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Smell of smoke and smoke detector activated in Le Roy

By Howard B. Owens

A smoke detector has been activated, and there is a smell of smoke at 7662 Harris Road.

The location is an apartment.

UPDATE 10:57 p.m.: Conclusion, faulty smoke detector. Thermal imaging revealed no fire. All units back in service.


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Batavia resident, true guardian angel

By Tasia Boland

When people have a strong motivation that drives them to devote all their time and effort to something worthwhile, they are bound to find happiness; at least this is the case for Batavia resident Donald R. Carroll, who has spent countless hours helping local youth.

He is one of four inductees for the Oakfield-Alabama High School Hall of Fame ceremony, which takes place the first weekend in October.

For the last 35 years, Carroll has lived by his motto, “Pay it forward.” He graduated from Oakfield-Alabama Central School in 1974. Instead of following the trend of going off to college after getting his diploma, Carroll decided to join the workforce and focus on his passion for helping less fortunate children.

For his first organized project, he partnered with the Genesee/Wyoming YMCA to raise money to send kids to camp. The fundraiser was successful for 23 years.

Erik Fix, branch director of the Genesee/Wyoming YMCA said Carroll has collaborated with the organization over the years on many different occasions. Fix said most recently they have combined efforts on Don’s Secret Santa fundraiser to give gifts to children at Christmas time.

This fundraiser started because Carroll wanted to ensure every underprivileged child he was aware of was not disappointed on Christmas morning. This project has recently been expanded to provide grade school kids with supplies for school and winter coats.

Shortly after the camp fundraiser, Carroll switched his focus to helping students with college expenses. He started a 5k and 10k run in Batavia that ended in 2005 to support the Genesee Community College Foundation.

In 1997 he was named Geneseean of the Year (A person who has made an outstanding contribution to the community, contributed or volunteered beyond the call of duty and who is a resident of Genesee County) by the Chamber of Commerce.

Donald R. Carroll, the quiet, shy orphan who by chance grew up in Oakfield, NY, has become a true “Guardian Angel” of the less fortunate children of Genesee County.

Donald credits his success to having grown up in Oakfield and attending OACS where one individual in particular took a special interest in him. Donald will always be indebted to Coach Bill Burns for guiding him in high school, and getting him his first job as a counselor at YMCA Camp Hough. Coach Burns taught him by example about lending a hand, "paying it forward."

OA Alumni HOF dinner details: 5 p.m., Saturday, Oct. 3. at OA Middle High School. Tickets are $17. How to get tickets:

  • 1. Write your check to "Dollars for Scholars"
  • 2. Put "Hall of Fame" in the memo area
  • 3. Mail check to -- Hall of Fame Treasurer, OACS, 7001 Lewiston Road, Oakfield,  NY 14125

Canadian coffee chain lured to Batavia by tax breaks

By Howard B. Owens

A Canadian-based coffee chain is planning a location on Court Street with a "European style" formula, and the company is getting tax breaks that helped entice it to Batavia, according to an announcement by GCEDC today.

Coffee Culture stands to save $37,200 in taxes on its new equipment and building improvements to 6 Court St., and the company is also seeking property tax exemptions on the increased value the remodeled property will garner.

It's a program, according to GCEDC's Chad Zambito, that is available to any business, local or out of the area, that is investing at least $50,000 in its start up.

Ken Mistler, who is opening a coffee shop at Main and Jackson, declined the same assistance primarily because the timing of the process did not match Mistler's plans, Zambito said. Mistler was unavailable for comment this afternoon.

Coffee Culture plans to spend $330,000 to renovate the 2,500-square-foot location and turn it into a "high end" cafe and eatery. Initially, the business will be corporate-operated, but will be available to a potential franchise operator. It will offer free wi-fi, a plasma TV and meeting space.

Besides gourmet coffee, the chain offers breakfast and lunch sandwiches and desserts.

Zambito gave full credit to Don Burkel at the BID for getting GCEDC involved in the process of recruiting Coffee Culture to Batavia.

Off The Beaten Path: Still Life Photos

By JIM NIGRO

Mirror image on Oak Orchard Creek

More photos after the jump:

Purple Loosestrife

Musk Mallow

Chickory

Woodland Sunflower

Timothy & Oxeye Daisies

Where Needled Giants Nod

Fur bearer's wake in a swampy backwater

On the way home - the calm before the storm

Two men apprehended and charged with entering country illegally

By Howard B. Owens

State troopers stopped a van last night on Route 98 in the Town of Batavia for allegedly speeding and found that two people inside were apparently in the country illegally.

Taken into custody were Leodegario Vazquez-Rodriguez, 48, and Francisco Hernandez-Gomez, 24.

Both were charged with unlawfully entering the United States.

Hernandez-Gomez was also charged with seven vehicle and traffic violations.

Vazquez-Rodriguez was taken into custody by Immigration and Customs Enforcement, and Hernandez-Gomez was placed in Genesee County Jail on the alleged vehicle and traffic violations, awaiting transfer to federal authorities after the local charges have been answered.

Children on assistance eligible for $200 in back-to-school aid

By Howard B. Owens

Local children receiving food stamps or cash welfare benefits are going to receive an extra $200 from the state to help with back to school expenses.

Genesee County is receiving $345,800 for the program through the state as part of the federal economic stimulus program.

As many as 1,700 local children will be eligible, Social Services Commissioner Eileen Kirkpatrick told WBTA (listen).

Assemblyman Steve Hawley expressed concern about the program, telling WBTA that there are no restrictions on the handouts and that, for example, a family with five children will get $1,000 and mom or dad will be able to do with that money whatever they please.

Eligible families will start receiving the school credit as early as today in electronic deposits.

Today's Deals: Center Street, T.F. Brown's, Settler's, Jackson St., South Main

By Howard B. Owens

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

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

Jackson St. Grill, 9 Jackson St., Batavia, N.Y.: Try the fresh, skinless haddock fish fry on Fridays. We have a $10 gift certificate for $5.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: From cozy to contemporary is what you'll find at this well-stocked gift store. We have a $20 gift certificate for $9.

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. Only one gift certificate per-merchant per-person every six months. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. Individuals buying gift certificates must use their own personal PayPal account for the purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Unless other arrangements are made immediately after purchase, the gift certificate will mailed to the winner at his or her PayPal-provided postal address within two or three days of purchase.

Center Street Smoke House

SOLD

T.F. Brown's

SOLD

Jackson St. Grill

SOLD

Settler's

SOLD

South Main Country Gifts

SOLD

Wanted: nominations for Community Volunteer of the Year

By Billie Owens

Attention friends of do-gooders...Batavia City Manager Jason Molino wants to hear from you -- and soon!

The City of Batavia is seeking nominations for the Community Volunteer of the Year recognition award to be presented by City Council at its Sept. 14 business meeting. 

Nomination Forms can be picked up at the City Manager’s Office or by phone at (585) 345-6333. Nominations will be accepted through Aug. 17.

Oakfield-Alabama Central School will finish $6 million dollar project before school starts

By Brittany Baker

Oakfield-Alabama Central School has $6 million to spend on building repairs, new technology and safety measures for its students, thanks to an EXCEL grant they got four years ago.

“The best part is, there is literally no (additional cost) to the taxpayer…” said Christopher Todd, OA superintendent. “We will not go over our $6 million dollar cap – although we plan to get as close as we can.”

First, OA will spruce up the memorial site in the front of the building. A light will illuminate the flag and new greenery will make the site more eye-catching.

Part of the grant money has been dedicated to making the schools more energy efficient, so new heating/AC units were installed in the elementary school. The new units will also be cheaper to maintain if they happen to break or need repairs. “Here at OA, we like to make sure our kids are cool!” joked Todd.

Parents will have no reason to sweat this year when it comes to the safety of the students during school hours. New doors were installed in the lobbies of both the elementary and high schools – doors that will only open if visitors are approved and buzzed in. The offices in both schools have been remodeled to make this an easy process. (Below is the new elementary school office.)

The biggest changes that affect parents of OA students are the drop-off zones for each school. At the elementary drop-off, parents and their children won’t have to avoid the giant puddle of water that seemed to always form directly in front of the school. The drainage system will be repaired before the beginning of the school year. (When this picture was taken, it hadn't rained for about two days.)

 The drop-off system at the high school has been improved as well. Since the Department of Transportation mandated that the school move its main entrance, parents have the front of the building all to themselves. That includes the new three-lane roadway that extends across what used to be the school’s front lawn.

“It will be much easier for parents to make quick drop-offs, it will keep traffic off the main road, and they won’t have to interfere with the buses' drop-offs either,” explained Todd.

So where will the buses load and unload their students if they’re no longer at the front of the building? Well, it’s hard to see from the road, but behind the middle school there will be a new circle for buses only. There used to be a small administrative parking lot in that area.

“I told [fellow administrators] they couldn’t complain, because I’m losing my parking spot too!” laughed Todd, “I’ll be parking way out there!” he said gesturing toward the far end of the student parking lot.

Also, another roadway will stem from the new bus circle and head straight back for the football fields to a small handicapped parking lot. 

Athletes in OA will benefit from this grant too. The football fields will have new lights, the track will be resurfaced, and ball fields will get new clay and dirt skins called “baseball mix." Plus, a few machines in the fitness center are being leased – they’ll be easier to replace if they happen to break or need repairs.

Physical activity is important to elementary students too, so they’ll be getting a new playground behind the cafeteria. All the pieces have arrived, but the playground itself may not be finished before school begins. All other construction is scheduled to be finished by the time school starts next month.

Is the roundabout truck friendly?

By Howard B. Owens

I happened to catch this truck going through the roundabout this morning, and the driver seemed to make it through just fine. He went, though, only half way onto the brick area.

As you can see, he's tilted a bit, so one of my questions is -- doesn't the DOT plan to level the asphalt with the bricks? My assumption was yes, but the sides of the curbs are bevele -- as if they're meant to be driven on -- leaving the asphalt inches below the bricks.

It was clear from the tire marks on the bricks that many drivers have discovered that it's OK to drive on the red roadway.

American Austin Bantam Club meeting in Batavia

By Howard B. Owens

This afternoon, I spotted a long line of classic-looking, very tiny cars heading west. I turned around and followed them down River Street and eventually to Williams Park.

It turns out the American Austin Bantam Club is holding its 46th annual meeting in Batavia this week.

American Austins, and alter Bantams, were manufactured in the United States from the 1930s until the early 1940s. They were America's first economy car.

They were probably intended for second family cars, for short drives to the store and other errands, said club member Gene Loomis, of Warsaw.

The cars get about 50 miles per gallon of gas.

Phil Haynes, of Connecticut, said there were some 17,000 to 18,000 Austins built in Pennsylvania, and then about 6,700 Bantams manufactured.

It was Haynes (pictured in the white car below) I dropped behind after turning around on Main. As I followed him, he would occasionally stick his left arm out the driver's side and wave it straight down, back and forth.  At first, I thought, "He thinks I'm following too close," so I backed off, and he did it again, so I backed off some more, then he did it again, and that's when I realized, "he's rowing."

These little cars don't have a lot of horsepower. Haynes said he needed all the help he could get to coax his American Austin up any kind of incline.

The Club is staying at the Holiday Inn and will visit the VA Medical Center this afternoon.

Batavia Downs driver hurt in spill, will race again Wednesday

By Howard B. Owens

A 38-year-old driver was injured during the ninth race last night at Batavia Downs.

Kevin Cummings, who was driving 13-year-old square-gaiter Devilinhiseyes, suffered a spill and sustained injuries to his hip and elbow, according to a statement issued by Todd Haight, spokesman for Batavia Downs.

Haight quotes Cummings:

I’m really not sure what happened. Things got tight and the race bike got jerked from underneath me. When the left wheel tipped sideways I knew I was in trouble. I just let go of the lines and landed on the ground.

My hip is really bruised, that’s where I hit the ground and my elbow has a hole in it. I lost a chunk of skin. It's really sore today.

The accident occurred going into the first turn, during the ninth race, a $4,000 claiming trot.

Cummings, a father of four, plans to return to racing on Wednesday night.

Devilinhiseyes was uninjured in the incident, nor were any other drivers or horses hurt.

Head-on collision reported on Bloomingdale Road in Alabama

By Howard B. Owens

A head-on collision on Bloomingdale Road near Tesnow Road in Alabama has been reported.

The initial report stated two people were entrapped, but the latest report is that there are two victims who are out of the vehicles.

Mercy Flight remains enroute.

UPDATE: A landing zone is being established for Mercy Flight.

UPDATE 2: At least one person was being helped (not sure if "extracted" would apply) from one vehicle. He is apparently the driver of one vehicle and he reportedly told emergency responders that he fell asleep at the wheel.


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Police Beat: Two women cited for untaxed cigarettes

By Howard B. Owens

Joanne C. Buchanan, 50, of Box 70 Country Road Route 37, Central Square, and Jayne E. Best, 52, of 9384 Woodlawn Drive, Brewerton, were arrested for allegedly attempting to evade or defeat tax and possession of untaxed cigarettes. Deputy Tim Wescott initiated a traffic stop for alleged speeding and reportedly found 10 cartoons of cigarettes in the car Buchanan and Best were in.

Donald J. Cummins, 60, of 104 Bernice Drive, Seneca, is charged with DWI. Cummins was reportedly driving westbound on Route 33 at 11:53 p.m. when his vehicle allegedly strayed from the roadway toward the left shoulder striking a road cone. Deputy Kevin R. McCarthy stopped Cummins and found he was allegedly driving while intoxicated. He was also cited for allegedly driving with a BAC of .08 or greater and moving from a lane unsafely.

Susanna E. Venti, 60, of Alexander, is charged with DWI. Venti was stopped by a state trooper on Walker Road in the Town of Darien for allegedly crossing the center line. Venti's alleged BAC was .08 percent. Venti was cited for DWI, failing to keep right and driving an unregistered vehicle.

Muckdog moves up

By Peter O'Brien

The Muckdog that Chelsea and I have been hosting this season got the phone call last night.  Scott Schneider will be leaving our home today to head to Quad Cities and join his former teammates. He is the second pitcher to be called up from Batavia.

Chelsea and I will miss having him around and wish him the best of luck.

The public's right to know: Council debates when to release public information

By Howard B. Owens

There was a portion of tonight's City Council meeting where I damn near started pulling out my increasingly graying hair.  I almost posted a message on my Facebook page along the lines of, "I started covering city governments 20 years ago, and there comes a time in way-too-many council meetings where I wonder why we even bother to vote."

Tonight's completely meaningless topic: Whether to give candidates for council seats in the November election copies of complete council agendas prior to council meetings.

Prior to each meeting, the City Council is given a stack of papers containing background material on the items under consideration.  The agenda packet contains memos of staff opinion, letters from concerned citizens, spreadsheets, historical records and other documents that might be germaine to a particular agenda item.

Except for material related to closed session discussions, none of it is particularly precious.

But to hear Frank Ferrando and Rose Mary Christian go on and on about it tonight, you would think these documents were as sacred as the Dead Sea Scrolls.

We heard about what an honor and privilege it is to get the background documents once elected (but not before), and if the council challengers want to be fully informed, all they need to do was show up at the meetings (which, disappointingly, tonight, none of the three challengers -- Phil Ricci, Sara Jane Burk-Balbi and Julie Wallace -- were bothered to attend).

From the Christian and Ferrando perspective, even showing up shouldn't entitle people to the sacred documents. It should be enough just to come and listen to fully understand the issues.

Well, yes, some discussions can be enlightening just from the questions and statements of council members and staff, but having sat through numerous government agency meetings, I can tell you -- it's quite easy to misunderstand or misconstrue the conversation without adequate written background material -- and ideally, material you've read in advance of the meeting. I'm sometimes frustrated by how skimpy the background material actually is with some local public agencies.

But none of the current council members were granted the esteemed privilege of document access prior to election, so why should the new challenges be bestowed such a time-honored trust?

Here's a news flash: The background material is public record.

Here's the very eloquent preamble to the New York's public records' law:

Legislative declaration. The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government.

As state and local government services increase and public problems become more sophisticated and complex and therefore harder to solve, and with the resultant increase in revenues and expenditures, it is incumbent upon the state and its localities to extend public accountability wherever and whenever feasible.

The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. The legislature therefore declares that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article (emphasis added, and notice the use of the phrase "leading to").

Once a government agency creates a document that is not otherwise exempt under provisions of FOIL, it becomes public record. It matters not whether it's been distributed to the City Council, the media or the clerk across the hall, or never even leaves the desk of its writer -- unless exempted under specific provisions of FOIL, it is public record. Period.

There was some concern tonight about the costs of creating copies of the background material for candidates, and the council finally decided on a 5-4 vote to make available only four additional copies for any member of the public (not just candidates) to walk into the clerk's office and obtain. But there is a simple solution to the cost issue: PDF. 

The obvious course of action for the city to take -- the needs of some council members to protect their special privileges aside -- is for the city clerk to upload a copy of each agenda and all background material to the city's Web site at the same time it is made available for the council.

This would be most in keeping with the principles of a free and open government.

Those voting against greater government transparency, even at the minimal level eventually passed tonight: Marianne Clattenburg, Kathy Briggs, Ferrando and Christian.

Failure to stop at intersection may have caused serious injury accident in Pavilion

By Howard B. Owens

A minivan driven by a 60-year-old Castile resident apparently blew through a stop sign on Perry Road this afternoon allegedly causing an accident that sent her and five other people to the hospital.

Jean A. Foote, and her passenger, Ann Witek, 89, were taken by Mercy Flight to Strong Memorial Hospital in Rochester.

Foote was reportedly driving south on Perry Road when she approached Route 20 and failed to yield for a stop sign at the intersection.

The car she hit, a 2000 Volkswagen Jetta, carried a driver and three passengers. The driver and one other passenger were taken by ground ambulance to Wyoming County Community Hospital, and the other two passengers were transported to Strong by ground ambulance.

The driver was 23-year-old Stephanie M. Hall, of Attica. Her passengers were John Rennard, 18, of Alexander, Kristie G. Terry, 17, of Wyoming and Joshua J. Wells, 18, of East Bethany.

All six victims were wearing seat belts, and none of the six suffered life-threatening injuries, according to the Sheriff's Office report.

The time of the accident was 4:20 p.m.

It is under investigation by Deputy Matt Butler, Sgt. Greg Walker, Sgt. Steve Mullen and members of the Genesee County Crash Management Team, Sgt. William Scott and Deputy Eric Seppala.

Responding to the scene were the Pavilion Volunteer Fire Department, Bethany Volunteer Fire Department, York Volunteer Fire Department, Le Roy Volunteer Ambulance Service, City of Batavia Ambulance Service and Mercy Flight.

Previously: Two-car rollover accident reported near Pavilion Center

City could use federal funds to improve Cedar and Summit streets

By Howard B. Owens

The City of Batavia could reconstruct both Cedar Street and Summit Street at no direct cost to local taxpayers, the City Council was told tonight.

By combining annual federal infrastructure funds the city already gets with an 80-percent funding grant, the city could complete $5.7 million projects by 2012 and not a dime would come from city coffers.

The 80-percent grant is Federal money that is administered by the state.

The city must apply for the grant.

Reconstruction would rebuild the streets rather than just repave them, which was recently done to Oak Street.

Summit will cost an estimated $2.2 million and Cedar, $3.5 million.

The city plans to move ahead with design work that will put it in a position to receive the grants, using funding already available from the feds.

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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