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Police Beat: Alleged drug dealer on Maple Street in Batavia arrested

By Howard B. Owens

Amanda T. Sterzick, 37, of 3 Maple St., Batavia (pictured), allegedly sold 20 hydrocodone pills to an undercover agent with the Genesee County Local Drug Task Force. Sterzick has been charged with criminal sale of a controlled substance. At the time of her arrest, she had $1,237 in cash. She is held in Genesee County Jail without bail.

Jarrett M. Hoffman, 20, of 9307 Asbury Road, Le Roy, is charged with unlawful possession of marijuana and aggrevated unlicensed operation of a motor vehicle. Hoffman was stopped for allegedly making two turns without a turn signal. He was issued an appearance ticket and released.

UPDATE: Just in:

Timothy O. "Cricket" Lee, 28, of 20 Ross St., Apt. 2, Batavia, is accused of selling crack cocaine while being observed by members of the Genesee County Local Drug Task Force. At the time of his arrest, Lee allegedly had $1,840 in cash. Lee is charged with criminal sale of a controlled substance and unlawful possession of marijuana. He is being held without bail.

Three Genesee County departments called to house fire in Alden

By Howard B. Owens

Tankers and crews are being dispatched as mutual aide to a house fire in the Town of Alden.

The fire is reported at 12773 Uebelhoer.

Manpower and equipment is being requested from Corfu, Darien and Pembroke.

UPDATE: A reader reports that it shoulds like two structures are on fire. He sends along a link where you can listen to Erie County fire dispatch online. iTunes is required.

UPATE II: Lucille notes in comments, WBKW reports that at least one person is dead at the fires.

UPDATE III: Beth Kinsley provides this link: Sibling dispute ends in suicide.


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Running For Special Olympics

By Genesee ARC News

The local leg of the Law Enforcement Torch Run was held this morning in Genesee County. The Law Enforcement Torch Run helps raise awareness and funds to benefit Special Olympics throughout the nation.  

 

 

Runners started at the Genesee ARC Day Habilitation Center in Elba, and ended at the Administrative Offices and Work Center at 64 Walnut Street, Batavia.

 

 

At the start of the race, Dale Baldwin helped officers carry the torch before the group headed south down Route 98 towards Batavia. 

 

 

In the city, due to road construction along Walnut Street, runners entered the ARC property via Franklin Street. 

 

 

Martin Gielow, in his wheelchair, helped runners carry the torch for the final stretch, completing the almost 7 mile trek.

According to event coordinator, Detective Todd Crossett of the City of Batavia Police, runners from his department were joined by The Genesee County Sheriff’s Office, New York State Police, LeRoy Police Department and the U.S. Army. “It’s a real team effort, for a great cause,” the Detective said.

Deals of the Day: T.F. Brown's and Batavia Downs Grandstand Bar & Grille

By Howard B. Owens

Today: Two great opportunities for great meals at a discount!

Batavia Downs Grandstand Bar & Grille: Dine and play at one of Batavia's most popular entertainment venues.

T.F. Brown's: Take in a game, catch up on scores or just enjoy an exquisitely prepared meal.

Each gift certificate is valued at $25 and available today for $12.50 each, plus a $1 PayPal service fee.

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.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol 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. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Batavia Downs Grandstand Bar & Grille

SOLD

T.F. Brown's

SOLD

Driver reportedly fell asleet on Fargo Road, hit tree, minor injury

By Howard B. Owens

Philip H. Rebmann, of Corfu, reportedly fell asleep while driving on Fargo Road in Darien around 3 p.m. yesterday, according to a Sheriff's Office accident report. His 2001 Olds two-door sedan traveled off the road, hit a rock, continued over a private driveway and slammed into a tree.

Rebmann, 65, complained of chest soreness, but was not transported to the hospital.

The vehicle was registered to a Darien Center woman. 

Initial reports said the driver claimed his car had been run off the road.  A passerby had taken him to a nearby residence.

Business paper suggests Elba and Oakfield-Alabama districts should merge

By Howard B. Owens

Business First takes a look at tax-relief recommendations encouraging mergers between smaller school districts, and comes up with a list of 13 potential consolidations in WNY, among them Elba and Oakfield-Alabama.

Elba/Oakfield-Alabama

Enrollment is 35 percent lighter in Elba (537 students) than in any other Genesee County district. The closest option for consolidation is 10 minutes down the road in Oakfield-Alabama (990). The resulting district (1,527) would still have fewer students than nearby Batavia.

Political advertising on The Batavian

By Howard B. Owens

Political candidates: I've put together a special rate card for the political season now upon us. There is a definite advantage to acting quickly (essentially, buy an ad before July 1 and get a month or more of free advertising -- the sooner you act, the more you save).

Write to me, howard (at) thebatavian dot com and I'll reply with the rate sheet.

City Dems pick slate for November election

By Howard B. Owens

The city Democrats have lined up behind three candidates for Batavia City Council in the November election.

All three are running for at-large positions.

Getting the endorsements are Sarah Burk-Balbi, Phil Ricci and Julie Wallace.

For the County Legislature, the Democrats are backing Chris Charvella (District 8), Rosemary Christian (District 7) and Edward DeJaneiro, Jr (District 9).

GOP picks three candidates for City Council election

By Howard B. Owens

Ward 2 City Council represenative Marianne Clattenburg is getting the GOP nod for a Batavia at-large council position in the November election.

The GOP met tonight and endorsed Clattenburg, as well as incumbents Frank Ferrando and Tim Buckley.

If Clattenburg won the at-large seat, under council rules, a Republican would be selected to assume the remainder of her Ward 2 term.

Tune in to WBTA in the morning for more coverage of the endorsements.

Documents show city complied with information requests on Dillon waiver

By Howard B. Owens

City Manager Jason Molino submitted two letters detailing the hiring process that led to the appointment of Tom Dillon as interim fire chief last year, as well as how Dillon would be replaced, but the NYS Civil Service Commission still denied the city's request for a 211 waiver because of insufficient detail, according to documents obtained by The Batavian today.

"The Municipal Service Division recommends that the State Civil Service Commission disapprove this request for lack of details on the results of the interviewing process," writes state staff in its recommendation to the commission.

The recommendation contradicts the detail on recruitment efforts and interviewing contained in two letters, with attachments, provided by Molino to the commission. One letter was submitted Oct. 8, 2008 and another on Jan. 16, 2009, four days before the commission notified Molino the city had not responded to its request for more information.

"We sent them everything they asked for," Molino said in an interview this afternoon.

Dillon resigned as fire chief last month after the state ruled that he could not continue to receive his pension from his 29 years with the Rochester Fire Department and draw a full-time salary in Batavia.  The city sought what is known as a 211 waiver, which is designed to help local governments fill vacant positions, especially on an interim basis, with retirees.

Molino attributed the denial of the waiver more (as we covered in a previous post) to a change in the state's willingness to grant 211 waivers.

"The whole point of the 211 process, it was created for interim positions for temporary periods of time and what's happened over the years is people have taken interim positions and turned them into permanent ones," Molino said.

The commission was told, Molino noted, that Dillon's appointment was intended to be temporary because at the beginning of the process, there was still some thought that the charter review process might led to a unified chief executive for police and fire (it turns out that isn't permissible under state law).

The city wanted to keep Dillon on until either a unified position was created or a civil service test for the position could be administered in January 2010.

"The other part of it was we weren't going to fill it permanently until this charter review was completed, and if there was a change in direction, we would change with it, otherwise, we would move forward with the test in January," Molino said.

The documents also reveal that prior the appointment of Dillon, all four Batavia Fire captains were considered for the position, but none were eligible for promotion.

The Batavian made its initial FOIL request the documents related to the city's waiver request a month ago. The FOIL request was fulfilled today.  Here are the documents (large PDF file).

Doll and Benaquist involved in 'troubled transaction' court document reveals

By Howard B. Owens

The girlfriend of Joseph Benaquist told authorities the night Benaquist was killed in the driveway of his Pembroke home that Benaquist and murder suspect Scott Doll had a "troubled transaction" involving two vehicles, according to court documents filed with the County Clerk's office late this afternoon.

The revelation is contained in an opinion issued by Judge Robert C. Noonan, answering several motions filed by Doll's attorneys.

Noonan denied a motion to supress evidence obtained with a search warrant issued on Feb. 20.

Benaquist's battered body was found between two blood splattered cars in the early morning hours of Feb. 17, Noonan says in his opinion. The cars were a Pontiac G6 with a flat tire and a Nissan Altima with an automobile jack at its side.

The Pontiac was tagged with license plates from a Chevrolet Malibu purchased by Doll and Benaquist, but registered to and used by Benaquist.

Benaquist, Noonan writes, was scheduled to meet with Doll hours prior to the discovery of his body, according to Benaquist's girlfriend.  Phone records reveal Doll had called Benaquist earlier that afternoon.

A hearing on further motions is scheduled for June 16 at 1:30 p.m.

Read the full decision (PDF)

Looking for Host families for Batavia Muckdogs!

By Russ Salway

I have volunteered to help find host families for the Batavia Muckdogs this coming season. Were looking for people who live within the city that would be interested in having a player or two stay with them this season.  The players would basically be renting a room from you with kitchen and bathroom privledges.  If your interested please contact me by email at russsalway@verizon.net  The players will be arriving the weekend of June 13th and 14th.  I personally have been a host family for five years now and its been a very rewarding experience.  Let's not forget we almost lost this team a year ago and we ended up keeping them and winning the NY-Penn league championship! The season starts Friday June 19th with fireworks after the game! Let's fill the stands this season and make it a record breaking year!!! Let's Go Muckdogs!   

Driver claims to have been run off road on Fargo Road

By Howard B. Owens

A driver who's car slammed into a tree on Fargo Road says he was run off the road by another vehicle.

The call just came in.

Another driver picked up the driver involved in the accident and took him or her to a nearby residence. The driver reportedly suffered a minor injury, but an ambulance is not required.

Consolidation bill pushed by Cuomo passes Assembly, Hawley votes yes.

By Howard B. Owens

Assemblyman Steve Hawley announced today that he supported legislation pushed by Attorney General Andrew Cuomo  that could make local government consolidation easier.

"New N.Y. Government Reorganization and Citizen Empowerment Act" is supposed to save taxpayer's money by streamlining the consolidation process.

The bill passed the assembly yesterday without opposition.

Hawley's full press release after the jump:

Assemblyman Steve Hawley (R, I, C - Batavia) today voted in favor of Assembly Bill 8501, the "New N.Y. Government Reorganization and Citizen Empowerment Act."  This legislation would help save taxpayer dollars by allowing local government to become more effective and efficient, while at the same time standardizing state law regarding the process of government consolidation.

"I firmly believe that less government is better government and I have long supported initiatives to consolidate government services, such as during this year's budget negotiation.  By consolidating services among the three levels of government, we can more effectively and efficiently serve our collective constituency," said Hawley.

The Assemblyman continued, "at first glance there were some fears about this legislation that I shared with local government agencies.  I wanted to make sure that this bill was not just another Albany-imposed mandate.  I have taken the time to carefully review the bill and to vet the language with my colleagues in local government as well as to read a number of letters and e-mails my office has received since this bill was introduced.  We need to take steps to cut government excess in order to truly protect the taxpayers and businesses of our state and I believe after considering this legislation that this bill will help meet that goal."

The bill puts into place a standardized method for government consolidation, shared services or dissolution of government entities, should that be proposed on a local level.  While the Assemblyman originally had some concerns about the bill, upon reviewing the bill language and vetting it through local and state officials, he came to the conclusion that the bill merely clarifies and standardizes the process by which local government entities may consolidate, share services or dissolve, should the voters of the district petition.

The largest among the Assemblyman's original concerns was that the bill outlines that 10 percent of the electorate must sign a petition calling for a referendum on the issue of consolidation, sharing services or dissolution. However, this 10 percent is greater than the current 5 percent standard in Town Law and greater than the percentage needed in most cases for a petition to consolidate adjoining villages under current Village Law.  Additionally, the bill provides a safeguard for small villages and government entities with populations of less than 500 residents.  In these cases, the bill calls for 20 percent of the population to sign the petition.

Additionally, the Assemblyman shared the concern of some local officials that this measure would put too much power into the hands of county-level officials.  However, current state law already gives counties this power. Another concern was that should a referendum be called for, taxpayers would be asked to foot the bill for holding a special election.  Yet, the bill directly states that should a referendum be called, it may be held at any time, including on general elections.

Finally, the Assemblyman was concerned that should a referendum be called for and passed, it would give local government entities short notice to lay out plans to consolidate, share services or dissolve.  The bill language details the standardized process, which would amount to a minimum of 390 days and, thereafter, it would take up to an additional two years for the plan to be fully implemented.

"At the end of the day, this bill puts the power of change into the hands of the people, which, in my opinion, is where it belongs.  This bill does not call for governments to consolidate or dissolve at a local level.  It merely gives a standardized process for localities should they consider this option," said Hawley.

To further ensure that certain government entities, such as fire districts, are protected, Hawley is drafting new legislation that would amend A.8501. The Assemblyman stated, "I want to make sure that our fire departments are fully protected and that the bill which was passed does not have any unintended negative consequences for our firefighters, especially in terms of volunteer firefighter recruitment.  I will continue working together with the fire districts and volunteer fire departments in the 139th Assembly District and my colleagues in the State Legislature toward this end."

Pavilion super's 15 years of service contributed to earning power

By Howard B. Owens

WBTA has an update on Pavilion School Superintendent Ed Orman's $183,000 salary:

Orman's salary can be attributed to his longevity, 15 years on the job, and for many years he was both superintendent and business manager, said Pavilion School Board President Beck Lewis

Orman retires next month.

The new superintendent, Ken Ellison, will earn $125,000, which is comparable to administrators in other small districts.

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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