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Deal of the Day: Center Street Smoke House

By Howard B. Owens

Today's Deal: Center Street Smoke House, a $25 gift card for $12.50, HALF OFF! (plus a $1 service charge).

Center Street is located at 20 Center St. in Batavia and is one a great place to go for BBQ, Southern hospitality and features a fine saloon. Center Street also frequently features live music and has an open patio at the back of the restaurant.

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.

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Many New Yorkers say they want to leave state

By Howard B. Owens

This may come as no surprise, but many of your neighbors are thinking about leaving New York, according to a poll conducted by Siena College, according to the Buffalo News.

As much as 20 percent of the state's population would like to move or is thinking about, according ot the poll. Only 16 percent said they have no intention of moving.

How many people would follow through on the threat is unknown, but the poll, according to critics, depicts a clear frustration many have with state and local taxes that fuel a high-tax reputation across the nation.

“It absolutely should be of concern to the governor and state leaders,” said Steve Greenberg, a spokesman for the Siena poll.

Police Report: Woman accused of hitting deputy following property dispute

By Howard B. Owens

Shauna Clattanburg, 27, of Batavia, is accused of striking a Sheriff's deputy in the chest and then containing to hit the officer and yell obscenities while she was taken into custody. The incident arrose during a property dispute in Batavia at 11:38 yesterday. Clattanburg was charged with harassment and resisting arrest.

Charges pending in accident involving tractor on Main Street

By Howard B. Owens

The Sheriff's Office is investigating last evenings accident involving a tractor that struck four vehicles and pushed a car sideways down Main Street in Batavia, injuring at least two people.

See yesterday's coverage.

The tractor driver, Neil W. Phelps, 55, of Caledonia, could face charges pending the outcome of the investigation, according to a Sheriff's Office press release.

A passenger in one of the cars struck when the tractor first turned onto Main Street from Route 63 was taken to UMMC for non-life-threatening injuries.

Phelps was also taken to UMMC for evaluation.

The driver of the car pushed down Main Street was also treated later that evening for complaints of hip pain, according to Robin Ettinger, who identified herself as the driver's daughter in a comment left on The Batavian last night.

UPDATE: Dan Fischer at WBTA is developing the story further. He has more details and an audio interview with Tim Yaeger coming.

Online Exclusive: Roll top desk from Max Pies at $300 off

By Howard B. Owens

Through a special arrangement with Max Pies Furniture, 400 South Jackson St., Batavia, The Batavian is able to extend this special, online-only offer to its readers:

We are able to offer a solid oak roll top desk to readers of The Batavian at a $300 savings. This desk normally retails for $795.  You can use the PayPal button below to buy it online now for $495. (Sales tax and a $12 PayPal service fee will be added)

You can't buy this desk in the store at that price.

The winner of this exclusive item will be able to choose from an in-stock desk or custom order in one of the three available finishes: harvest distressed, glazed medium distressed or light distressed..

If you've ever dreamed of owning a roll top desk, here is your chance to acquire a quality piece of furniture at a substantial savings.

There is only one item available at this price and it is exclusive through
The Batavian. The winning purchaser will need to arrange to stop by The Batavian office to pick up a purchase voucher. Final arrangements to take delivery of the chair are made at the Max Pies location at 400 South Jackson St. This item will be available until it sells and only one at this price is available.

The voucher has no cash value, but can be used toward an upgrade purchase on another item.

Deliver is free in Genesee County.

To purchase this online exclusive from The Batavian and Max Pies Furniture, click the PayPal button below (this is the only way you can make this purchase -- this price is NOT available in the store).

If you're a local business owner and would like to offer The Batavian readers great deals either as part of The Deal of the Day or as an Online Exclusive, call me at 585-260-6970.

Batavia council asks manager to prepare report on switching Fire Department to volunteer force

By Howard B. Owens

The City of Batavia should seriously consider replacing the Batavia Fire Department with either an all volunteer, or partial volunteer force, Council President Charlie Mallow suggested during tonight's City Council meeting.

UPDATE: Audio of Mallow's speech provided by WBTA.

His call to have Jason Molino prepare a report on the idea before the council's next conference meeting met with broad support from the other council members, with at least five members backing his thinking and none of the rest raising an objection.

"We live in a city of 16,000 people with a fully funded fire department," Mallow said. "That is probably the most unusual thing you can come across. Our taxpayers are taking a pounding for $3.5 million that 16,000 people have to pay for every year. Can you imagine what we can do -- the town fire department is a little over $1 million -- what we could do with $2.5 million? We could fix their sidewalks in this city. Maybe we could fix our roads without begging for more from the state.

"It's going to take real leadership, because I tell ya, we all know what it took to get rid of that ambulance service and there's still people with signs up even though that issue has long since passed

"Speaking as somebody who is about the fly the coup, it's going to take somebody on this council or the next council to step up and do the right thing no matter how many signs people put up or how many phone calls they make."

Council woman Marianne Clattenburg immediately followed with a "Here, here."

Bill Cox, Bob Bialkowski and Rose Mary Christian all expressed support for Mallow's call for Molino to study up on the issue and prepare a report.

The discussion came in the middle of an agenda item about the car allowance for the city's fire chief, which was an issue put on the agenda by Cox.

"I don't want to argue about $4,000," Mallow said. "I want to argue about $2.5 million."

Cox said now is the time to act on the proposal, while the city's fire department is being run by an interim chief, so that the position wouldn't be changed in the middle of the term of a permanent chief.

The fire fighters union is already claiming a Taylor Law violation because the city voted to eliminate the city's ambulance service, and asked after the meeting if this latest proposal might really run afoul of the Taylor Law, Mallow said, "I've found that your best thing to do is just do the right thing. We did the right thing with the ambulance service and we got complaints because we did the right thing."

As for the car allowance, Molino said he is going to recommend to both the police and fire chiefs that they forgo the city's stipend and use a city vehicle for official business.

Molino explained that the city's employee handbook gives the chiefs the option of an allowance or a city-provided vehicle or a stipend, but after talking with an insurance carrier, the idea of chiefs using personal vehicles for official business should be a grave concern.

If the chiefs were in an accident, even though on official duty, while driving a personal vehicle, their personal insurance company would be the first line of liability. In a serious scenario, the mount of damages could greatly exceed the personal liability coverage.

"I don't think it's good policy to have our city employees at risk of losing everything they've worked their whole lives earning," Molino said.

Both departments have vehicles available -- especially for the fire department once the ambulance service is terminated -- that the chiefs could use and take home to be available in emergencies.

Tractor pushes car sideways down Main Street into the city

By Howard B. Owens

A tractor from My-T Acres pushed a car with two people in it sideways eastbound down Main Street this evening.

The tractor struck at least two other vehicles and caused at least one minor injury.

Incredibly, neither of the two people in the car pushed by the tractor were injured.

"If it (the car) had flipped over, we would both be dead," said driver Gene Laney. "There is no way we could get out."

The tractor only stopped after a passerby jumped up on the driver-side running board, according to Laney and a police officer, and banged on the glass and yelled at the driver, who eventually heeded the message and turned the tractor off.

The tractor finally stopped in the vicinity of 355 W. Main St.

The hero who helped get the tractor stopped was apparently no longer on scene five or 10 minutes later and police on scene did not know who he was.

Witnesses describe the unidentified tractor driver as in a daze.  It is not known why he drove the vehicle in this manner from Lewiston Road onto Main Street.

County Emergency Coordinator Tim Yaeger happened to be in the area at the time the call went out and tried to get the tractor driver to stop, even pulling in front of the tractor with lights and sirens to draw the driver's attention.

No further information is available at this time.

Two Batavia PD check points lead to 47 tickets and five DWI arrests

By Howard B. Owens

Twenty-nine license suspensions. Can you imagine?

That person was among of several alleged violators and potential law breakers nabbed at two Batavia Police Department check points set up Friday, according a press release issued this afternoon.

The person with the 29 suspensions isn't identified, and neither is another person with 10 violations who was also tripped up in the one of the check points.

The check points were conducted on Bank Street and Clinton Street Road.

In total, there were 47 traffic summons issues, four people were arrested for DWI and one for aggravated DWI. One person was cited for unlawful possession of marijuana.

We already reported the case of the alleged illegal immigrants getting caught on Bank Street, and the apparent warning sign taped up near the Bank Street check point.

The DWI arrests, all from Batavia, are: James Kempisty, 48; Richard M. Potwora, 50; Todd M. Kemp, 36; Donald W. Gavenda, 51; Ryan M. Shrauger, 39.

Personnel from the Genesee County Sheriff's Office and the Genesee County Drug Task Force assisted in the operation.

Ammonia leak reported at Torrey Farms

By Howard B. Owens

UPDATE 12:45 p.m.: Tim Yaeger, emergency coordinator, just informed dispatch that the leak was closed 7 minutes ago.

Original report continues below ...

A "major" ammonia leak has been reported at Torrey Farms, 7170 Norton Road and hazmat has been dispatched.

A first-responder said, "Two valves on this tank that need to be shut off, but no way can we get near it."

He also reported it's a 15 ton cylinder "just going wild."

The wind is 16 m.p.h. out of the east. 

Norton Road has been closed.

UPDATE 11:55 a.m.  There's no new information at this time. Emergency teams are on scene. No report yet on the status of the leak. No indication of the situation getting worse.

UPDATE:  The media isn't being let into the scene, which isn't surprising. I'm not planning on going out there unless and until there is a press conference.

UPDATE: Here's what the State's health department site says about Ammonia:

How is ammonia used?
About 80% of the ammonia produced by industry is used in agriculture as fertilizer. Ammonia is also used as a refrigerant gas, for purification of water supplies, and in the manufacture of plastics, explosives, textiles, pesticides, dyes and other chemicals. It is found in many household and industrial-strength cleaning solutions. Household ammonia cleaning solutions are manufactured by adding ammonia gas to water and can be between 5 and 10% ammonia. Ammonia solutions for industrial use may be concentrations of 25% or higher and are corrosive.

How can people be exposed to ammonia?
Most people are exposed to ammonia from inhalation of the gas or vapors. Since ammonia exists naturally and is also present in cleaning products, exposure may occur from these sources. The widespread use of ammonia on farms and in industrial and commercial locations also means that exposure can occur from an accidental release or from a deliberate terrorist attack.

Anhydrous ammonia gas is lighter than air and will rise, so that generally it dissipates and does not settle in low-lying areas. However, in the presence of moisture (such as high relative humidity), the liquefied anhydrous ammonia gas forms vapors that are heavier than air. These vapors may spread along the ground or into low-lying areas with poor airflow where people may become exposed.


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Deals of the Day: Batavia Downs, Adam Miller and South Main Country Gifts

By Howard B. Owens

Among today's deal is the introduction of a new sponsor to the program: South Main Country Gifts.

South Main Country Gifts is located at 3356 S. Main St. Road and is a well-stocked, interesting gift shop with a large variety of items. When we visited Saturday, my wife commented on how reasonable the prices are.

Today's gift certificate is for $20 available through The Batavian for $10 (plus $1 service fee).

Also today, the ever-popular Adam Miller Toy and Bicycle, 8 Center St., where you can find toys for kids of all ages. We have a $25 gift certificate for $12.50 (plus $1 service fee).

And our third deal today is Batavia Downs Grandstand Bar & Grille, one of Genesee County's more popular restaurants. We have a $25 gift certificate for $12.50 (plus $1 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.

South Main Country Gifts

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Adam Miller Toy & Bicycles

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Batavia Downs Grandstand Bar & Grille

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Chris Lee scores points for bi-partisan efforts

By Howard B. Owens

The Buffalo News reviewed the first few months of Rep. Chris Lee's term as a U.S. Congressman and Buffalo Pundit, blogger Alan Bedenko, who, shall we say, leans Democrat, says Lee actually is doing an OK job, even if Bedenko doesn't always agree on policy.

I was wrong about Lee. The guy really seems to care about his constituents, and he’s taken an interest in the issues that matter.

Lee is building bridges with his Democratic colleagues, especially those also representing Western New York Districts, according to the News.

Saltwater Angler Has Genesee County Fishing Roots

By JIM NIGRO

These obviously happy anglers are displaying a pair of crevalle jacks.That's my cousin Richard Silver in the stars & stripes windbreaker. Standing alongside is friend and fishing buddy, Ira Kanerick.

I remember hearing Richard once proclaim the waters off Montauk Point on the eastern end of Long Island, and area around Key West, as two of the greatest fishing grounds in the world. That was more than thirty years ago. But long before making that statement he plied the waters of Mill Pond and Black Creek in Byron, and the Tonawanda Creek where it flowed past Parker Grinnel's pasture on Dorman Rd.

Here the captain uses a cast net to collect bait fish.

Richard was born and raised in Brooklyn and it was always a treat to see him whenever he visited the home of our grandparents in fifties. He was a teenager then and I was but a little shaver and sometimes allowed to tag along with him to the above mentioned fishing holes. Later, after first serving with the U.S. Navy, then forming his own business, American Pipe & Tank Lining Co. Inc., Richard still found time to make the drive to Montauk Point where he fished for striped bass with Ira and charter skipper John DeMeo. I fished with this trio on a windy Monday morning in October of '77. We were after stripers but the waves were so bad we retreated into a tidal estuary. I wound up taking home several pounds of flounder from that trip.

Having been brought close to the boat, a shark decides to make bid for freedom.

After the hook has been set, a tarpon puts on an aerial display.

Still full of fight, the tarpon is worked carefully towards the boat.

Richard and Ira recently made a two day trip to Islamorada, in the Florida Keys and they were kind enough to pass along these photos. A variety of species, including but not limited to tarpon, shark, grouper and crevalle jacks, were more than accommodating. Along with the pictures was a note stating "The action was nonstop. If it swam, we caught it." Knowing these two long time friends, that's nothing out of the ordinary.

Road block sign probably warning of police check point

By Howard B. Owens

I've been on Bank Street near the city limits each of the past four days. Friday, this was a normal speed sign as I remember it.  When I saw "road block" Saturday, I didn't think much of it. Then I did the blotter report this morning and realized that the Batavia Police Department was running a DWI check point on Bank Street Friday evening.  It looks like somebody tried to warn drivers.

Car flys off Thruway into the woods

By Howard B. Owens

Reports are coming in that a vehicle flew off the Thurway at mile marker 400 and landed about 50 or 60 feet into the woods.

No serious injuries are reported. There were two people in the vehicle.

Initial reports said chain saws would be required to cut trees away to get the people out of the car, but that turned out not to be the case. However, the tow company that will extricate the car may need chain saws, according to reports.

State Police are walking the driver and passenger out of the woods now.

UPDATE: No injuries reported.

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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