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Election night at 400 Towers

By Howard B. Owens

Everybody was in good spirits when  I stopped by 400 Towers this evening, just as the annual bake sale was wrapping up.

Should Politicians participate in blog sites like TheBatavian?

By Charlie Mallow

 To tell you the truth, I have been toying with this question for some time. I have spent some time and bent some ears asking this question and I still don't have a clear answer. This question is perhaps more complex than I thought which has lead me to a few underlying questions. The answer revolves around anonymity, openness and the trouble with confidentiality. Let me try to explain my thinking.

For most bloggers or participates in a site like TheBatavian, anonymity isn’t an issue. Even if you were to use your real name, you’re still basically anonymous. Ask yourself how many people know you and if they do know you are those people unaware of your political leanings, or outlook on life? Political figures have no such anonymity. On top of this there is also a general feeling of negativity towards anyone holding public office. I personally have been attacked several times on this site by people who disagree with my viewpoints and at times told that I shouldn't have the right to post at all. I find those to be among the most UN-American suggestions I have ever heard. I would think that people would want to hear what their elected officials think, whether they disagreed or not. Some might say it is a duty of every elected official to respond to any question asked.

Another part of this question is openness and why elected people would fear it in the first place. The fear for an elected person is that every time you offer an opinion someone will most certainly disagree with it and you will have one less vote come election time. Maybe they are right, if politics is a game being used to "play up to the crowd" or manipulate people. I think for the most part, a game is what politics has become in this country. Lies and deceit, playing up to the crowd and goading the other guy are now common place in politics. Our state is not in trouble because of Republicans or Democrats; it has more to do with the system that is now in place. This hurts us when tough decisions need to be made. Instead of working as a team, the party that is not in power plays politics to the detriment of the entire state. Personal gain and power is the driving factor in all of it. The attitude is, if your party is not in power, than to hell with the state or the country. That's the political mantra of our country. 

I wonder what politics would be like in our country without political parties? Without anyone to do you’re thinking for you, would people have to dig deeper into issues and have a better understanding before they took a side? Without political parties would politicians have to get their own message out without having a mob of blind followers to spin it for them?  Could future politicians survive without the shield a political party offers? If this took place, wouldn’t all politicians have to turn to the web and blogs? Isn't that the type of system we should be striving for to run our country? Isn't that "The more perfect union" we have been looking for? The answer is, we are not there yet but, we can not achieve the goal without people taking the first steps to "real" open government.

Small towns across the country finding it hard to fill ballot on election day

By Howard B. Owens

If you're disappointed to find many races in Genesee County with only a single candidate, many voters in rural communities across the country are having the same reaction.

In fact, Genesee County may be among the fortunate to have candidates for all of its seats at all, according to a report in the Los Angeles Times.

State officials and political scientists say finding candidates has always been a problem for small towns and rural communities, but the recession has made it particularly tough this year.

"It's a very scary time out there, economically. They're under the gun with their own finances, let alone being responsible for their town's financial health," said Marty Newell, chief operating officer for the Center for Rural Strategies, a Kentucky-based advocacy group.

...

Being a local politician, even in tiny towns, is not an easy job. The pay is low, the hours long and the complaints loud.

The most interesting anecdote is about the mayor of one small town who has never actually run for office. From his first election in 1987, he's been a write-in winner.

Dofner, a fire department engineer and diesel engine mechanic, had just gotten home from work when his phone started ringing with congratulatory calls.

"I thought it was a mistake," said Dofner, now 63. "Then, I thought it was a joke."

...

The town held an election. No one ran for mayor, so the residents wrote in Dofner's name again. And again. He expects to be reelected by write-in vote today for a 12th term.

He said he'll take the job.

"I can't say no. I can't leave my community in a lurch," Dofner said. "It's just not right. A town needs a mayor."

(via the Rural Blog)

Election coverage tonight

By Howard B. Owens

The Batavian's election coverage will start some time around 8 p.m..  We'll spend time during the evening at both Republican and Democratic headquarters and plan to stop by 400 Towers and anyplace else we hear there's election-related activity.

We will post results as soon as they are available.

WBTA will be on the air with election coverage at 9 p.m.. The Batavian and WBTA1490.com will provide live online streams of WBTA's on-air coverage.

Police Beat: Alden man charged with unlawful imprisonment in Darien

By Howard B. Owens

James M. Kulik, 19, of Alden, is charged with assault in the third degree, unlawful imprisonment, criminal mischief and harassment. Alden was arrested by State Police in Darien at 6:10 p.m. yesterday. He was jailed on a cash bail. No further details were released.

Kyle Earl Viehdeffer, 21, of 114 Bank Street, Lower/Front, is charged aggravated unlicensed operation of a vehicle. Viehdeffer was turned over to the Sheriff's Office on a bench warrant issued out of the Town of Batavia Court. Viehdeffer was released on $200 bail.

Juan Alberto Ramos, 19, of 110 E. 177th St., Apt. 2E, Bronx, is charged with trespass. Ramos allegedly entered College Village without appropriately signing in with security.

Christopher Patrick Ball, 27, of 4902 Route 63, Batavia, is charged with aggravated harassment. Ball allegedly called a woman's cell phone numerous times, causing an annoyance. Justice Tom Williams issued an order of protection.

Child's death confirmed case of H1N1

By Howard B. Owens

A boy whose death Oct. 22 shocked the communities of Pembroke and Corfu is a confirmed case of H1N1, according to Randy Garney, interim director of the County Health Department.

In a news release this morning, the health department said it would not identify the boy, but when we spoke to Garney, he said the death was the same one as a boy who died in Erie County.

That boy has been previously identified as Jared Peters, child of Timothy and Linda Peters.

Meanwhile, the county has begun receiving supplies of the H1N1 vaccine and is scheduling clinics as doses become available.

The priority group for vaccination include pregnant women, caregivers for infants 6-months and younger, health care and emergency medical personnel, people from 6-months to 24-years of age, and people over 25 with health conditions associated with a higher risk of complications from the flu.

UPDATE 1:15 p.m.: Randy Garney asks that we clarify that he did not explicity provide the name Jared Peters.

Today's Deals: Blue Pearl Yoga, South Main, Vintage and Vogue and more

By Howard B. Owens

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $9.

Blue Pearl Yoga, 200 E. Main St., Batavia, N.Y.: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week  session (one class per week), which is a $56 value, for $28.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

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

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

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Winter teas, spices and fall colors for your home in stunning floral arrangements and seasonal wreaths are now available at Herbly Wonderful. We have a $25 gift certificate for $11.

Vintage and Vogue Inspirations, 36 Main St., Le Roy, NY: Just the kind of store to help make your home more warm and inviting. Handcrafted items, including quilts, candles and quality antiques. We have a $25 gift certificate for $12.50.

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

SOLD OUT

Report of person struck by train may have been pumpkin prank

By Howard B. Owens

There is a report of a pedestrian being struck by a train in the Bergen area.

Firefighters from Bergen are heading to Route 19 and the railroad crossing, as well as Townline Road and the old Buffalo Road crossing.

There is also some chatter on the scanner about kids throwing pumpkins.

Churchville fire officials have checked their side of the tracks and now Genesee County deputies and State Police are checking the Genesee County side of the tracks.

UPDATE 9:18 p.m.: The train is stopped at the county line. Train personnel are checking the area.  According to the train operator, there was a subject wearing a red shirt in proximity to the track.

UPDATE 9:20 p.m.:  There is pumpkin residue on the front of the train.  So far, two reports of areas checked on both sides of the track are clear.

UPDATE 9:36 p.m.: More reports of clear tracks. The training being advanced from the crossing.  EMS personnel have been put back in service.


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Re-elect Kermit Arrington Le Roy Town Justice

By Kermit Arrington

My name is  Kermit Arrington.  I am running for my 6th term as Le Roy Town Justice. I am a lifelong LeRoyan and have dedicated 56 years to LeRoy municipal government. After graduating from LeRoy High School I served in WWII in the 758th 64th Tank Division and also did a stint in the military police.  I spent 34 years working at the Le Roy department of Public Works supervising that department the last 20 years of my career.  After retiring I was hired as a special investigator for Jones Chemical where I worked for ten years. 

In 1989 I was given the  award of Le Royan of the Year.  I am very proud of this achievement and have served on the steering committee to seek and elevate this prestigious award.  I have spent my life dedicated to sports in Le Roy; umpiring and refereeing baseball and football from the Little League and Tyro , through the high school  and college level. For many years I was the quarterback of the semi-pro All Le Roy football team The safety and well being of our youth have always been a deep concern of mine.  I am a lifelong member of the Excelsior Hook and Ladder and  volunteer fire department where I served as Foreman for a term.  My other associations include Rochester Football Officials Assoc., WNY District Umpires Assoc., WNY Superintendent Assoc. , American Water Works Assoc.

My service as the LeRoy Town Justice began over 20 years ago when I won my first election to the bench.  I hear almost 1600 cases per year. The Le Roy Town Court is self supporting and brings in revenue to offset the town budget.  As a sitting judge, I look at both sides of each case as the Constitution requires.  I  consider myself to be fair and above reproach.  I am a member in good standing of the Genesee County Magistrates Association and the American Judges Association. 

With your support I will continue to see to it that justice is served in the Le Roy court.

Kermit Arrington

Trial begins for woman accused of sexually abusing two-year-old

By Howard B. Owens

A jury was picked today in the criminal trial of Jennifer L. Ferguson, charged with sexual abuse in the first degree.

The 30-year-old Batavia resident  is accused of sexually touching a two-year-old that she was babysitting on Nov. 23. She was arrested in December.

District Attorney Lawrence Friedman said he will start his presentation to the jury on Wednesday, and expects jury deliberation to begin on Thursday.

If convicted, Ferguson could be sentenced to up to seven years in state prison.

There is no court tomorrow because it is a state holiday -- election day.

Fire alarm at Tops in Le Roy

By Howard B. Owens

Le Roy Fire is being dispatched to Tops Market, 128 W. Main St., for a general fire alarm.

UPDATE 12:46 p.m.: First responder, "Nothing showing."

UPDATE 12:48 p.m: Alarm company confirms, unintentional activation during maintenance.


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Alexander water now safe to drink without boiling

By Howard B. Owens

Residents in the Village of Alexander no longer need to boil water to make it potable.

The boil order for the Village and along Route 98 to Attica was lifted this morning.

The order had been in affect for several days.

(via WBTA)

Smoke detector on Treadeasy is false alarm

By Howard B. Owens

City Fire is responding to 1 Treadeasy, the P.W. Minor plant, where a smoke detector has been activated.

We now hear, it's a false alarm.

Police Beat: Minor accident leads to drug and alcohol charges

By Howard B. Owens

Patrick L. Gugliuzza, 30, of 94 Exchange St., Attica, is charged with DWI, criminal possession of a controlled substance and following too closely. Deputies were in the area of 104435 Route 98 in Alexander investigating a motor-vehicle accident. The deputies received a report of a minor property-damage accident on southbound Route 98 near the accident scene. Upon investigation of that accident, Deputy J.M. Graff concluded that Gugliuzza was allegedly driving while intoxicated. Further investigation allegedly revealed that Gugliuzza had a small quantity of heroin. His passenger, Brandon Eck, 29, of 51 Bunnel St., Attica, was also charged with criminal possession of a controlled substance, criminal possession of a hypodermic instrument and unlawful possession marijuana.

Keith A. Finan, 44, of 10501 Bonnie Brae Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no-passing zone. Finan was reportedly stopped on Bonnie Brae Drive in Darien on Friday. The investigation was conducted by Deputy Jason Saile.

William Daniel Nix, 48, of 55 Riverview Drive, Rochester, is charged with criminal mischief, harassment and disorderly conduct. Nix is accused of causing a disturbance at 48 Deli Express at 8204 Park Road. Nix was reportedly using foul language and was asked to leave. Nix allegedly continued to use foul language and got involved in a physical struggle with a clerk, tearing his shirt.

Ariana M. Busch, 19, of 10876 Bowen Road, Attica, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Busch was arrested following a traffic stop on Route 20 in Darien at 2:25 a.m. on Saturday.

Dylan C. Miller, 21, of 3883 Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .08 or greater, driving an unregistered car and failure to yield right-of-way. Miller was stopped by Officer T.S. Mart on Oak Street at 2:18 a.m. on Saturday.

Brian L. Smith, 47, of 8655 Jones Road, Houston, Texas, is charged with DWI and driving with improper tail lamps. Smith was stopped by Officer Dan Coffey at 1:05 a.m. on Sunda. Smith was jailed on $1,000 bail.

Scott D. Kingdon, 43, of 6243 Sparks Road, Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Kingdon was reportedly involved in a verbal argument with a friend. The friend called the Sheriff's Office and reported that Kingdon might be at her house. While Deputy Kevin McCarthy was checking the residence, Kingdon reportedly pulled into the driveway. McCarthy allegedly found Kingdon was driving while intoxicated.

Two teenagers, one from Alexander and another from Bethany, are charged with petit larceny for an alleged theft in Alexander. The original incident was reported to State Police on Sept. 15.

David H. Robinson, 45, of Corfu, and Amber M. Robinson, 40, of Batavia, are charged with identity theft. Amber is also charged with forgery of a public record. David and Amber were arrested by State Police at 3 p.m. on Thursday. No further information is available.

Today's Deals: Kravings, Alex's, Delavan's, Adam Miller and more

By Howard B. Owens

T.F. Brown's, at 214 E. Main St., Batavia, NY: 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. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $9.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Re-elect Hollis Upson For County Legislator

By Hollis Upson

My name is Hollis Upson and I have lived in the City of Batavia my entire life. I have been married to my wife Joy for 25 years. I have a B.S. degree in Business Administration from Gettysburg College and have been involved with many civic groups and community boards over the years. These include Rotary, City Planning board, County Planning Board, YMCA Board, City Charter Review Commission, and the County Youth Board.

As the operator of a third generation, family owned business, I personally understand the struggles facing small businesses in today’s economy and how hard it is to create and preserve jobs in New York State.

I was first appointed to serve on the County Legislature in 2001 and was elected to my first term in 2002. I have faced opponents in two previous elections.

As the legislative liaison to the Genesee County Economic Development Corporation, I have worked with GCEDC board to create and retain over 5,800 jobs since 2005. In addition, as the Vice-Chairman of the County Legislature, I have fought hard to reduce taxes for Batavia residents. The tax rate was lowered in 2006, 2007 and 2008. In fact, even in the current economic crisis, Genesee County has held the line on taxes for 2009. Most people are not aware that positions went unfilled and several county employees were laid off in January 2009. At our most recent budget meeting, it was agreed upon by the Legislature that we would hold the line again on taxes for 2010. I can assure you that I will not be voting for a County tax increase this coming year.

As the County and State face an even more difficult financial situation in the coming year, you may rest assured that I will be as diligent with your tax dollars as I am with my own finances. I feel I have the experience to help assist the City of Batavia and Genesee County through these troubling economic times.

I have greatly enjoyed the discussions and questions during the recent campaign as I have walked the neighborhoods in the district.

I would appreciate your support and continued confidence in this effort as I seek re-election as your representative in the 8th Legislative District (Wards 2 and 3) in the City of Batavia. My experience and dedication to the City and County will serve you well.

Best regards,

Hollis D. Upson

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