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Sponsored Post: Genesee Symphony Orchestra's Summer Serenade is August 19, get your ticket today

By Lisa Ace

The third annual Summer Serenade is a combined fund-raising event for the United Way's Backpack Program and the Genesee Symphony Orchestra.
 
The Garden Party will be held Sunday, Aug. 19th, from 3:30-6:30 p.m. at the Mercy Grove Event Center, 7758 E. Main Road (Route 5) in Le Roy.
 
During the three-hour Garden Party, guests can enjoy hors-d'oeuvres, grazing stations, beer, wine, and a cash bar, all catered by the Le Roy Country Club. 
 
The Genesee Symphony Orchestra will play a concert from 4:45 to 5:30 p.m. under a large white tent, which is set up off the back patio of Mercy Grove. The stately mansion was built by Donald Woodward in 1927 and sets amid beautifully landscaped grounds with expansive views.
 
Le Roy Historian Lynne Belluscio will conduct mansion tours during the Garden Party.
 
Bright-colored, garden-party attire recommended.
 
The orchestra will feature "Summer Songs" with their Concertmaster. Kiran Rajamani is the featured violin soloist. Some other musical surprises will also be played.
 
Theresa DeMars, an account manager with Lawley Insurance, chairs the event for United Way.
 
Tickets to support this combined fundraiser are $75 per person; $40 of that ticket cost may be claimed as a donation to these two nonprofit organizations.  
 
Tickets may be purchased at the door or as follows:
  1. Le Roy Country Club
  2. Roxy's Music Store
  3. United Way or GSO Board Members
  4. Online at: www.uwrochester.org/summer serenade
  5. www.geneseesymphony.com
We hope to see all of our wonderful United Way and GSO supporters at Summer Serenade lll next Sunday!

Photos: Sunday morning in Genesee County

By Howard B. Owens

It was a beautiful morning in Genesee County on my drive back from the fire in Le Roy.

The field and mist above is off of Circular Hill Road near the fire scene, and below a horse on a property off of Transit Road in Stafford, next door to where I stopped for a barn sale.

Working structure fire reported on Wilcox Road, Le Roy

By Billie Owens

A structure fire is reported at 8010 Wilcox Road, Le Roy. Le Roy Fire Department is responding along with mutual aid from Pavilion, Bergen, Stafford and the City of Batavia. National Grid is called to the scene, as well as an ambulance from Caledonia. The location is off of Circular Hill Road.

UPDATE 6:30 a.m.: An engine and Fast Team from Mumford are also called in.

UPDATE 6:40 a.m.: A tanker from York is responding.

UPDATE 6:43 a.m.: Town of Batavia Fire Department is asked to stand by in its hall for Stafford Fire Department.

UPDATE 6:54 a.m.: Fire is knocked down; checking for extensions. York told to continue non-emergency.

UPDATE 7 a.m.: Le Roy's auxiliary is requested to the scene.

UPDATE 7:06 a.m.: One engine from Avon is requested to fill in at Le Roy's fire hall.

UPDATE 7:07 a.m.: A Le Roy engine at the scene is being rerouted to the Dunkin' Donuts shop on West Main Street, Le Roy, for the odor of something electrical burning inside a refrigeration unit there.

UPDATE 7:13 a.m.: An electrical problem in a bathroom is thought to have caused the fire on Wilcox Road, which damaged the bathroom. There is smoke and water damage in the house.

UPDATE 7:19 a.m.: The fill in for Le Roy from Avon is canceled; York at the scene will be the fill-in instead.

UPDATE 7:24 a.m.: The Dunkin' Donuts refrigeration unit is deemed to have a faulty motor, which has been disconnected. Le Roy's engine is returning to the Wilcox Road incident, and most of the mutual aid responders are put back in service.

UPDATE 7:42 a.m.: Command says Red Cross assistance will be needed for one adult and two dogs who lived in the home.

Report of trees on fire in Alabama

By Howard B. Owens

Trees on reportedly on fire on Knowlesville Road just north of Lewiston Road, Alabama.

Alabama fire and Oakfield fire dispatched.

UPDATE 1:08 a.m.: Units can respond non-emergency.

UPDATE 1:11 a.m.: It's a brush pile.

McMurray calls for Collins to resign

By Howard B. Owens

Press release:

Chris Collins’ decision to suspend his campaign is good news for New York State and good news for America. This will be a trying time for him and his family but the era of corruption he represents must come to an end.

"This tragic tale is yet another example of how a corrupt party machine has consistently betrayed the people of the 27th Congressional District," Democratic congressional candidate Nate McMurray said today.

“It’s absolutely true that Chris Collins should not be running for this or any other seat, a fact that the local Republican Party knew full well when they endorsed and celebrated him while he was under investigation for securities fraud,” McMurray said.

“And now the same machine that relentlessly attacked me for daring to question Mr. Collins’ record is attempting to get rid of him while gaming the system in order to hold on to a seat they can no longer win,” McMurray said. “New Yorkers and Americans are sick of this kind of charade and they are right to be.

“And it is a continuing disgrace that both parties have not said, with one clear voice, 'resign, Mr. Collins, and do it today.’ Well, let me do it for them: Mr. Collins, a suspension is one thing but it is time for you to resign. Do it today.”

McMurray said that Collins’ arrest earlier this week on insider trading charges has brought attention to a race and a region previously overlooked by national media and political insiders.

“Pundits who a week ago couldn’t pronounce my name or tell the difference between Hamburg, New York and Hamburg, Germany are now laser-focused on this campaign,” McMurray said.

“But my focus has never wavered. I want to be an independent voice for the people who work two jobs and still struggle to meet their mortgage and their health care bills, the forgotten working and middle-class families who will pay the price for the tax cuts and insider deals that make Chris Collins and his friends rich. I know what it is to struggle, and I want to help others in their struggle as well.

“In a sense, the contest for the 27th has changed dramatically in the past few days but fundamentally the issues are the same,” McMurray said. “It’s still about breaking a failed system that serves itself and putting the power back in the hands of the people. That’s what I have stood for since Day 1, and that’s what I will stand for come January 1 in Washington, D.C.”

Police looking for vehicle involved in fatal hit-and-run on Sumner Road last night

By Howard B. Owens

An 18-year-old resident of Hinckley was struck and killed by a hit-and-run driver last night on Sumner Road in Darien, though his body was not discovered until late this morning.

At 12:30 a.m., the Sheriff's Office was notified by State Park Police that a member of a group of people staying at Darien Lakes State Park had not returned to the park from a concert at the Darien Lake Performing Arts Center.

Apparently, Connor Lynskey was on Sumner Road about 12:30 a.m. walking back to the group's campsite after Jason Aldean concert with a portion of the group he was camping with when he decided to run ahead and catch up with a friend.

After being notified that Lynskey was missing, deputies and troopers searched the roadways in the area but did not locate Lynskey. 

State Park Police conducted interviews this morning with members of the group and developed information that they might have heard a collision on Sumner Road while walking back to their campsite.

With the additional information, State Park Police and Deputy Richard Schildwaster were able to locate the victim.

He was pronounced dead at the scene by Coroner Karen Lang. His body was transported the Monroe County Medical Examiner's office for an autopsy.

There is no description available of the vehicle that hit Lynskey.

Anyone with information that may assist in the investigation is asked to call the Sheriff's Office at (585) 345-3000.

Assisting at the scene were the Darien Volunteer Fire Department, State Park Police, and State Police. The investigation is ongoing by Schildwaster, Investigator Chris Parker, the Crash Management Team, and Sgt. Jason Saile.

Porch fire reported on Prospect Avenue

By Howard B. Owens

A porch fire is reported at 5 Prospect Ave., Batavia.

The resident is reportedly trying to extinguish it.

City fire dispatched.

UPDATE 2:46 p.m.: Fire out, checking for extensions.

Concertgoer accused of head-butting deputy, breaking his nose

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Jason Aldean concert at Darien Lake Performing Arts Center on Friday:

Robert A. Maharrey, 23, of County Road 149, Oklona, Miss., is charged with assault on a police officer after head-butting a deputy in the face breaking the deputy's nose. Maharrey was arraigned in Darien Town Court and jailed in lieu of $25,000 bail. Additional charges are pending.

Fredrick C. M. Dugan, 22, of Ward Road, Wayland, is charged with criminal trespass, 3rd, after allegedly reentering Darien Lake property after being ejected and told not to return. Dugan was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Brycen A. Thoms, 21 of Valen Court, Wellend, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Thoms was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Travis R. Bennett, 26, of Ch Lariviere L’isle-Allumettes, Ontario Canada, is charged with criminal trespass, 3rd, after allegedly climbing over a fence to enter the concert venue. Bennett was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Stephen T. Imposimato, 21, of Whispering Hill Road, Woburn, Mass., is charged with criminal mischief, 4th, after allegedly smashing a window of another person’s car. Imposimato was arraigned in Darien Court and jailed in lieu of $250 bail.

Alexander C. Schweitzer, 21, of Towers Boulevard, Cheektowaga, is charged with criminal trespass, 3rd, after allegedly entering the concert venue through a back gate without permission. Schweitzer was arraigned in Darien Court and jailed in lieu of $250 bail.

Arthur J. Baker, 53, of Sparks Road, Arcade, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Marcus J. Haefner, 25, of Middle Road, Rush, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Shauna C. Lennon, 26, of Klemer Street, North Tonawanda, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Tyler S. Stroud, 22, of South Maple Street, Warsaw, is charged with trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Antonio M. Donoso, 25, of Victor Drive, Rochester, is charged with trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Jacob H. Tillotson, 18, of Walker Road, Pavilion, is charged with criminal trespass, 3rd, after allegedly jumping a fence to enter the concert venue.

Wes S. Snyder, 31, of Kendall Road, Holley, is charged with harassment, 2nd, after allegedly pushing a Live Nation medic several times.

Brady F. Metcalf, 19, of Shelly Road, Livonia, is charged with disorderly conduct after allegedly punching another patron in the face while exiting the concert.

Aaron T. Mills, 26, of Elm Street, Canisteo, is charged with disorderly conduct after allegedly pushing another patron while exiting the concert venue.

Area Democrats call on Collins to resign, call process of removing him from ballot 'corrupt'

By Howard B. Owens

Press release:

Democratic leaders called on Rep. Chris Collins (NY 27) to resign immediately, in the wake of his announcement that he was suspending his reelection campaign. They also decried the corrupt process of suddenly removing him from the ballot, long after the deadline for changing the ballot had come and gone.

Once again, the Republican establishment of NY 27 is making the interests of the voters play second fiddle to the desires of their own party to retain a stranglehold on power, no matter what. Jamie Romeo, Monroe County Democratic Chair, noted that "Chris Collins has been under an ethical cloud for over a year -- under a congressional ethics investigation -- but the Republican leaders thought it was just fine to have him on the ballot until a few days ago. It's only when they figured out that this seat was in jeopardy that they decided Chris Collins had to go."

Judith Hunter, the Livingston County Democratic chair, said "Republican bosses are absolutely taking the voters of NY 27 for granted again. The federal ballot is set; at least one county in the district has already printed them. But these arrogant power brokers think this seat is theirs to play with and have come up with a corrupt, legalistic sleight of hand without any input from the voters of NY 27. It's shameful."

Michael Plitt, the Genesee County Democratic chair, asked the obvious questions: "If Chris Collins' arrest is serious enough to make him suspend his campaign, why isn't it serious enough to make him resign? We're going to be saddled with a lame duck representative under criminal indictment who has been stripped of his committee assignment and any power in Congress, for what? His arrogant ego? It's a disgrace."

Michelle Schoeneman, of East Aurora, founder of Citizens Against Collins, says she is absolutely outraged: "The arrogance of Chris Collins insisting he is going to serve his term out is beyond belief. And the arrogance of the Republican bosses thinking they can just wave a magic wand and replace him on the ballot is equally outrageous."

"We Democrats are fortunate to have Nate McMurray as our candidate for NY 27," said Jeanne Crane, the Democratic chair of Orleans County. "We know he's going to put the interests of the voters first, whatever he does. He cares about the hard-working middle-class people of this district need, not what shady power brokers want."

Candidates lining up to replace Collins on ballot after he drops out of the race

By Howard B. Owens

The tweet that changed the complexion of the NY-27 congressional race had barely reached all of the followers of @repchriscollins before Republicans with aspirations to serve in Congress started declaring their interest in replacing Rep. Chris Collins on the GOP line of the November ballot.

Dick Siebert, chair of the GOP in Genesee County, said he's already heard from three candidates, including two from Batavia -- Steve Hawley and David Bellavia.

It will be up to the county chairs in the NY-27 -- given that the primary season is already past and it's less than three months to Election Day -- to pick whose name goes on the R line instead of Collins.

That is if a legal way can be found to get the incumbent's name off the ballot. Possibilities include, or so we are told, finding another elected office to appoint Collins to, such as a judgeship, or having Collins declare permanent residency in Florida.

"My reaction?" Siebert said when asked for his reaction to Collins suspending his campaign. "I was relieved that he did it. It was the right thing to do."

This morning, well before Collins announced he was getting out of the race, The Batavian interviewed Michael Caputo, a GOP political consultant from Buffalo and a close ally of President Donald Trump. Caputo talked at length about all the ways Collins staying in the race harmed Republicans and threatened the very survival of Trump's presidency.

"The scandal and prosecution are in small but profound ways a bad reflection on the president," Caputo said. "I don't think Chris Collins will ever darken the doorstep of the Oval Office again."

The president, Caputo said, learned a powerful lesson when he looked past allegations against Judge Roy Moore in the run-up to his Alabama Senate race about the Republican candidate's reputation for chasing teenage girls. 

Caputo said the closer he gets to Collins at this point, the greater the risk it will blow back in his face and he doesn't want a repeat of the Roy Moore fiasco.

"The president is inclined to look past mere partisan allegations because he weathers so many of those himself, but this 30-page indictment of the wealthy trying to preserve their wealth, it's a terrible look in the New York 27th, where the vast majority of voters are low to middle class on the economic scale," Caputo said.

It was Caputo who first introduced Trump to Collins in 2014 when Trump was considering a run for governor. Collins endeared himself to Trump during the 2016 campaign by being such a strong defender of Trump in television appearances but all that goodwill evaporated when Collins was arrested.

Then Collins became a liability, both because of the perception of his close proximity to the president, and because there is a recognizable danger of Republicans losing control of the House in the midterms.

"It may boil down to one or two seats," Caputo said before we knew Collins was dropping out of the race. "It may boil down to Nate McMurray and Chris Collins. If we lose control of the house, there will be impeachment proceedings, no doubt about it."

In an analysis of data about scandal-plagued incumbents running for reelection, the political prognostication site 538 gives Collins a slender 2 or 3 percentage point chance of winning the election in November.

With the race potentially cut down to a margin of two or three points, Caputo thought it would be a hard race for Collins to win without an energized base. He was already seeing rank-and-file party leadership peeling away from Collins since his arrest.

Collins would not be able to run an effective campaign without squarely addressing the allegations, which at his Wednesday press conference he was unwilling to do, Caputo said. Every time he appeared in public, the press would be there and the lasting image, if Collins wouldn't answer questions, would be of him running away from reporters.

And his own supporters wouldn't have been willing to defend him, then, in their neighbor-to-neighbor conversations.

"One by one, they (would) drop away and in the end, he (wouldn't) have the people to mount an effective get-out-the-vote effort," Caputo said.

That is the kind of tough-love analysis Collins probably heeded when he said in his withdrawal statement, "After extensive discussions with my family and my friends over the last few days, I have decided that it is in the best interests of the constituents of NY-27, the Republican Party and President Trump’s agenda for me to suspend my campaign for reelection to Congress."

The process for picking GOP congressional candidates for the GLOW region is heavily weighted toward Erie County and that process over the past decades has given us: Tom Reynolds, who retired under a cloud of scandals involving Rep. Mark Foley and the treasurer of National Republican Congressional Committee while Reynolds was chair; Chris Lee, who resigned after he was reportedly trolling for transgender women on Craigslist; and now, Chris Collins, accused of insider trading.

It's too soon to know if there are other GLOW-based candidates who might be interested in the seat beside Hawley and Bellavia, but there are Hawley and Bellavia. 

Steve Hawley, a six-term member of the state Assembly, was born and raised in Batavia, is a farmer, local business owner and was a member of the Ohio Army National Guard and the United States Army Reserves.

"Collins has suspended his campaign, whatever that means, but it's not clear if that means his name stays on the ballot or there may be some way to get his name off the ballot," Hawley said. "If that were to occur, I am proud to continue serving and helping people at any level of government and this is something I will look at if it comes up and certainly make a strong push for it."

David Bellavia was born and raised in Buffalo but is a longtime resident of Batavia. He is an American Iraq War veteran who was awarded the Silver Star for his actions during the Second Battle of Fallujah, along with other military awards and honors. He is currently a talk show cohost on WBEN. He lost a 2012 primary race to Collins, though he beat Collins in every county but Erie and Niagara.

"This is something I've dedicated 10 years of my life to doing," Bellavia said. "I'm committed myself since 2012  to correct my deficiencies in Erie and Niagara counties. I'm ready to run."

Previously:

Chris Collins suspends campaign for Congress

By Howard B. Owens

Rep. Chris Collins announced this morning that he has dropped out of the race for the NY-27 congressional seat.

“After extensive discussions with my family and my friends over the last few days, I have decided that it is in the best interest of the constituents of NY-27, the Republican Party and President Trump’s agenda for me to suspend my campaign for reelection to Congress,” he wrote in a statement posted on his official Twitter account.

Collins was arrested Wednesday morning on federal charges of securities fraud, wire fraud, and lying to the FBI.

UPDATE: The congressman's press office just issued this statement:

"Democrats are laser-focused on taking back the House, electing Nancy Pelosi Speaker and then launching impeachment proceedings against President Trump. They would like nothing more than to elect an 'Impeach Trump' Democrat in this District, which is something that neither our country or my party can afford.  

After extensive discussions with my family and my friends over the last few days, I have decided that it is in the best interests of the constituents of NY-27, the Republican Party and President Trump’s agenda for me to suspend my campaign for reelection to Congress.  

I will fill out the remaining few months of my term to assure that our community maintains its vote in Congress to support President Trump’s agenda to create jobs, eliminate regulations, reduce the size of government, address immigration and lower taxes.

I will also continue to fight the meritless charges brought against me and I look forward to having my good name cleared of any wrongdoing.”

Car wash at Empire Tractor, Batavia

By Steve Ognibene

Some member of the Batavia cross-country team are looking for vehicles to wash for their fundraiser from 10 a.m. to 2 .pm., today at Empire Tractor 5072 E. Main St. Road, Batavia.

Proceeds will help support the team's New York City trip.

Ellicott Station keeps inching toward construction

By Howard B. Owens

Yes, the Ellicott Station project is proceeding slowly, but it is proceeding.

Last night, Savarino Companies sought County Planning backing for a special use and site plan review, two formalities before they can start construction on the mixed-use complex that will include a brewery, apartments and office space.

"This might be one of the more complicated projects I ever work on in my lifetime because New Market Tax Credits are involved and the New Markets just haven’t really been paired with HCR money before," said Courtney Cox, development associate with Savarino. "We might be like the second case ever, so the legal teams are just trying to figure out how they want to make this work."

The New Market Tax credit is a mechanism that enables Savarino to secure private financial support for a bulk of the project's $17.6 million price tag. The New Market Tax Credit program, was created about two decades ago, in part to replace grants that financed many failed urban renewal programs. Tax credits on the project can be sold as assets to help create a market-driven way to encourage development in economically distressed neighborhoods. 

HCR is Homes and Community Renewal, a state agency that provides funding for housing in financially depressed neighborhoods.

These two financial programs are not commonly brought together and they have different criteria that developers must meet. HCR has a 30-year compliance period and New Markets has a seven-year period with a requirement to refinance after seven years, as one example of the complications that need to be worked out.

Still, Cox still estimates financing will close in this month or nextl, thereby allowing contractors to get a shovel in the ground before the first freeze. If crews can get the site cleared and foundations built before winter, then workers can put up steel and start working on walls.

The entire construction cycle, however, is estimated to be 24 months.

Despite these delays, the anchor tenant, Resurgence Brewing in Buffalo is patient, Cox said.

"They understand," he said. "We renegotiated some of the terms of the lease pretty easily between the two parties, so they're are hanging in there."

One of the biggest changes in the site plan is the apartment complex, which will now include 55 apartment units instead of 51.

That's a change needed to comply with HCR requirements.

"These programs all have design guidelines," Cox said. "There is a limit on how large one-bedroom, two-bedroom, three-bedroom units can be. In the original plan, the one-bedroom units were larger than what they allow, so we had to downsize."

The one-bedroom apartments will be about 785 square feet.

"They’re not tiny units by any means," Cox said. "I think it's just being efficient with space that public money is being invested into."

Even though no ground has been broken yet, Rachel Tabelski, director of the Batavia Development Corp., said Ellicott Station remains one of the state's ground-breaking projects.

"This is the first brownfield opportunity area -- they have these all over the state -- but this is the first one that is actually close to putting a shovel in the ground," Tabelski said. "So across the state, we are the poster child for having a developer come in and commit to this site and prove that the brownfield opportunity area works."

The success in getting the project this far has put Batavia on the map with investors looking to finance similar projects.

"This project is a catalyst," Tabelski said. "Everybody wants to know what’s going on. They’re calling us out of Manhattan now asking are there deals here they can play. That’s a huge testament to how big this is."

Grand Jury Report: Man accused of arson and attempted murder in Maple Street fire

By Billie Owens

Plush Dozier, AKA Plush Kevin Dozier, is indicted for the crime of first-degree arson, a Class A-1 felony. It is alleged that on the night of June 15 or the early morning of June 16 that he intentionally damaged a building -- a residence on Maple Street in the City of Batavia -- by causing a fire. This fire caused serious physical injury to another person, who was present and not a participant in the crime, and the defendant allegedly knew the person's presence inside the residence was a reasonable possibility. In count two, Dozier is accused of second-degree attempted murder, a Class B felony. It is alleged in count two that at the time of the crime, Dozier acted with intent to commit murder in the second degree -- to intentionally cause the death of another person -- and engaged in conduct to that end.

Torrence C. Greene is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 2 in the City of Batavia that Greene knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of the same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing cocaine that had an aggregate weight of one-half ounce or more.

Michael J. Mawn is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 14 in the Town of Stafford that Mawn drove a 2000 Jeep Cherokee on Route 33 knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he did so while under the influence of alcohol. In count two, he is accused of DWI, as a misdemeanor, for allegedly driving while intoxicated on that day. In count three, Mawn is accused of driving while ability impaired by alcohol for allegedly driving that day while his ability to do so was impaired by the consumption of alcohol. In count four, he is accused of speeding, a vehicle and traffic law infraction, for allegedly driving in excess of the 55-mph speed limit. In Special Information filed by the District Attorney's Office, Mawn is accused of having been convicted of DWI, as a misdemeanor, on Jan. 7, 2005, in Monroe County Court and that conviction forms the basis for the suspended or revoked license referred to in count one. It further states that Mawn knew or should have known that his license was revoked because of the conviction and the revocation was still in effect when he committed the crimes alleged in the current indictment.

Gary D. Burney is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that Burney was released from custody or allowed to remain at liberty by court order, either upon bail or his own recognizance, upon condition he would subsequently personally appear in Genesee County Court in connection with a felony charge against him. He failed to appear on Jan. 9 or voluntarily within 30 days thereafter, hence the indictment.

For area GOP chairs, uncertainty hangs over NY-27 race after arrest of Chris Collins

By Howard B. Owens

On a personal level, the insider trading charges against Rep. Chris Collins are disappointing, said Richard Siebert, chairman of the Genesee County GOP, but it will be up to members of his committee to decide how local Republican leadership should respond to the allegations.

He said the executive committee will meet Aug. 20 to discuss their options, which would include everything from standing by there man or asking him to resign.

The case against Collins, Siebert conceded, looks pretty strong but he also believes that in this country, we support the rule of law and a person is innocent until proven guilty.

He understands, though, not all voters are going to see it that way and that could make it hard for Collins to get out in the district over the next three months and battle for re-election.

"It's a tough situation to campaign in with this hanging over your head," Siebert said. "The people in Genesee County are tough people and they don't like scandals and they don't like to feel betrayed so I wouldn't want to be in his shoes right now."

Ellen Grant, chair of the GOP in Wyoming County, said she is also waiting to see how things play out, with a similar belief in America's justice system but recognizing the case presented by federal prosecutors doesn't look good for the incumbent congressman.

"I was very surprised and very dismayed by the news," Grant said. "It seemed like a strong case that was put forth in New York City. I listened to the timelines they presented and the other information but I also understand people have an opportunity to rebut and refute and that everyone is innocent until proven guilty."

She understands, she said, that these charges were just filed and Collins has a lot on his plate but she was disappointed in his press conference in Buffalo on Wednesday. While he proclaimed his innocence, she noted, he provided no information that might convince constituents to believe him.

"I don't know when he might make any further statements beyond what he has said but I'm hopeful more information will come out to assure voters and the people in the party who are working for his re-election so he can continue to be our representative as a candidate and a congressman and do those jobs well."

As an elected official holding national office, Collins is in the public eye, she said, so "you have to prove your innocence instead of just proving you're not guilty to retain the public's confidence."

In Orleans County, GOP County Chair Ed Morgan said the future of the congressman is entirely up to him.

"My opinion, my stance is, we're in American and in America, you're innocent until proven guilty," Morgan said. "He's in the driver's seat. He can stay in the race if he wants. He is still our congressman and I will still back him and wait and take a deep breath and in a week (when his committee will meet) we'll see what our options are."

Morgan said he sees the legal issues faced by Collins as separate from his position and our congressional representative.

"This is not a congressional issue," Morgan said. "It's more of a legal issue. I think he's done a great job for the area and I think he would continue to do a great job. I'll keep an open mind. Our county is one of the smaller ones but one of the more heavily Republican ones."

The only other GOP county chair The Batavian tried to reach is Nick Langworthy from Erie County. We have placed calls yesterday and today and sent him a text message and have gotten no response.

Morgan also questioned the timing of the charges, just three months before an election, and wondered if they might be politically motivated (for the record, the prosecutor in the case is a Trump appointee) but Dick Siebert had a different take on the timing of events.

He wonders why Collins didn't alert the county chairs sooner about the pending investigation. The allegations stem from June 2017, months before Collins asked local party members to start passing around petitions for his candidacy (though it's hard to know when Collins became aware of the federal criminal investigation, he certainly knew as far back as April 25 and the news of his arrest caught everybody by surprise).

"If we had known before," Siebert said, "It would have given Chris a chance to explain himself before we decided whether to endorse him."

As for Siebert's own take on the allegations, he's been pretty unhappy since the news came out, he said.

"Right now from everything I've seen of the evidence, and what I watched of the proceeding when the charges were filed, there is no doubt about it, it's very disturbing," Siebert said. "It's very damning. This is not what you expect from a congressman or any elected official for that matter. In Genesee County, I'm proud of all the people we've helped get into office. We run clean campaigns. We've had no scandals in Genesee County in my 44 years and so I'm disappointed in our congressman."

Previously:

Dog stuck under foundation of house on Pike Road, Batavia

By Howard B. Owens

A dog was reportedly stuck under the foundation of a house at 3810 Pike Road, Batavia.

Town of Batavia fire responded and the dog was just extricated.

Apparently, some ground gave way near the foundation.

Animal Control was also dispatched.

City set to offer three-year contract to new manager on Monday

By Mike Pettinella

The Batavia City Council is prepared to extend a three-year contract to the new City Manager, with a starting salary of $110,000 and increasing by $2,000 annually afterward, at its Business Meeting on Monday.

According to an employment agreement posted on the City of Batavia website, the new manager's term of employment will commence on Oct. 15 and continue until Oct. 14, 2021, or until sooner terminated by the employer or employee subject to specified terms of the contract. The person's name was not included in the posted document.

Other perks include:

-- Retirement benefits through the NYS and Local Retirement System in step with other non-union City employees;
-- Medical insurance paid by the City for the new manager, "his spouse and his dependent children in accordance with the rules and requirements applicable to all other non-union employees of the City of Batavia.";
-- Three weeks vacation, plus accrued sick time, personal time or bereavement leave;
-- Reimbursement for city-related business expenses:
-- Relocation reimbursement of up to $10,000, verified by receipts;
-- Life insurance in step with other non-union City employees.

The contract also addresses suspension and termination, outside activities and performance evaluations.

The new hire will replace former manager Jason Molino, who left in January for a similar position for Tompkins County. Public Works Director Matt Worth has been handling the city manager responsibilities on an interim basis since Molino’s departure.

City Council President Eugene Jankowski said today that he had hoped the person's name would have been included in the document, but he was advised otherwise, citing a confidentiality agreement.

"I wanted to have that in there and I thought it would be in there, but I was told you can't release the name until the day of the meeting -- because of confidentiality -- until the person is ratified," Jankowski said. "When you walk in the door on Monday at 7 p.m., the agenda given to the public will have the name on it."

Jankowski said the new manager will not be able to attend due to a family wedding, but that a meet-and-greet is being set up for either Tuesday or Wednesday by video conferencing.

The Batavia Concert Band concluded its 94th season Wednesday in Centennial Park

By Howard B. Owens

Press release:

As part of the last concert, Dave Lumberg, owner of Tim Hortons, of Batavia, received the annual Pam Frisby Friend of the Band Award.  Pam was a longtime board member and president for the Batavia Concert Band, and the Band honors her memory every year with a Friend of the Band Award. 

Tim Hortons was recognized for their generous donation each season of baked goods for the concession stand, of which the proceeds are used to fund a scholarship program for college students who play in the Batavia Concert Band. 

Pictured is Dave Lumberg, a Tim Hortons Batavia franchise owner, Anne Arent, BCB Board member, and Jason Smith, BCB general manager.

Tim Hortons received a certificate for display in their restaurant, and their name will be engraved on a special plaque displayed at every concert. Tim Hortons also donated the prize award back to the Batavia Concert Band.

The Band also thanks GO ART!, WBTA, the City of Batavia, and Genesee Community College for their support of our entire season, as well as the following concert sponsors: The Zehler Family, Rotary Club of Batavia, HE Turner & Company Funeral Home, Batavia Lions Club, Bailey Electric, GCASA, The Insurance Center, UMMC, friends of Neil Hartwick, the Pacino family, Michael Kubinec D.D.S., and Brighton Securities.  

Thank you to all our audience members who faithfully attended each week, and plans are already underway for the 2019 season!

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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