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Car in ditch on Main Road, Pembroke

By Howard B. Owens

A one-car accident is reported in the area of 246 Main Road, Pembroke. 

The vehicle is in a ditch and is smoking.

Unknown injuries.

Pembroke fire and Indian Falls fire along with Mercy EMS dispatched.

UPDATE 12:22 p.m.: Subjects are out of the vehicle. The vehicle is no longer smoking.

Committee to recommend Cincinnati firm to conduct city manager search; cost set at around $26K

By Mike Pettinella

The City of Batavia's search committee that has been formed to fill the vacant city manager position is recommending that The Novak Consulting Group conduct the professional search at an approximate cost of $26,200.

The commitee, consisting of Council members Eugene Jankowski, Adam Tabelski and Robert Bialkowski along with HR Specialist Dawn Fairbanks, will be asking Council to consider the Cincinnati, Ohio, firm during Monday night's Conference Meeting at the City Centre's Council Board Room with the goal of the board casting a positive vote at a Special Business Meeting immediately afterward.

According to a memo from Fairbanks dated Feb. 21, the search commitee received seven responses from executive search services for the recruitment of a manager to replace Jason Molino, who resigned effective Jan. 29.

Fairbanks wrote that the committee narrowed the field down to three finalists, and each of those companies were interviewed via a conference call.

"After careful review, the Search Committee recommends The Novak Consulting Group for the search services ...," Fairbanks wrote.

The proposed contract calls for the City to pay $23,500 for Novak to "complete the city manager recruitment," with additional costs as follows: $1,000-$1,500 for advertising, $175-$300 per top finalist for background checks, and travel costs for finalists to attend interviews in the City.

The Novak Consulting Group was founded in 2009 by Julia D. Novak, whose resume lists 30 years of experience working with and for local governments. A consultant, trainer and facilitator, Novak's local government career includes positions in Fort Collins, Colo.; Lexington, Mass.; Rockville, Md,; and Rye, N.Y. (where she was the city manager).

She is a noted author and speaker on a variety of public administration management topics. Her staff includes consultants with decades of collective experience.

Details of the executive search contract's work plan for the City of Batavia, as provided by Novak, are as follows:

-- Develop candidate profile. Tasks include speaking with each member of City Council to learn individual expectations of each elected offical, in addition to discovering the shared goals for a new city manager -- utilizing focus groups and/or online surveys. From those meetings, etc., Novak promises to develop a tailored marketing and recruitment plan that includes New York, the region and the nation, preparing a position profile that is unique to Batavia. Also, the firm says it will develop first-year organizational goals for the successful candidate so he or she knows what will be expected.

-- Conduct active recruitment and screening. Tasks include conducting an advertising campaign -- using social media, phone and email contacts -- to identify and solicit potential candidates. After that is completed, the firm will market the position and identify qualified candidates for assessment, utilizing networks such as the International City/County Management Association, New York State City County Managers Association and other state and regional organizations pertinent to the recruiting process. The recruitment plan includes seeking candidates who are minorities, women and those who have worked in similar communities.

-- Support interviews and selection. Tasks include facilitating a customized, multistep interview process, which could consist of writing and role play exercises and/or a community reception. Novak will help arrange travel logistics for each candidate, and review candidates' strengths and backgrounds. The firm also is able to assist in salary negotiations.

The contract would be good for two years, with the guarantee that if the new hire leaves the position within two years time, Novak would conduct a new search for no professional fee. The City would then be responsible for billed direct expenses only.

Novak has assigned Catherine Tuck Parrish, who has conducted more than 100 searches for city manager/administrator jobs, and Jenn Reichelt, who has 16 years of experience in local government management, as the executive search practice leader and associate, respectively.

Other items on the Conference Meeting agenda include:

-- Public hearings for the budget ordinance; water rates, meter fees and capital improvement fees; establishing a user fee for the City Centre Mall, and amending the Business Improvement District Plan.

-- Creation of a full-time building maintenance worker and four part-time custodians as part of the City's Public Works Department to cover the operation and maintenance of the Mall concourse as a result of the City's agreement with the mall merchants association.

-- A resolution for an inter-municipal agreement with Genesee County for the City to pay 20 percent of the Genesee County Youth Bureau director's time spent providing administrative services for the City Youth Bureau.

Vehicle in the water off of Chick Road, Darien

By Howard B. Owens

A vehicle has reportedly gone off the road and is in the water at Chick Road and Attica Road, Darien.

Darien fire and Darien ambulance dispatched.

UPDATE 11:15 p.m.: The vehicle was unoccupied.

UPDATE 12:30 p.m., Sunday: There was a search of the area last night and this morning. The operator was eventually located, safe.

Republicans seek council person for the Town of Pavilion

By Billie Owens

Press release:

The Pavilion Republican Committee is seeking civic-minded individuals interested in serving as a Council Person for the Town of Pavilion. The term would start in 2019.

If you have questions or if you are interested in running, please send a letter of intent and resume to:

Town of Pavilion Republican Committee, c/o Kevin Clary, Box 28, Pavilion, NY 14525 or email kevron1@frontiernet.net

Pembroke preserves undefeated record in playoff game against Gananda

By Howard B. Owens

Pembroke remained one of three undefeated Class C basketball teams in the state Friday with a 67-58 win over Gananda in a Section V playoff game.

Jamil Marable scored 20 points, Reid Miano, 18, and Lucas Kohorst, 17. 

Pembroke is now 21-0 on the season.

Also on Friday night, in Class D, #4 ranked, lost to #5 ranked Avoca, 73-59.

In girls basketball, Batavia beat Geneva, 57-48. Pavilion beat Naples, 56-29.

Paolo Busti Cultural Foundation sponsoring St. Joseph's Table at Sunny's March 15, benefits scholarship fund

By Billie Owens

The Paolo Busti Cultural Foundation is doing a St. Joseph's Table at Sunny’s Restaurant at 5:30 p.m. on Thursday, March 15. A traditional meatless meal will be served. Profits will go to the foundation's high school senior Scholarship Fund. 

Cost is adults $20, children $5.

Tickets are available at Sunny's Restaurant in the Centre City mall, or from Paolo Busti board members.

According to Buffalo Folklore Etc., the St. Joseph's Table is a ritual meal done by Sicilians and Sicilian-Americans in fulfillment of a promise made to St. Joseph for his assistance in a time of family or personal crises. The Table is held on or as close to his feast day of March 19th as possible.

It is a very compelling and complex celebration with meaning for the people as a whole and even more specific meaning for the particular group or family celebrating the day.

The Table includes the altar with an image of Saint Joseph, flowers, candles, fruit and bread as well as the special meal of meatless dishes served at what is traditionally an open house at the home of the person/family giving the Table. The St. Joseph's Table tradition was brought to the United States by the late 19th and early 20th century Sicilian immigrants into Louisiana, Texas, California, Colorado and New York.

For more information about St. Joseph's Table, click here.

In 1992, the executive committee of the Paolo Busti Cultural Foundation published a 240-page book titled "The Legacy of Italian-Americans in Genesee County New York" (Heart of Lakes Publishing). Common terms, names and phrases are searchable online here, plus you can read this Google Book and download its contents (directions on how to do so are online), which publishers provide via Google's Library Project.

Judge calls man who beat and choked dog, attacked woman, a threat to society

By Howard B. Owens

Agreeing with the prosecution that Shawn M. Twardowski, 35, formerly of Bank Street, Batavia, is a threat to society, Judge Charles Zambito sentenced him to two-and-a-half to five years in prison.

Zambito expressed the hope that while in prison, Twardowski will take advantage of programs available to him to help him with his mental health issues and substance abuse problems.

"Until you address those issues, you need to be removed from society," Zambito said.

A year ago, Twardowski was arrested for strangling and punching a beagle, attacking a woman at that location, stealing and attempting to disable her mobile phone and then, upon police arrival, barricading himself in a bedroom. 

He previously pled guilty to a burglary charge after first undergoing a psychiatric evaluation.

Zambito expressed dismay that Twardowski thought it appropriate to attack the beagle and the woman merely because the woman allowed the dog to lick a bowl.

The judge said Twardowski's record goes back to 2005 and is filled with charges related to violence, resisting arrest and violating court orders.

His attorney, Michael Locicero, said he wasn't not making excuses for his client's behavior but offered up as mitigating circumstances for his behavior, years of untreated mental health issues, his substance abuse, and a recent diagnosis of Huntington's Disease.

Twardowski told Zambito he didn't wish to make a statement in court.

The sentence was the middle range between the minimum available to Zambito and the maximum possible sentence in the case.

City Schools superintendent addresses community concerns about school safety in letter sent home with students

By Howard B. Owens

If parents notice an increased police presence at Batavia City Schools, it's not in response to any specific threat, Superintendent Chris Dailey said today in a letter sent home with students after school.

"This is meant to be a positive and proactive step as our police department continues to look for ways to engage with our students in prevention and support," Dailey wrote.

The letter addresses heightened concern in the community about school safety after last week's shooting at Marjory Stoneman Douglas High School in Florida and reports of a student last week who officials believed made verbal threats at the BOCES campus.

The letter may be in response to numerous social media posts asking questions about more police officers on and around local campuses and unconfirmed rumors of threats made on social media specific to local schools.

"Our country is recovering from the tragedy in Parkland, Florida," Daily wrote. "It is only natural to have questions about the safety and security of our students and staff in BCSD.

"There are stories from time to time of students potentially threatening to do violent acts at our schools," Dailey continued. "We, along with the Batavia City Police Department, always look into any allegations of this sort and have found no credible threats against our district."

Dailey said the district is actively involved in emergency response and planning with local law enforcement.

The events in Florida, he said, provide an opportunity to review procedures and plans and make adjustments as necessary.

To read the full letter, click here.

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Check it out today. Call Lynn Bezon at Reliant Real Estate 585-344-HOME or click here for more information on this listing.

Batavia Kiwanis celebrate 95 years of serving the community

By Howard B. Owens

Submitted photo: Matt Landers, president of Batavia Kiwanis, with a dessert tray commemorating the club's 95 anniversary.

Press release:

Today, the Kiwanis Club of Batavia celebrated its 95th Anniversary. The club’s rich history of performing community service projects for the children of the Batavia community has left its mark in a variety of ways.

The club received its charter from Kiwanis International on Feb. 22, 1923, with 56 original members, including the former Batavia Mayor, Ashton W. Caney, and many other community businessmen and professionals.

The mission of Kiwanis is to serve the children of the world, and as one of their first projects, the Kiwanis Club of Batavia started a fresh air program where they sponsored bringing children from the cities into the country for a week. The club began recognizing the top 10 students from Batavia and Notre Dame High Schools in 1944 and continues to do so today.

The club’s largest project during their first half-century included raising over $42,000 to assist in building the city pool at MacArthur Park, which was dedicated in 1962. Following the pool project, the club sponsored the development of Kiwanis Park in the Town of Batavia. The park was dedicated in 1977, and most recently the club helped to convert the park to one that offers specialized equipment for children with developmental disabilities.

During the second half-century of the club’s existence, a most significant impact was realized through the Bidding on a Brighter Future Gala event that raised a combined total of nearly $200,000 over five years to assist the Justice for Children Advocacy Center in securing a permanent home. These funds are presently being utilized to renovate a building that will meet the service needs related to assisting children who have been physically or sexually abused.

Other projects started by the Kiwanis Club include a Soap Box Derby, an ice carnival, Farm City Days, a ski tow in Attica, and the Golden Olympics for seniors.

The club continues to work tirelessly for the community in a variety of ways. Monies raised through their Pancake Day, Spaghetti Dinner and 5K for Autism Awareness are distributed to local children-centric organizations. Money from those projects also funds several annual community events: Easter Egg Hunt, Thanksgiving Morning Skate, Holiday Tote Project and AMBA Blood Analysis. The club supports Meals on Wheels by delivering meals on a weekly basis, as it has done for nearly 20 years.

Most recently in partnership with Genesee County, club members volunteered to maintain the outdoor ice rink at DeWitt Recreation Area on Friday nights so the community would have the opportunity to skate under the lights on a weekly basis. The club also partners with the Genesee County Bar Association to recognize outstanding law enforcement professionals from the Batavia Police Department, Genesee County Sheriff’s Department, State Police Troop A and the Le Roy Police Department at their Annual Law Day Dinner.

The Kiwanis Club of Batavia currently has 43 members and is proud of the long-term membership of Kiwanis Past Lieutenant Governor Richard Rung since 1973, as well as that of local Past President Donald Lewis since 1965.

Woman who attempted to steal from State Street Road business given shock probation

By Howard B. Owens
       Ann Capuano

A 32-year-old Montclair Avenue resident had a litany of excuses this morning for Judge Charles Zambito for why she missed drug treatment appointments, including transportation issues, before breaking down in tears.

Zambito sentenced Ann Marie Capuano to shock probation, which means six months in jail followed by five years on probation.

In June, Capuano agreed to a guilty plea to a Class E felony of attempted burglary.

Three months earlier she had broken into a State Street Road business and brandished a knife. She then tried to escape on a bicycle.

Later, she admitted to being on drugs at the time.

She was released from custody under Supervision of Genesee Justice and was scheduled to participate in drug treatment.

In treatment, she was accused of stealing medication from another patient.

Zambito told Capuano this was her last chance and the next step would be state prison.

Via our news partner, WBTA.

City Council expresses confidence in economic development effort by BDC

By Howard B. Owens

During a budget workshop Wednesday night, the occasionally controversial Batavia Development Corp. received across the board support from members of the City Council.

Up for discussion was the $110,000 the city provides to the BDC to fund its operations, including paying the salary of Economic Development Coordinator Julie Pacatte.

Councilman Al McGinnis opened the discussion suggesting that while it might be OK to fund BDC this year, he would like the funding reviewed next year.

By the end of the meeting, however, McGinnis backed off that request because he learned funding for BDC comes from the video slot machine proceeds paid to the city by Batavia Downs.

"As long as it's the VLT money, that's fine," McGinnis said after the meeting.

He said he doesn't have a problem with the BDC and likes the work Pacatte and the board of directors are doing. He would just like to see a more detailed, nuanced regular report from the BDC on its projects.

At that point, Councilwoman Kathy Briggs jumped in and said the BDC regularly emails council members about its projects.

As for residents who are sometimes critical of the BDC, she thinks more of them are excited to see what's coming, and once the two in-progress breweries open up, that will help validate the work of the BDC in the eyes of a lot of people.

"Once they start seeing something, they’re going to get excited," Briggs said. "They’ve been hearing it for so long and they ask when, but when they start seeing a little progress, they’re going to get excited."

Both during the meeting and after, Councilman Paul Viele said the money the City is providing the BDC is money that is being well spent.

"For the $110,000 that we’re giving them, we’re getting a bang for our buck," Viele said. "You see what the result is. It’s great for the city. Whatever we can do to help them, let’s move forward."

During the meeting, Councilwoman Rose Mary Christian questioned why BDC's budget was $125,000 last year. Interim City Manager Matt Worth explained that $15,000 was added to the budget because of some anticipated environmental remediation. It turned out that work wasn't necessary, the money wasn't spent and it was moved back into the general fund.

Worth also provided a short history of the BDC, which dates back a couple of decades. At one time, Ed Flynn, now a consultant working on the Downtown Revitalization Initiative for the state, worked for the city handling economic development. The BDC received federal funds to establish a revolving loan fund. After Flynn's position was eliminated, the BDC board and the loan fund remained but with nobody to administer it. That led to some problems with collections on the loans. A coordinator's position was created both to help with the administration of BDC functions, but also to pursue economic development opportunities.

Since then, during Pacatte's tenure: several new market-rate apartments have been added to the downtown residential stock; the Carr's Warehouse has been converted into a mixed-use complex; a developer has been secured for the former Della Penna property and the Santy's Tires property; and soon the J.J. Newberry building will become the Eli Fish Brewing Company with the FreshLab restaurant incubator as part of the project.

Councilman Adam Tabelski expressed concern that talk of defunding the BDC could hamper the BDC's relationship with developers and other development partners, creating uncertainty about the BDC's continued operation.

"It perplexes me that this matter is even coming up as a topic," Tabelski said.

Christian asked about the BDC's contribution to the city winning the region's Downtown Revitalization Inititiviative contest, with its $10 million prize for economic development, and Council President Eugene Jankowski said that Pacatte assisted in the application process plus the fact that the city has the BDC, as well as the Batavia Business Improvement District, gave the city more points to help in its winning score.

The budget workshop started off with a discussion about funding a part-time staff position at the youth bureau. In the past, the position was filled by a member of AmeriCorps but the Federal government has eliminated AmeriCorps.  

The County's Youth Bureau Director Jocelyn Sikorski, who operates the city's youth bureau program as part of a shared services agreement, said the job is critical to the operation of the youth bureau. 

After a discussion about the importance of the programs the youth bureau provides to give children in the city, especially children from poorer homes, constructive activities and meals, the council voted to fund the position.

"We pay now or we pay later," McGinnis said. "And if we pay later, we pay dearly."

The council also addressed the topic of a spray park on the south side of the city. On Christian's request, with council support, Worth said staff will work up a report on the cost of the smallest possible spray park in Farrall Park, just to give council members of an idea of what it might cost, not that the spray park will be located there or be a park like the one in the report.

In today's dollars, the Austin Park spray park would cost $500,000.

Tabelski said Albion is building a small spray park for a couple hundred thousand dollars.

The current spray park uses about six million gallons of water each summer. To picture that much water, he said, imagine filling and emptying the water tower over by the VA Center four times.

The city buys that water at a wholesale price.

Fighting Irish advance in Section V playoffs

By Howard B. Owens

Notre Dame advanced in the Class D1 Section V boys basketball playoffs Wednesday with a 68-50 home victory over Wheatland-Chili.

Andrew Moore scored 13 points, Ryan Moffat, 12, Gabe Macdonald, 11, Nico Zambito, 9, and Brendin Klotzbach, 8.

Zambito had nine rebounds. Spencer Misiti had five assists.

For Wheatland-Chili, Adam Lund scored 23 points.

In girls basketball:

  • Canisteo beat Le Roy, 59-56
  • Geneseo over Alexander, 53-34
  • Bergen over North Rose, 57-40
  • Notre Dame beat East Rochester, 54-36

Ranzenhofer seeks constituent opinions with online questionnaire

By Howard B. Owens

Press release:

With the State Legislature reconvening for this year’s legislative session and the 2018-19 State Budget process underway, Senator Michael H. Ranzenhofer is asking for constituents’ opinions on issues impacting New York State and the Western New York community.

“Many important issues will be discussed and debated at the State Capitol in the days, weeks and months ahead,” Ranzenhofer said. “As your State Senator, I value the concerns and priorities of constituents in the 61st Senate District.

"I encourage residents to share their opinions with me by completing the 2018 Legislative Questionnaire. As always, I will be listening to all of my constituents as this year’s legislative session progresses.”

Residents can complete the survey by visiting Senator Ranzenhofer’s website, ranzenhofer.nysenate.gov. The 16-question survey covers a wide variety of legislative issues, including the local economy, quality of local public schools, and bills introduced in the State Assembly and State Senate.

Funding for UMMC included in House budget act

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) announced that four hospitals in his district will receive funding included in the Bipartisan Budget Act so they will be able to continue serving those most in need. The Bipartisan Budget Act provides an extension of the Medicare Dependent Hospital program and Low-Volume hospital payment adjustment for five years, providing necessary certainty to hospitals largely in rural areas.

“This funding means life or death for rural hospitals,” Collins said. “In the event of an emergency, my constituents in need to know that the lights will be on and they have somewhere to go for treatment.”

The hospitals that will receive funding are Bertrand Chaffee Hospital in Springville, Noyes Memorial Hospital in Dansville, United Memorial Medical Center in Batavia, and the Wyoming County Community Health System in Warsaw. In total, Collins secured more than $8 million for the four hospitals through FY2022.

“The Medicare Dependent Hospital and Medicare Low-Volume payment adjustment help ensure New York's rural and small community hospitals can continue to provide essential healthcare services to patients in need," said HANYS President Bea Grause. "We thank Rep. Collins for supporting the reinstatement and extension of these important policies.”

“We appreciate Congressman Collins' recent efforts in assuring inclusion in the federal budget agreement programs that have been essential for hospitals like WCCHS,” said Donald Eichenauer, CEO of Wyoming County Community Health System. “Over the past decades, these programs were generally included in legislation with authorization for only one or two years.

"The short-term extensions put us in a positon where almost annually we had to invest efforts in searching for ways to cut staffing or reduce expenses if the programs were not reauthorized. The five-year extension will give us greater confidence that services can be maintained, jobs retained and our efforts can be focused on continuing patient care at its high level.”

“The Low Volume adjustment is critical for Noyes Hospital to help offset the cost of providing services as well as uncompensated care,” said Amy Pollard, president and CEO of Noyes Memorial Hospital. “Emergency Services at Noyes and other hospitals must operate fully staffed 24/7.

"Last year 14,600 patients were treated at the Mary Saunders Beiermann Emergency Department at Noyes. The continuation of the Medicare payment adjustments helps assure that these vital services remain intact. I am very grateful to Congressman Collins for his support of the rural hospitals and thus, our community.”

Collins added: “I was proud to support this Bipartisan Budget Act and the important funding included for rural hospitals. I have and will continue to stand against any cuts in funding for hospitals in rural communities.”

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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