A 55-year-old Batavia man is in the hospital tonight after being struck by a hit-and-run driver on Center Street.

The unidentified victim was riding a three-wheel bicycle at about 5:52 p.m. on Center near School Street.

He was transported to the hospital via Mercy Flight and suffered internal injuries.

The vehicle that hit the cyclist was described as a dark colored, possibly black, older pickup truck. The driver fled the scene and may have turned south on Jackson Street from Ellicott Street.

Anybody with information about the accident are asked to call the Batavia Police at 345-6350.

Photo courtesy WBTA.

The afternoon began with a lengthy canoe ride and troublesome wind gusts - and the wind was at our back. The return trip promised to be a real hoot.

We were in a wetland measuring nearly a square mile, a cattail jungle dotted with potholes – all of which held and incredible number of ducks. We took no guns along, no cumbersome bags of decoys and no retriever. With the opening day of ducks season two days away, we were scouting, searching for the ideal location - a thick stand of cattails to conceal the canoe from incoming waterfowl.  

On this day the tops of the cattails were bent over by the stiff wind and yet myriad waterfowl were having little difficulty negotiating the elements. Ducks were vacating the potholes in great numbers. By the time we left they had easily number into the thousands. While countless numbers took wing, many came zeroing in to our location. Once realizing their mistake, they applied the brakes, at the same time quickly scrambling to gain altitude. 

Having a prior commitment, I knew I wouldn’t be back on opening day. Not that it mattered. Two   hours spent amid the marshy environs had been reminiscent of a waterfowler’s bygone era. An that was fine by me.

It’s been an enjoyable autumn on many fronts and there is much to give thanks for. There were a handful of goose hunts, at least one memorable bowhunt, a few scenic canoe rides, and the chance to wet a line on two occasions. And I managed to take in at least one high school football game each weekend. But the scene that readily comes to mind is that of a gray October afternoon when an overcast sky turned the surface of the potholes black, the tops of the cattails bending in the wind and countless ducks on the wing. I felt like we had paddled back in time, right onto the cover of a 1950’s Outdoor Life magazine.  Happy Thanksgiving!

Chester's coat is sort of tuxedo-looking, which suits him perfectly because, by all accounts, he's "a perfect gentleman." He's an adult, neutered male Labrador retriever mix. He was found as a stray, but he is good on a leash and with other dogs.

His mild manner and quiet, gentle nature make him a pleasant companion. In Kennel 34, he just hangs out and watches people walk past, doesn't get all worked up about things. Of course, he is hoping someone stops to say "Hey! look at this sharp guy..."

Cute, petite and special, that's Precious. She's a black, domestic shorthair cat who is spayed. She was in the sick bay awhile because of some problems she had after being spayed. But she's doing great now and ready to go home! She's in Cage 64.

Volunteers For Animals
PO Box 1621
Batavia, NY   14021
www.vol4animals.org <http://www.vol4animals.org>

Working in partnership with:
Genesee County Animal Shelter
3841 W. Main Street Road
Batavia, NY   14020
(585)343-6410

Adoption Hours:
Sunday - Friday 1 - 3 pm (closed on Thursdays)
Wednesday 7 - 9 pm
Saturday 11 - 1 pm

Adopt a New Friend at the Genesee County Animal Shelter.

The turkey juices sizzle in the oven. The mashed potatoes are being stirred in the pot. Gooey, delicious sweet potato casseroles melt in the oven, while pumpkin pies baked and cooled, sit, tempting us toward an early desert.

Like any other holiday, Thanksgiving has a large store of such images attached to it. And, like other holidays, it is generally considered a time for us to reflect on the important things in life. As such, it is a time when families gather together in fellowship and in celebration of their blessings.

The social and emotional benefits of Thanksgiving -- or at least the possibility of these benefits -- are pretty clear. Its benefits to the palate (if not always the digestive system) are also well known. But what about spiritual benefits? What are the religious leaders in our area telling their congregations about the Thanksgiving holiday, and what it means to their lives? Moreover, how do they deliver a message that can be repeated each year and yet continue to be relevant?

The following comments come from four Batavia pastors, each reflecting on what they perceive to be the relevance of Thanksgiving to the Christian life:

Pastor Allen Werk, St. Paul Lutheran Church and School:

"Thanksgiving is far more than just a day for a family banquet. It is not about how much food we can prepare and eat.

"Thanksgiving is about expressing our gratitude to the source of all the things in life that we enjoy. It is a reminder to say thank you to the giver of all the wonderful gifts we so often take for granted.

"The Giver of all those good gifts in our lives, the Source of our blessings, is God our heavenly Father. Thanksgiving is a holiday that reminds us to thank our God for everything He does for us.

"'Every good and perfect gift is from above, coming down from the Father of the heavenly lights, who does not change like shifting shadows.'   James 1:17 (NIV)

"While it is good to take time to thank God for food and jobs and family and health, we also need to remember that God’s greatest gift was sending His Son Jesus to pay for our sins. Without Jesus’ death on the cross, we would be entirely cut off from this mighty and holy God. That salvation that Jesus has won for us is a gift that we would never be able to manufacture for ourselves. That is at the top of our list of blessings for which to say 'thank you' to God.

"God’s blessings to us span 365 days a year. We shouldn’t limit our thanks to one day a year. Remember to thank God often, daily, for all His love and blessings He abundantly pours into our lives."

Pastor Donald A. Shirk, Grace Baptist Church:

"What we as a congregation do at Thanksgiving is on the Tuesday evening (last night) before it, we have a special "Count Your Blessings" service. This evening is dedicated to folks sharing personal testimonies on how God has been good to them throughout the year.

"For the believer in Christ, Thanksgiving is not simply an annual event but a way of life. Paul put it this way in 1 Thessalonians 5:18, 'In everything give thanks; for this is the will of God in Christ Jesus.' To help prompt, I use a PowerPoint slide with ideas that might help our church members in their sharing. Last night was an exceptional service with our people sharing for over an hour on the goodness of God in their lives."

Pastor Roula Alkhouri, First Presbyterian Church:

"Thanksgiving is a great opportunity for us to take the time to remember the bounty of God's Earth. Often times, we take it for granted that our climate is going to be okay and that we will have good conditions to grow food. So, this time is a time of reconnecting with and paying attention to God's creation. We are often negligent of other creatures in the world. We tend to focus on our individual needs for consumption. Thanksgiving is a great time to be mindful of our responsibility to care for the Earth. The gift of life is so precious, yet it is often taken for granted."

Pastor John Hatch, United Pentecostal Church:

"Usually we focus on what we all are thankful for in a special Thanksgiving Eve service through volunteer testimonies (under 5 minutes) by anyone in the congregation who desires to share and give thanks to God for various personal things they feel the Lord has done for them. This year we will also be focusing on Thanksgiving by celebrating communion to thank Jesus for all He has done for us by the price He paid on the cross for our sins; healing by the stripes on His back and the wonderful way He has forgiven us, saved us and worked in our lives."

Sen. Charles Schumer was in Batavia yesterday to tell local dairy farmers that he is working to bring in federal dollars to help their beleaguered industry.

But he also gave a pep talk for America. WBTA posted the audio (MP3).

Here’s the truth. People do’t like to hear it, but it’s the truth. For the last 15 years under Democratic and Republican presidents, here’s what America did: We consumed more than we produced. We borrowed more than we saved. We imported more than we exported.  We were the great production giant of the world. In the last 15 or 20 years, you know what we were? This big giant, big muscles, strong, astride the globe, stuffing our face with candy.

Schumer said Americans need to become a nation of producers again -- saving and exporting, rather than spending and importing.

But America has one advantage, Schumer said: there's no barrier to any person doing whatever he or she wants with his or her life.

We’ve gotten off track. We’ve gotten too fat. We can get back on track. Only America has the system that says, ‘I don’t care who you are, how much money you have, what your daddy did, or mom, you can achieve the stars if you work hard.' So the $64,000 question is, what are the policies that get us back and we’ll be giant again.

Photo courtesy WBTA.

As we wind into the holiday season, Batavia Police are reminding businesses that sell alcohol that it's illegal to sell wine, beer and liquor to people under 21 years of age.

There will be compliance checks during the holiday season, the Batavia Police Department announced this morning.

"The Batavia Police are reminding all establishments where alcohol is served or sold to remember to be carefully checking for the proper ID of the customer or consumer who is purchasing the alcohol," reads the police statement "The police along with the community’s goal is to deter underage persons from purchasing alcohol without proper identification."

Employees are encouraged to carefully check IDs.

They should also be on the look out for customers of legal age buying booze for minors. A common practice to look for, according to police, is a customer who buys a large amount of alcohol with small bills and then delivers the packages to a waiting car. Employees who observe such activity are encouraged to contact police.

An Alexander woman reportedly heard Sheriff's Deputies were looking for her at a house on Griswold Road, so rather than return that residence Sunday evening, she parked her car on Attica Road and ran off into the woods.

After her car was spotted on Attica Road, Sheriff's deputies searched the wooded area, but that's not where they found Brittany L. Frey.

The 19-year-old woman was allegedly hiding in an apartment in Northside Meadows in Batavia.

Frey, whose residence is listed as 9568 Alexander Road, Alexander, was wanted on a bench warrant for an alleged violation of probation.

After learning that Frey was at Northside Meadows, deputies responded to that location and reportedly saw Frey inside the apartment, but Frey allegedly refused to come to the door. Eventually, she did come out and was arrested.

Frey was jailed Sunday night without bail.

Morima Custodo, 27, of 65 Mead St., Rochester, is charged with harassment. Custodo was arrested yesterday following an alleged fight between employees at Allen Canning in Bergen. She is accused of grabbing the other employee's hair and pushing her head to the ground.

Matthew Thomas Holmes, 30, 14 W. Main St., Batavia, was arrested on a bench warrant for allegedly failing to pay fines and restitution. Holmes was arrested following his release from Monroe County Jail.

Joseph Lee Shanley, 37, of 7199 Dublin Road, Bergen, is charged with harassment. Shanley is accused of threatening a person while using his mobile phone.

A 12-year-old boy from Bethany has been arrested by State Police and charged with sexual contact with an individual under 11 years old. No further details were released.

Lorenzo is an exquisite line of Argentium sterling silver jewelry with 18-karat-gold accents and semi-precious stones in vibrant colors.

The flexible combination of silver and gold is crafted into bold, fashion-forward designs. The stones display exceptional faceting in complex settings and the result is dazzling yet affordable jewelry.

"Lorenzo offers very fine quality, very current styling," Maria Valle said.

The stones are specially chosen for their rich palette and include citrine, garnet, blue topaz and peridot. Valle said the green amethyst is particularly gorgeous and the color is neutral enough to compliment whatever you're wearing.

"They've been enthusiastically received in the store," she said.

If you've always loved the clean sparkle of silver but gave up wearing it because it bothered your skin, Lorenzo is for you. The company uses a new kind of high-quality sterling silver that's tarnish resistant and is less likely to produce an allergic reaction.

I hope you have taken a look at the LeRoy Pool Poll from Sunday's LeRoy Penny Saver, and maybe even filled it out.

I'm curious to know what everyone's thoughts are on the poll?

I've heard some interesting feedback already, such as why do we have to fill out our names and addresses, asking if you are a homeowner or if you rent could make people feel that their opinion may be weighted or even discounted based on the answer, what about those who may be don't own or rent but who are old enough to have an opinion and to contribute to the economy, it sounds negative and doesn't focus on the earning potential...

What are your thoughts? Do you think it hits the topics? Do you think it accomplishes the purpose? Do you have any thoughts about specific questions? Is it thorough enough? Is it confusing?....

As always, I look forward to the enlightening conversation and thank you in advance for your participation.

A group of Western and Central New York lawmakers continued to push yesterday for up to $4.7 billion in federal aid to construct a high-speed rail system across the state.

The proposed rail system would connect Niagara Falls and New York City.  Moving at 110 mph, it would cut travel time from Buffalo to Albany by nearly two hours.

The rail system would likely bypass Batavia.

Reps. Louise Slaughter, D-Fairport, and Dan Maffei, D-DeWitt are among those pushing to get the project funded.  Maffei called it "the Erie Canel of the 21st Century."  Slaughter said the track could be laid along an unused CSX line.

The competition is stiff for the announced $8 billion in funding.  California is also seeking $4.7 billion to fund part of its proposed $45 billion project.  Florida and Texas are also seeking funding.

Councilman Sam Barone's effort to push for a new fee system for garbage collection is stalled.

WBTA reports that the proposal went nowhere at last night's City Council meeting, and the issue has been delayed until the new council is in place at the first of the year.

Councilman Frank Ferrando said there is no public demand for changing the current method for paying for garbage collection, which is part of the city property tax.

Barone argues that a fee-based system would be more equitable, since under the current system the city's non-profit agencies that own their own buildings and land don't pay property tax. Those agencies get free garbage collection.

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.

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.

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.

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.

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.

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.

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

SOLD OUT

Note: There won't be a deal of the day Wednesday or Thursday. Look for a big one of Friday.

Three men from Utica have been arrested and charged with burglary for allegedly breaking into apartments yesterday at 5219 Clinton St. Road, Batavia.

They reportedly broke into the apartments during the late morning hours and stole or damaged clothing and electronics.

Taken into custody were:

• Rastafari A. Brown, 20, of 124 James St., Utica
• Kayshawn Jones, 21, of 1556 Elm St., Utica
• Sirdell L. Ruffin, 21, of Faxton St., Utica.

Each of the three men were charged with four counts of burglary in the second degree and jailed on $25,000 bail.

The case was investigated by Deputy John Duyssen, Deputy Bradley Mazur, Sgt. Gregory Walker, Investigator William Ferrando and Investigator Kristopher Kautz with assistance from the Batavia Police Department, the New York State Police and the District Attorney's office.

A state audit of the Batavia City School District found that through apparent accounting errors, some employees have been overpaid and the district has tended to over estimate expenses and under estimate revenue, resulting in an operating surplus of $6 million.

"As a result, we identified $7.3 million which has been inappropriately placed in reserves but rather should be used to benefit taxpayers," the audit report states. "Had these practices not occurred, and had District officials complied with statutory limitations for retained fund balance, the excess could have been used for District operations, or to fund necessary reserves or to reduce the tax levy."

The district plans to take corrective action, according to both the report and a press release from the district.

Those were the only two nicks on the report, which district officials otherwise characterized as favorable audit.

"The audit report delivered to the Board of Education was very positive. No graft, corruption, or misappropriation of public funds was identified," district officials said in a press release.

Our audit compares very favorably to other school district audits across the state. Other districts have been cited for administrative actions without Board approval, weaknesses in internal controls and purchasing, District actions without voter approval.  We have not been cited for any of these issues.  This audit reflects the hard work that has been done in our District to ensure that the public can trust that the District officials and Board of Education take their fiduciary responsibility very seriously.

The payroll errors, as uncovered by The Division of Local Government and School Accountability of the Office of the State Comptroller of New York, amounted to $50,000 in "improper or unsupported payments." 

Auditors reviewed payroll records for 17 employees, and reported, "Ten employees, or 59 percent, were overpaid or received compensation which was not provided for in the applicable contracts or supported by sufficient documentation."

The district's press release:

The Comptroller’s report highlights several payroll findings, which appear to be overstated when the specific findings were investigated by District staff. The actual legitimate findings amount to less than one tenth of one percent of the total payroll processed over the two year period. There is always room for improvement and we are planning to take several steps to reduce any potential risk for error.

As for the surplus funds, the district says:

The essence of this comes down to the simple fact that the District budgets conservatively, never overestimating its potential revenues or underestimating its potential expenses. This practice allows for flexibility should an unforeseen financial hardship arise, but often results in legitimate surplus.  The District has used this surplus to maintain a stable tax levy and to fund authorized reserves.  Even though the Comptroller’s Report views this negatively, there appears to be an inherent contradiction since these accounts are promoted as providing many benefits to municipalities and their citizens (www.osc.state.ny.us/localgov/pubs/lgmg/reserves.pdf).  No doubt conservative budgeting practices have allowed us to position ourselves to maintain our educational program even in difficult financial times without turning to tax increases.

Download: Full Audit Report (PDF)

If you are a customer of One Communications and you are having trouble with your telephone or internet service you are not alone.

Voice and data service for One Communications customers has intermittently failed throughout the Batavia area all morning.

Paul Marchese, a local agent for One Communications, said that he was told by the company there has been a wide spread voice and data failure affecting One Communications customers from Albany to Buffalo.

There has been no estimate of when full service may be restored.

UPDATE (by Howard): We received an e-mail indicating the outage is affecting Batavia City Schools, as well.

Buckle up -- that's the message from local law enforcement.

The State Police announced increased seatbelt enforcement and the Genesee County Sheriff's Office will join the effort, according to Chief Deputy Gordon Dibble.

"There have been a number of deaths recently that would not have occurred had the victims been wearing their seat belt and shoulder harness," Dibble said in a press release.

The law requires all occupants in a moving vehicle to be wearing a restraint system that includes lap belts and shoulder harnesses.

From Dibble:

It is also important to understand that both the seat belt and shoulder harness make up the occupant restraint system that is designed to keep a crash victim from leaving their seat. The use of just the seat belt without the shoulder harness is illegal, and greatly decreases the effectiveness of the system. The law requires the proper use of both the seat belt and the shoulder harness. Those that buckle their seat belt, but slide the shoulder harness behind their shoulder, are in violation of the law and will be ticketed.  Unfortunately, too many people believe that wearing just the lap belt is legal. 

Anyone who has a medical excuse for not wearing the restraint system must have a doctor's note with them to show a police officer.

Seat belts and shoulder harnesses reduce injuries and save lives. Put them on and make sure everyone in your car does the same.