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Doing it for the Future of Batavia - My Home Town

By Sara Burk-Balbi

Hello, My name is Sara Burk-Balbi and I am a candidate for Batavia City Council at Large. I would like to take this time to thank all the people of Batavia that have been supportive and wonderful during my campaign for City Council. My neighbors, family and friends have encouraged me, walked door-to-door with me and campaigned for me. I am blessed with a lot of support.

I would like to remind each and every registered voter in the City of Batavia to go our and vote next Tuesday. It is important that we exercise our privilege and participate on Election Day. I also hope that you will consider supporting me for City Council. I want to be your Council Person. I want to work for the people of Batavia and I want to insure that your City Council handles issues openly and fairly. I am not a fan of back room politics. I like to make sure that as much that can be discussed out in the open is discussed and executive session material stays private. An open government is a good government.

I pledge that I will work hard. I will represent you fairly and I will be available to listen and to learn. I want to bring new Industry and Retail back into the city. I support fair wage jobs so that families and young people have the means to support themselves again in Batavia. I think the expansion of the Industrial as well as Retail development is by far one of our most important issues.

With increased Industrial and Retail programs comes an increase in property tax revenue that is currently the burden of the home owner. It is not enough to talk about new jobs and “green jobs” and new stores. You must act on them and provide a more intensive effort to make this a reality. Our tax base has to increase in order to see significant savings on our city taxes. You can only cut so much.  You have to depend on an increased base to spread the tax burden to a greater number of tax payers.

I also understand the need to provide services to our senior citizen and youth populations. They require our support and need services that both take care and improve their quality of life. Senior Citizen Programs increase self dependence and Youth Programs decrease incidents of youth crime and delinquency. These are very important programs.

I am humbled at the support and guidance that I have been shown during my campaign.   Next Tuesday, please consider voting for me so that I can serve you. Batavia is such a wonderful place. I would be honored to serve as your Councilperson.

I am endorsed by the City and County Democrat Committee, the New York  State Working Families Party, The Eleanore Franklin Foundation and Senator Kirster Gillibrand.

Sincerely and I thank you for your kindness and support,

Sara Jane Burk-Balbi

Why I Value Your Vote

By Chris Charvella

Dear Friends and Neighbors of the 8th District,

We are nearing the end of the campaign season and by Election Day I’ll have knocked on every door in the 8th District.  It has been a long and interesting road but meeting and talking with you has made it all worth the effort. 

Over the course of the campaign we have discussed balance, oversight and transparency as being the essential ingredients to an efficient and open government and it is plain to see how much you and I really believe in them.  So, today, I would like to put all of the campaign talking points and issues discussions aside and let you know what your vote means to me.

I believe that your vote is a distinctly personal thing. Your vote means that you believe in my ability to successfully represent you and your ideals with the energy and tenacity that you deserve.  For six months now I have represented the 8th District as a private citizen.  Many of you have witnessed firsthand my willingness to make phone calls, write letters and elevate the issues that are important to you.  As your Legislator, I intend to continue this work and to treat your family as if they were my own.

I believe your vote is a measure of thanks for the time I spent on your doorstep discussing your concerns.  I will commit to you now as much of my time as you need to continue our discussions.  I will not disappear from your neighborhood, like most politicians, until the next election season when I need your vote again. Instead I will continue to walk the Wards I represent and hear what you have to say.  I will actively represent you and your ideas.

I believe that your vote is, at its core, a gift.  I will not take it lightly or treat it with disdain.  If you see fit to give me your vote, I will, in turn, give you the very best of myself.  I will give you the full measure of my time and effort, but more importantly, I will offer you an open door, an open ear and an open mind.

So I am asking you, the people of the 8th District, to give me your vote.  Rest assured, that I will cherish, honor it, and treat it with all of the dignity and respect that it, and you, deserve.

Sincerely,

Chris Charvella

Hit-and-run driver causes rollover accident on Route 20

By Howard B. Owens

A blue pickup on Route 20 has reportedly hit a car, causing it to roll over, on Route 20 in Bethany.

The truck is reportedly eastbound on Route 20.

The car was reportedly rear-ended by the truck. The truck will have front-end damage.

The injuries are reported as minor.

Bethany Fire and Mercy EMS are responding.


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Disney Halloween at Bank of Castile

By Howard B. Owens

The staff at Bank of Castile/Tompkins Insurance on Main Street in Batavia are having some Halloween fun today. The top three floors are decorated with various Disney scenes and most of the staff is dressed appropriate to the theme on their floors. Groups of children from the YMCA are visiting throughout the day receiving treats as they visit Batavia's own Disneyland.

Today's Deals: Great Kutz, the Color Salon, Alex's, Matty's and more

By Howard B. Owens

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.

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.

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

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

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

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: Men, enjoy a $5 haircut again with this offer exclusive to The Batavian. (gift card can be applied toward other services, but not products).

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years of experience helping women get the best hair color. We have a $50 gift certificate for $25.

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

T.F. Brown's

SOLD

Alex's Place

SOLD

Center Street Smoke House

SOLD

Great Kutz

The Color Salon

SOLD

Matty's Pizzeria

SOLD

South Main Country Gifts

SOLD

Kravings Kafe

SOLD

A Closer look at Phil Ricci's Platform

By

One of the things that I have stated time and again throughout this process is the lack of forward thinking I see here in Batavia. After months of walking the streets of our city and meeting the hundreds of neighbors that took time out of their day to speak with me, I, with the help of those who know more on these subjects, have created a look of possibilities at some very important issues.

 
First and foremost, let us tackle what I believe to be the simplest issues:
 
Open Government.
 
This is and easy problem to solve because it will take only a few simple steps to correct. Here is my Plan:
 
I will put forth a motion to:
 
  1. Place all meeting agenda items and supporting documents be published on the city’s website no later than seventy two hours before each meeting. This will of course not include any personnel or legal items, but should include all motion items that are open.
  2. With the power of this electronic society, all meetings should not only be taped for cable, but they should also be streamed live via the city’s website. They should also be stored on the site for a period of one year, so that residents can go back and re-watch if they wish. This is not costly as many will have you believe and it will allow anyone that wants a real time or even post time look to have.
  3. Institute a series of floating meetings. The Batavia City Schools for years have held meetings at the different schools throughout the district. Essentially, bring the meeting to the neighborhoods, instead of making the neighborhoods always come to them. There are plenty of spaces that can be used throughout the city that will allow council to hold at least one meeting in every ward. Not only will this allow those who have problems traveling yet another option, but it may even encourage some to experience the process for the first time.
  4. Limit the use of Executive Sessions to only issues concerning legal liability to the city.
 
I cannot make other city officials use online sharing resources like TheBatavian.com to openly speak about their opinions on topics or reasons for their vote, but I can assure you that I will. By giving the public access to its government, providing documentation and agendas, as well giving the ability to hear and see Business and Conference sessions at will, we will all have more insight into our government
 
Police and Fire Departments:
 
The public safety of this community is one of my top priorities. One of the many reasons my wife and I live in Batavia is because it is a safe place to raise kids. I have met and worked with many of the officers in our local force, including Chief Baker, and I am impressed with them all!
 
That all being said, the financial realities of running this city is very clear. At every home I went to, I was told the same thing: Taxes are too high! I understand the burdens that we face. I also understand that we cannot have tax reform without speaking about these two vital agencies. My plan is designed to be thoughtful while being realistic.
 
Police
 
Right now we have an opportunity to fully invest the time it takes into the Police question. We are in need of a new contract and that means the time is right to make a change. The fact is there are too many police agencies in our community.
My Plan is simple. We will merge the City Police Force with the County Sheriff’s department within two years. That is enough time to allow for a smooth transition. We will work with the county to create a “Metro Division” within the Sheriff’s department, so that we can ensure the proper protection for our neighborhoods.
 
  1. We will create a committee made up of multi-community officials (City and County Officials/ Officers) to work through all the details of the transition. Their primary objective: Keep safety levels at their current levels while we transition.
  2. We will honor the careers of our City Police and only eliminate positions through natural attrition to minimize impact on them. 
  3. We will begin in year one to have a blended force with the county as we reduce our staffing levels to fill in any holes. Keeping our patrols where they are and ensuring response times are sound.
  4. We will work with the county to decide what equipment and vehicles are needed and what can be sold. Taken full inventory and using the monies earned to pay for any costs associated. If none, a full return to tax payers.
  5. By year two the county will fully take over operations as well as any officers that will be brought into the new force.
  6. The local police station can either be utilized by the county as a metro dept if they wish or be returned to the city for other purposes.
 
 
This will take time. The first thing that we have to do though is agree to do it. I have listened to enough of you to know that you want a change. I also believe that it should be the residents to decide! That is why when I bring this forward, I will push for a Referendum before I allow it to die out of political fear!
 
As for the Fire Department…
 
My plan for the fire department is different than that of the police.
 
Here is what I propose:
 
1.     We re-negotiate a contract that introduces a blended department of full time officers and paid on call men for night calls. Ensuring flexibility while still maintaining a paid staff.
2.     We enter service sharing agreements with all the surrounding volunteer departments to cut down on future equipment purchases.
3.     We work with our City Fire Union to eliminate mandatory overtime provisions.
 
We will have to train new call men and build up that program. The reality is that we may very well continue with our current force for a few years farther into the future while we do this, but again I believe that the citizens of Batavia should vote for it. I will put forth the motion of a blended department and revised inter-service contract that will be based on market needs.
 
Neighborhood Improvement: 
 
            Every election year people always say that they are for neighborhoods. I find it hard to believe anyone is not for neighborhoods! My plan is to A.C.T.
Accountability
 
Community
 
Transformation
 
The first part, Accountability, is the one that has caused so much distress with those who value their privacy. I am not in favor of the government telling me how to live my life or how to keep my home. At the same time I also understand that one property in disrepair can cause an entire street’s value to decline. That is as much an infringement of another’s personal freedoms as the other. Although, when we choose to live in a communal environment we agree to a set of understandable standards that are common throughout the world.
 
Here are my opinions and solutions…
 
First let’s talk about rental properties. Landlords are business owners, plain and simple. They are paid for a service and, if done properly, profit from it. It is not wrong to require that business owners keep their properties in good repair. This should go for all business owners throughout the city. However, if a landlord will not do that, then I believe the city should have the right to inspect the property, cite violations and fines. This is about safety, not esthetics. Rental properties with damaged foundations, collapsing porches, exposed wirings and damaged piping can create problems for the whole neighborhood.
 
What about people who honestly can’t afford to fix their homes and then see their assessments raise just because they did something nice to their property. To this I have a plan.
 
There is a New York State statute that is already on the books right now. To put it plainly, it allows homeowners to do major home repair without having their assessment rise. It essentially freezes a property’s assessment rate for a period of three to five depending on what the city adopts. I would put forth the five year version of the bill.
 
Here is an example of how it works:
 
            2009 Assessment value of property: $100,000
            Work to be done: New roof, siding and porch
            Total Cost: $25,000
            Assessment would rise to: $111,000 an additional $112.42 per year just in city taxes!
           Under plan: $100,000 – No change for five years!
 
That same house would then be reassessed in 2014. At that time between inflation and market growth the house would be worth $120,000. The way the plan works it breaks down the assessment over a two year period.
 
2015: $110,000
2016: $ 120,000 Full Market Value!!!
 
That is a total of seven years after the original work has been done before you see the change in your assessment!
If a property is sold during the window while it’s frozen the assessment will automatically go to the new rate. I will put this measure forward year one!
 
 
Community
 
Building a strong sense of community is paramount for a neighborhood to actually improve. The ability to trust, respect and protect one another has been the staple of powerful towns and cities throughout our country’s history. The first thing that we have to realize is that Batavia has changed. We are not the same city we were twenty years ago. Most people do not know the person to their left or right anymore. While it is not government’s job to make people know one another. It is very much their job to create a sense of revitalization when it has been lost. Here are my ideas on how we can do just that…
 
1.     Individual community “Night Outs” that are led by the areas ward council person and teamed up with the various agencies throughout Batavia to bring neighbors together.
2.     We need to institute ward forms so, neighbors can come together, address concerns and bring forward issues to their representatives that are important to specific streets.
3.     Individual Ward events like, educational classes, crafts etc. sponsored by the various non-for-profits that bring community members together under like interests.
4.     The re-institution of neighborhood watches. Neighbor protecting Neighbor
 
All are just possibilities, but anything that strengthens a community, improves a neighborhood.
 
Last…Transformation.
 
            The purpose of this is the rebuilding of civic pride and interest that has fallen so over the years. Yes I believe a lot of this has to do with not feeling included in the process, but it’s so much more. Volunteerism is down. The amount of time that people give to charities, sports clubs, civic clubs, church groups and so forth, has seen steady falls for the better part of twenty years. I am not nearly to an age where I can preach about any type of “old days”, but I can tell you that we are just not connected to very much except the internet!
 
Transformation is the return to civic pride and revitalization of community participation on all fronts. It’s the call to action that I don’t think we have ever had and it’s time to give it. I don’t think I have a policy for this. It’s more of returning a state of mind. I will try to lead by example, but more so, I will help any young person that takes an interest in some field find the guide that they need.
 
There is so much more…
 
We have so much work to do! We have long term issues that we need to address now so that we aren’t facing the next budget crisis in four years. We have to be logical at the resources we have and use our city space to the best of our ability. We have got to think bigger about the possibilities and get past “the way we have always done things” mentality.
 
I want to thank you for taking the time to read my thoughts for a Better Batavia. If you want to know more just ask! I hope that you see I am constantly looking, assessing and re-evaluating things to find the best way for the most people! I am, if nothing else, a father of two little girls that count on him to do the right thing. That truth alone motivates more than you can believe not to mess up!
 
My name is Phillip Ricci and I am running for City Council at Large. On November 3rd, I humbly ask for your vote.

Police Beat: Girl allegedly yelling obscenities from her front yard arrested

By Howard B. Owens

A 16-year-old girl from South Byron has been charged with disorderly conduct. She is accused of yelling obscenities from her front yard after being asked repeatedly to stop. She was jailed on $250 bail.

Tyler J. Henderson, 20, of Batavia, is charged with unlawful possession of alcohol by a person under 21. Henderson was ticketed by State Police on Sumner Road in Darien.

A 16-year-old from Alexander is charged with trespass. The boy was arrested by State Police in East Bethany.

Notre Dame's strong run defense meets two backs it can't stop

By Howard B. Owens

A strong run defense helped carry Notre Dame through a 7-1 season and into the Class D Section V finals, but against a Dundee team with a great running back and some well designed plays, the Fighting Irish defenders reminded no one of a picket fence.

Too many turnovers didn't help either.

Final score: 76-13.

But maybe the numbers that mattered most in deciding who won and who lost were those amassed by Steve Webb for Dundee, who had 176 yards on 12 carries for an average of 13.8 yards per carry. Webb scored four touchdowns, including one on a 23-yard punt return. He also had two receptions for another 75 yards.

Webb and fellow running back Ryan Ballard proved a deadly combo for the Irish. Ballard also scored three touchdowns, one on a kickoff return, one on a run from scrimmage and another on a pass reception. Ballard rushed for 131 yards.

All told, Dundee gained 359 on the ground and only 29 through the air.

Dundee head coach Sheldon Gibson said some of the team's success on the ground against Notre Dame could be attributed to good scouting.

"We’ve seen them three times live," Gibson said. "We kind of picked up on some things. We found a couple of angles and we exploited them. Basically, when you have a speed demon like Webb, he’s hard to catch, and with Ballard being so strong, I mean having those two in the backfield is quite a plus for us."

The game started promising for the Irish. After winning the coin toss and deferring its kickoff decision until the second half, Notre Dame was able to quickly squelch Dundee's first drive. The offense then took the field and behind the running of Mike Pratt were able to move the ball about 80 yards down field for the first score of the game.

Disaster struck on the ensuing kickoff however, when Ballard returned the ball the length of the field for Dundee's first score. Gibson characterized the play as a game changer, one that helped his team get its balance back and allow it to start focusing on its game plan.

"Ballard's got a lot of desire," Gibson said. "He’s worked very hard. He’s a student of the game and that changed a lot."

On its next series, Notre Dame committed the first of its six turnovers (two fumbles and four interceptions). Two plays later, Ballard struck again with a seven-yard TD reception.

From that point forward in the game, Notre Dame's defense would spend a lot of time looking at the back sides of Ballard and and Webb, as well as receiver Kyle Spinks, who added two touchdowns.

Dundee's 11 touchdowns helped make it a big night for Katie Zebrowski, the only girl playing Section V football this year. Zebrowski made 10 of her 11 point-after attempts, which is a new Section V record.

"You can't turn over the football," Notre Dame Head Coach Rick Mancuso said. "If they had turned over the football as much as we did, the score would have been just as lopsided the other way."

As it got into the fourth quarter and the score was 56-7, the chatter in the press box was about Dundee running up the score. Dundee started the fourth quarter with all of its starters still in the game.

Some Notre Dame fans, both online in The Batavian's live chat about the game and after the game, shared a similar disgruntled opinion.

Mancuso didn't see it that way.

"From my standpoint, I've always thought, you know, they were trying to get some sectional records and things of that nature," Mancuso said. "That doesn't bother me. I mean, God bless them, whatever they wanted to do is fine. It doesn't matter to me. Hey, if you want to stop somebody, you've got to stop them on the field. That's the way I look at it, and we didn't do that."

Gibson said that on the Dundee sideline, there was no intention to run up the score.

"When we're picking off passes and running things back and the two team scored those last two touch downs," Gibson said. "The second defense blocked that punt, I mean, we didn't have a block on. The second defense did that. It's tough to stop those kids, to tell them not to do that. We kept the ball on the ground."

There was one highlight for the Irish in the fourth quarter. On a pass play that sent Gianni Zambito on a relatively short route, Zambito managed to get a step on his lone defender. Tom Whelehan in as quarterback, hit Zambito with a perfectly timed strike, so that Zambito didn't have to break stride. The fleet receiver then raced his defender toward the goal line. Two Dundee defenders each managed to get a hold of his jersey at about the five yard line, but Zambito kept his legs moving and pulled them toward the end zone until he got just close enough to stick both arms straight out, ball still in his hands, and put the ball over the end zone for Notre Dame's second touch down.

It wasn't enough to bring the game within reach, but it let everybody know there was still plenty of fight left in the Irish.

Photographs by Bare Antolos. For more photos, click here.

H1N1 flu may be causing 'spike' in absences, parental worries

By Billie Owens

Figures aren't in yet, but absenteeism seems to be up at Batavia-area schools, and it appears that many of the children who are missing school are sick, possibly with H1N1.

At Robert Morris Elementary School, a "spike" in absenteeism occurred last week when 25 percent of its students were absent on one or more days. Batavia Middle School, according to parents who have contacted The Batavian, has also seen a jump in flu-related absences.

Hundreds of kids in Batavia are either at home coping with the nasty gamut of flu-like symptoms, or they are being kept home by anxious caregivers who are taking every precaution to keep their children healthy.

Batavia City School Superintendent Margaret Puzio said today that on Friday she will have week-to-week comparison figures for absences at the schools.

"Absences are a bit higher and I understand parents are concerned about sick kids," Puzio said. "But the best defense is to handle this as you would any flu. The symptoms are fairly mild. We're not doing anything differently than we normally do during flu season, except cleaning on a daily basis."

If a child exhibits flu-like symptoms, he or she is sent home. It they are already sick, they should not attend school. If he or she misses several days of school, the guidance counselors are notified and they contact the home. If need be, they notify the teacher and a packet of learning materials is put together for a parent to pick up.

But some parents say there's a lack of communication from schools concerning the H1N1 virus and, in the void, some panic is beginning to set in.

"I am the father of an 8th grader at Batavia Middle School," complained one man, who did not want to be identified. "There may be hundreds of children with this virus and no phone calls or letters from the school. My child is seriously sick and all of his close friends."

He said he doesn't think parents are getting enough information from schools to decide if it's safe to send them there.

Bill Cox urges no vote on charter revision

By Howard B. Owens

Councilman Bill Cox, Ward 1, is on vacation, but still thinking about city business - he e-mailed us today and asked us to post this statement in opposition to the proposed City Charter revision on Tuesday's ballott.

Serious Problems with proposed charter Changes

1.    No separation of power. A proposed change has the city manager appointing the members of the Planning and Development Committee ( Planning Board). The City Manager already appoints the members of the Zoning Board of Appeals. If the City Manager is allowed to appoint both board members its sets up a dangerous possibility of deals being made behind closed doors which is very difficult to happen now, because City Council appoints Planning Committee members. The City Manager can appoint people to both boards who are “friendly” to particular causes and future project and land developments and ensure they get passed regardless of what the taxpayers want, what neighborhood it involves, and what tax breaks it gets. This would be a very dangerous and damaging situation that would most likely occur sooner or later.

2.    Up to 14 years for an appointment. The terms of appointments for the Planning and Development committee for the city manager to appoint being proposed will enable a member to be in office for as long as 14 years. The terms now are 3 years with a renewal of 3 more years. The change proposed has the new terms of 5 years, with reappointment for a second 5 years and if someone resigns, after the first year, his replacement can be in office for 4 years and be eligible for both 5 year terms. Having someone in an appointed office for up to 14 years is a very bad idea for lots of reasons.

3.    Wording in proposed charter can permit the fire and police departments to be done away with. The proposed wording specifies the city must provide police and fire protection however it does not state we have to have a police and fire department. This is a subtle but very important change in wording. This sets the stage for a potential elimination of those departments by having outside agencies provide these services.

4.    Elimination of voter approval for Council pay increases. The proposed charter changes languages which can enable City Council to raise their own pay. Whenever an elected body of officials can give themselves raises, they become much less accountable to the voters and citizens. This is always a bad idea. That is one of the reasons Washington and New York State is in just mess; it is why politicians continue to vote for massive spending and increases in personal benefits for themselves, and more perks. City Council Members receive $2,000. a year for pay, except the Council President who receives a little more. Our citizens pay outrageously high property taxes, school taxes, and fees a lot of which can be traced directly to City Council decisions. When the taxpayer’s burden gets lowered and future council decisions that lower taxes are made, then perhaps Council deserves a pay increase and then only when the citizens and voters decide that. When we ran for office we knew the pay structure.

5.    Redistricting of wards. The proposed changes include going through an expensive process based upon future census counts one of which is being conducted in April 2010. Then re-drawing Ward Boundaries. This is unnecessary, disruptive, and expensive. Genesee County has a good system of having true representation for the people which is “weighted voting”. Periodically as people move, one geographic area can gain population and another one can lose some. Legislature calculates this and assigns a “weighted vote” to a particular legislator. This means that one legislator can have 1.1 votes while another can have .9 votes. What this does is allow the best representation of the people to occur at the legislative level. We should follow the county method in the city or leave it as is, instead an expensive process of redrawing ward boundaries, going through a lot of expensive and then doing it every 10 years when a new census occurs. 

6.    Separation of Power - City Manager will appoint City Attorney instead of City Council.  The proposed charter takes this appointment away from Council which is a very dangerous situation. This change in effect will mute the authority of City Council over the City Manager. The city attorney or law firm representing the city gets his direction from the city manager in most cases. If Council believes a change is necessary and a new city manager is needed, the city attorney who now gets over $200,000. in projects through the city manager has to decide who to back in a dispute between City Council and the City Manager. If you were getting $200,000. in pay from one source, who do you think you will back? People vote for their wallet. Right now the city attorney can be dismissed by Council if they feel a change is warranted and expenses are out of line. We lose that ability if this charter is passed.

7.    City Manager is given the authority and power of a Mayor in most respects without ever having to run for office. The proposed charter changes dramatically increases the authority and influence of the City Manager and reduces the authority and influence of the City Council members who you appoint. The proper way to do this is to let the people decide if they want a Mayor
And not back door the issue by these proposed changes in the City Charter. Do it the right way or not at all.

Here are two good proposed changes. One good proposed change is going to a sub-committee structure for some meetings. This will allow for items and proposals to be discussed with less contention and perhaps less controversy. However healthy open debate is what democracy is all about. This one change is not enough reason to overcome the negative changes proposed.  A second good one is that the chief financial officer is not the city manager and the proposed change is for the head of the finance department to be the chief financial officer. It stipulates also to get rid of the city engineer. I believe we need a city engineer but not a city engineer and an assistant manager both. This calls for no city engineer.

I believe the overall charter changes proposed, weaken the representation of the people by weakening city council authority, that they set up the possibility of back door deals being made in future planning and zoning boards exclusively appointed by the city manager, and turn the position of city manager into a position of power equivalent to a mayor without the need for the manager to ever run for that office and be elected by the people.   

I urge our citizens to vote no for the charter changes. We need to go back to the drawing boards and do a better job of changes.

Follow tonight's Notre Dame game live on The Batavian, starting at 5:30

By Howard B. Owens

Notre Dame tries for a sectional Class D title at Marina Auto Stadium at 5:30 p.m.

To get it, they'll have to beat #1 ranked Dundee, coming into the game with an unbeaten record for 2009.

Coach Rick Mancuso said after his team's big semi-final victory over York that beating Dundee certainly won't be easy.

“Dundee is phenomenal,” Mancuso said. “They’re the best team in D, there’s no doubt about that. We’re hoping we can come out and play a clean game and maybe we get it into the fourth quarter and we’re close. That’s kind of what you’re looking for. They’re fantastic. We’re defiantly playing up. It’s a huge challenge for us.”

You can follow all of the action live on The Batavian. We will be living blogging the game and you will be able to chat about the game, respond to interactive polls and keep pace with every play of the game starting at 5:30 p.m. 

If you're not in front of a computer, you can also listen to the game on WBTA with Jay Moran and Bob Brown calling the plays.

Today's Deals: Delavan's, Pudgie's, Alex's, Mane Attraction, and more

By Howard B. Owens

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.

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

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Fall colors are here, and with Pudgie's you an cozy-fy your home with a range of decoration ideas. We have a $25 gift certificate for $12.50.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. 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.

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.

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

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

SOLD OUT

 

Club on verge of bridging divide with county on Sour Springs Road

By Howard B. Owens

A handful of snowmobilers attended last night's Genesee County Legislature meeting, and though they were not allowed to speak, they did walk about with good news.

It may be possible for the Genesee County Sno-Packers to reinstall the bridge it installed on Sour Springs Road over Oak Orchard Creek.

The county highway department removed the bridge Oct. 22, with officials citing liability concerns since installation of the bridge was not authorized.

Two issues stand in the way of putting the bridge back in place: County liability and responsibility for maintenance. Both of those issue appear on the cusp of resolution.

"After some discussion I had tonight with the county attorney, it appears that the county attorney would be receptive to the town of Alabama giving a hold harmless and indemnification agreement to the county," said Legislator Ray Cianfrini. "I was told by Mr. Rizzo that he would be receptive to that, and that's a huge step forward."

Even though the Sour Springs Road runs through a national wildlife refuge, it is actually a Town of Alabama roadway.

County Highway Superintendent Tim Hens said he was confident an agreement could be reached with the Sno-Packers for maintenance of the bridge.

Kevin Fisher, speaking for the Sno-Packers after the meeting said the club would have no issue with taking care of the bride and would gladly reinstall it themselves.

“I’m sure the club will put it back in," Fischer said. "We did it once, I’m sure we can do it again.”

At which point another club member chimed in, "It's easier the second time."

"You got it," Fisher said.
 

Police Beat: Batavia man charged with sexual abuse

By Howard B. Owens

Darren S. Jimerson, 44, of 5 Thorpe St., Batavia, is charged with sexual abuse in the first degree, forciable touching and criminal trespass. Jimerson was arrested by officer K.M. Defelice following an investigation. The alleged incident(s) that lead to the charge reportedly occurred at the residence of a female acquaintence. Jimerson was jailed without bail pending an arraignment today in City Court at 11 a.m.

Please vote in our election survey

By Howard B. Owens

We still have our election survey online (link below).

PLEASE READ: I have invalidated at least HALF of the surveys cast so far.  People are not following the instructions. If you say you're voting for one candidate for County Legislature in District 7 and then also select a candidate in District 8, I'm throwing out your survey.  That is by far the biggest reason for invalidating a survey.  I've also invalidated surveys for voting in every jurisdiction.

Also note that I've only included in the survey races that are competitive. For jurisdictions or districts that have candidates running unopposed, there are no survey questions.

var PDF_surveyID = '290AD911A70E920F'; var PDF_openText = 'View Survey';

Take Survey

Adopt A Pet: Winnie and Scotty and Davey

By Billie Owens

This winsome lass is a real winner. Her name is Winnie and she's an adult, spayed beagle. She is said to be good on a leash and good with other dogs.

Her temporary caretakers say: "Winnie loves people, other dogs and being outside. She also thinks she's a lap dog -- so watch out! This girl has quite a nose -- she loves sniffing, and barking at whatever she's sniffing."

Adorable! She's in Kennel 20.

Here are Scotty and Davey, black, beautiful and quite the dapper duo.

Their mom was sick after having them, so they had to be hand fed. They were oh-so-lucky to have a great foster family to take such wonderful care of them. They are now both neutered. Ask about them at the Desk.

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

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

Adoption Hours:
Sunday through Friday: 1 to 3 p.m. (closed on Thursdays)
Wednesday: 7 to 9 p.m.
Saturday: 11 a.m. to 1 p.m.
 

More serious manslaughter charge levied against Alexander man accused of drunken driving

By Howard B. Owens

A Grand Jury indictment has been handed down against Ronald J. Wendt, of Alexander, charging him with 11 felony counts stemming from an accident on Aug. 14 that claimed the life of an 18-year-old Dansville girl.

Among the charges against Wendt, 24, is aggravated vehicular manslaughter, a new statute in New York that carries a maximum sentence of 25 years in prison.

WBTA spoke with District Attorney Lawrence Friedman about the unique charge.

Friedman said elements of the alleged crime, relevant to the more serious charge, is that it includes alleged reckless driving and causing serious injury to another person.

Wendt is represented by Batavia Attorney Thomas Burns, who issued a statement following Wendt's preliminary hearing in August challenging the validity of drunken-driving charges in this case.

In addition to challenging the actual charges, Burns asserted that there is ample evidence that Wendt was not intoxicated at the time of the accident.

Among key facts raised during the preliminary hearing were that Wendt passed one element of the road-side sobriety test.

Wendt was reportedly making a left-hand turn off Route 20 into the parking lot of My Saloon -- an area not far from where the speed limit changes from 55 down to 40 mph -- when his truck was struck by the car. It's unclear if the car left any skid marks.

According to testimony at the hearing, Wendt told Deputy Tim Wescott that he had a few beers, during and after work, on a nearby farm bailing hay. His BAC was reportedly right at .08 after the accident.

Charvella and Radley get high rating from local gun-rights group

By Howard B. Owens

A local gun-rights lobby group likes what it sees in seven of the 11 candidates standing for election to the County Legislature on Nov. 3.

The Genesee County chapter of SCOPE (Shooters Committee On Political Education) ranked five of the candidates "highly favorable," including two running in competitive seats.

Democrat hopeful Chris Charvella, running for the District 8 seat received a "highly favorable" rating, while his opponent, incumbent Republican Hollis Upson notched a "favorable" rating.

In the District 7 race, Republican Robert Radley scored "highly favorable" while Democrat Rose Mary Christian was ranked "favorable."

The ratings were the result of a survey SCOPE asked each candidate to complete.

Two current county legislators up for re-election, but running unopposed, were classified "requires education on the issue."  They were Mary Pat Hancock and Anne Lawrence.

Ed DeJaneior and Esther Leadley did not respond to the survey, according to SCOPE.

Also receiving "highly favorable" ratings were Ray Cianfrini, Jay Grasso and Charles Zambito.

Also, SCOPE announced that John O., of Genesee County, won the group's raffle. The prize was a Thompson Triumph Black Powder Rifle.

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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