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County taking down Sour Springs bridge that took snowmobile club 400 hours to build

By Howard B. Owens

The Sno-Packers Snowmobile Club thought they had all the approval they needed to build a recreational bridge over a creek in Alabama.

County officials disagree. County Manager Jay Gsell said this morning the bridge violates state law and the only option for the county is to remove it.

Department of Highway workers are tearing down the bridge today.

The bridge, which club members say took 400 man hours to build and is worth at least $40,000, spans a creek off Sour Springs Road, which is a dirt road off Roberts Road.

The club installed the bridge -- which club members largely pre-built in a garage prior to installation -- about a month ago. It's already been heavily used, according to club secretary Jane Chaddock, by fishermen, birdwatchers and hikers.

"It's nothing but a fiasco for something that was so beautiful and so much work," Chaddock said.

Doug Hagen, Genesee County snowmobile coordinator, said the club felt it had approval for construction of the bridge -- from County Highway Superintendent Tim Hens signing off on plans, to the County Legislature's Public Services Committee saying it should be built, to officials from the Town of Alabama saying they didn't oppose the construction.

Gsell said there was never any official permission given from the county and since the bridge is on the Iroquois National Wildlife Refuge, there needs to be more than tacit approval from the federal government for snowmobilers to ride right through the preserve.

But the main issue from a county perspective, Gsell said, is that any bridge over 5-feet long becomes county responsibility.

The county would be liable for any injuries resulting from use of the bridge should there be a problem.

And although club officials, according to Hagen, believe the bridge exceeds engineering standards for its intended use, Gsell said that's not necessarily true.

"Because the snowmobile club has actually admitted that they're going to use that bridge to put their snowmobiles on to cross that body of water, that bridge must meet state and federal guidelines as far as structural integrity, the distances, the accessibility...and that's not presently the case," Gsell said.

"The highway superintendent then, under state highway law, has to deal with the issue in terms of either removing it, which right now is our only logical option, or at some point involving some major capital project - we're talking about a couple of million dollars of replacing a bridge structure, because anything over 5 feet is the responsibility of county government. But, that doesn't mean we have to take ownership of something that people put there illegally and without anybody's permission."

According to Hagen, Sheriff's deputies are on scene at the bridge tear-down ensuring club members don't get out of hand.

Hagen said all of the material and labor to build the bridge was donated, but if he had to guess at the cost of material and construction, he would put it at $40,000.

"That bridge was built at absolutely no taxpayer expense," Hagen noted, "and now taxpayers are paying for that bridge to be ripped out."

Chaddock fought back tears while we spoke. She said people who have seen the bridge love it.

"People say it's the best bridge they've ever seen," Chaddock said. "People have said  they wanted to get married on that bridge."

UPDATE 11:43 a.m.: The bridge is gone. It was, however, removed in one piece and will be put in storage, Tim Hens said. He just returned to his office from the site, he said.

"Unfortunately, when the club put the bridge in without permission, it kind of forced our hand," Hens said. "I don't think anybody from the county wanted to remove that bridge, but it's what we had to do to protect county taxpayers from liability."

Hens said the county -- which has helped the snowmobile club raise $500,000 in grants from state and federal agencies over the past several years -- was trying to find a way to either get a bridge in place, or allow a bridge to be built, but had not been able to complete that process before the bridge went up.

UPDATE 3:30 p.m. (Billie Owens): The bridge came down easily and quickly this morning, according to the workers who remained at the scene afterward.

"It was a solid, well-built bridge, made of steel and wood," said county employee Aaron Zinkovich.

Another worker added that County Highway Superintendent Hens got verbally thrashed by snowmobile enthusiasts at the scene.

"They beat up on him pretty good - called him every name in the book," he said.

The snowmobilers wasted no time getting lawyered up. They've retained Roland R. Georger, of Damon Morey Attorneys at Law in Clarence, to advise them on the matter.

"I have a lot of investigating to do," Georger said, adding that will include looking at the permitting process.

Agenda minutes of the Byron-based Genesee County Snowmobile Association from Sept. 8 -- under the Old Business section -- reported that the county attorney "has told Co. Highway and Town of Alabama that the county cannot support the bridge concept because of liability. We all need to lobby Hawley and our county legislators for adopting a county law." Hagen attented the meeting along with other snowmobile group representatives.

The Sour Springs Bridge was built in the ensuing weeks.

UPDATE: Photo above by Billie Owens

UPDATE: Picture below submitted anonymously with no comment.  It looks like this would be the old bridge that was destroyed by an alleged drunken driver.


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Adopt-A-Pet: Dorothy and Jeter

By Billie Owens

Dorothy is well aware she isn't in Kansas anymore, if, in fact, she ever was. She does know she's been passed over time and again during her stay at the Genesee County Animal Shelter.

So much so, that this shy but affectionate lass has earned a get-out-of-jail-free card, meaning volunteers have already paid her adoption fee in the hopes Dorothy will get a leg up on the competition.

She's an adult, orange domestic short hair cat, spayed and more than ready for adoption. She doesn't beg for attention but enjoys getting petted. The volunteers say Dorothy has been here for awhile, which puzzles them. They are pulling for Dorothy and hope her lucky day comes soon, since she is most deserving of a real home with love and companionship. Stop by Cage 82 and introduce yourself to Dorothy, you'll be glad you did.

This good ol' boy is Jeter. He's an Alaskan husky/German shephard mix. He's also a high-energy dog that needs an experienced owner and a home without children.

Jeter is a neutured adult who behaves on a leash and is housebroken. He gets along with some dogs, but does better with girl dogs. Despite his robust and handsome looks, Jeter is timid and shy at first. He needs a little time to build trust.

A home that can provide him with positive discipline and lots of exercise would be best for Jeter, according to those who know him. He's waiting for a chance in Kennel 33.

Nice Day For A Swim - If You're A Horse!

By JIM NIGRO

I never know what I might come across while driving the back roads.  Take this morning for instance, when I saw a standardbred race horse swimming in a horseshoe-shaped pond.

"Nitroglycerine" is being tended to by owner Frank Zambito and trainer/horse farm owner Fred Haslip.

I think he's smiling at me!

Swims over...back to the barn.

Left to right Nitroglycerine, Frank Zambito and Fred Haslip.

Bear sighting near college is news to the DEC

By Billie Owens

A bear purportedly seen in the vacinity of Bank Street Road and Hawley Drive in the Town of Batavia has not been confirmed by the Department of Environmental Conservation.

That doesn't mean the rumored sighting(s) near the college has no validity, just that the DEC has not received any reports about bears around there, from the public or field officers, said spokeswoman Lisa Silvestri.

"This is the time they are moving around though," she said late this afternoon. "They are looking for food, a mate or some place to hibernate. If a bear is pregnant or has young ones, she'll usually kick out her yearlings to fend for themselves."

They're especially keen on prowling for bird feeders, she said, and people in rural areas should not put them out until the bears have gone into hibernation for the winter.

"A lot of people don't know that," Silvestri said. "But bears love (bird seed)."

If you have seen a bear in the area, let the DEC know. The Region 8 office, which includes Genesee County, is in Avon and can be reached at (585) 226-2466, Monday through Friday from 8:30 a.m. to 4:45 p.m..

 

Crews responding to grain bin fire

By Billie Owens

Fire crews are responding to a report of a grain bin fire at 2947 Batavia-Oakfield Townline Road, between Hutton Road and South Pearl Street. Other structures are nearby the fire.

Tankers have been requested from East Pembroke and Alabama.

UPDATE: East Pembroke's tanker is asked to respond in a non-emergency capacity. Alabama has been asked to stand down.

UPDATE (2:03 p.m.): Fire is out.

 

To make ends meet, county looking at tax increase, hiring freeze

By Howard B. Owens

County Jay Gsell has laid it out there -- in order to meet Genesee County's budgetary needs, residents will need to pay an additional 8 cents per $1,000 of assessed value.

Gsell expects $24.7 million of the county's revenue to come from property tax. That's up 2.7 percent from the previous year.

The 8-cent increase works out to about $7 per year in higher taxes for a home owner with an $80,000 piece of property.

Gsell:

This 2010 recommendation is at best a hedge against continued fiscal pressures delivered at Genesee County’s doorstep with regard to increasing human services clients, criminal justice activity, poor economic indicator performance in the regional and state economies and the current mandated service delivery programs that harken back to the 1970’s origins with the unrealistic New York State spin of hooking county governments into not only delivering and administering what are typically state and federal partnerships in the rest of the U.S., but also having counties directly funding actual benefits – the so called “local shares.” 

There will also be no new county jobs created in county government, Gsell said.

Overall, the county budget is going up .01 percent to $140,666,000.

Gsell is also freezing pay at current levels -- no pay increases -- for top county management staff.

Mandated costs -- Medicaid, Early Intervention/Preschool, Handicapped Children’s, Mental Health LGU, Probation, County Jail and Public Defender/Assigned Counsel -- consume 84 percent of the county's property tax levy.

Byron supervisor announces he won't serve in 2010, even if elected

By Howard B. Owens

If elected, he will not serve.

Byron Town Supervisor Tom Felton announced at a recent Town Board meeting that even though he's a candidate for another two-year term as supervisor, he's decided he's done with town politics.

"Over the last few weeks, there have been a series of events that have discouraged me greatly with this position," Felton said in a statement he wanted read into the record of the meeting minutes.  "In order to combat the negativity of a handful of individuals in the Town, I will need to spend considerably more time defending the half truths and misinformation that this group has the time to spread in the community."

Fellow board member John Ivison said that he didn't want to speak for Felton -- who was not available for comment this morning -- but among the issues that have come up recently is some people in town are saying there's a move afoot to consolidate with Byron and Elba.

Ivison said two board members from each of the towns have met three times in 2008 to share information about how the towns operate. Topics have included how to deal with snow plows, infrastructure, planning and budgeting.

The meetings, he said, were purely information sharing and not designed to start a discussion about consolidation.

"It's been blown out of proportion by a few people," Ivison said.

The big issue, as Ivison sees it, is that this kind of small-town politics is what keeps talented and capable people from serving on town boards.

Felton, a bank vice president, was picked to fill a vacancy on the town board three years ago. Then, when the Supervisor position became vacant mid-term, he was appointed to that position.

In his statement, Felton said he wasn't an eager candidate for another two-year term from the beginning.

"Earlier this year, I met with the Republican committee and hesitantly agreed to fill another two-year term, if and only if they could not find anyone else qualified for the position," Felton said. "After our meeting, I was endorsed by this group. Since that time another individual has expressed his interest in the position, and as you know, both he and I will be on the ballot in November. "

If Felton wins the race, he said, the board will have to appoint a replacement. He will not serve as supervisor in 2010, he said. Rather than deal with the politics of the position, Felton said he would rather spend more time with his family and on his career.

Full statement after the jump:

I would like to enter these comments for the record.

My priorities are and will remain to be family first, profession second, and community third. Three years ago, I was elected to fill a vacancy on the Town Board, after a year and 9 months I was appointed to fill the vacant position of Town Supervisor. These terms both end 12/31/09. Earlier this year, I met with the Republican committee and hesitantly agreed to fill another two-year term, if and only if they could not find anyone else qualified for the position. After our meeting, I was endorsed by this group. Since that time another individual has expressed his interest in the position, and as you know, both he and I will be on the ballot in November. 

Over the last few weeks, there have been a series of events that have discouraged me greatly with this position, and in order to combat the negativity of a handful of individuals in the Town, I will need to spend considerably more time defending the half truths and misinformation that this group has the time to spread in the community.

In addition to my full-time employment, I have spent 10-20 hours/wk in my capacity as Supervisor (mostly evenings and weekends), and with the assistance of this Board, we were able to make some positive change for the Town. There is a tremendous amount of work that still needs to happen in order to improve this Town. With that said, I wish to inform the public that I will complete my term through 12/31/09 but I will not be your Supervisor in 2010. I plan to spend more time with the two things in my life that bring me great joy and satisfaction — my family and my profession. If the community votes for me, it will be up to the Board to appoint a person to this leadership position, as it is too late to remove my name from the ballot.

I wish you all well and thank you for allowing me to serve you.

Today's Deals: Adam Miller, Present Tense Books, Delavan's and more

By Howard B. Owens

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.

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate 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.

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.

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.

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

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Gerace: Local Republicans not involved in release of Christian e-mail

By Howard B. Owens

Local Republicans want nothing to do with Tim Paine's release of a Rose Mary Christian e-mail in which Christian tells fellow council members about her termination from Wal-Mart 20 months ago.

Joe Gerace, chairman of the City Republicans, called this morning and was adamant that The Batavian publish a statement from him saying that neither City nor County Republicans had anything to do with Paine's decision to release the e-mail.

"It's personal," Gerace said. "This is between Rose Mary and Tim Paine and we have nothing to do with it."

"I don't like her philosophy, but Rose Mary and I are good friends," Gerace said. "Why would I get involved in a thing like this?"

Gerace said he doesn't like mudslinging and doesn't like to see local Republicans involved with such tactics.

"I don't condone dirty politics, dirty tricks," Gerace said.

When contacted this morning, Christian's Republican opponent Bob Radley was unaware yet of the issue. He said he had heard rumors, but it really wasn't something he was interested in pursuing.

"I'm not into talking about people's personal lives," Radley said. "That's not the way I want win an election. I want to win an election on the issues, not based on what my opponent has done."

Former Democrat releases potentially damaging Christian e-mail because 'It's personal'

By Howard B. Owens

Tim Paine, who lost a Ward 4 council race to Bob Bialkowski two years ago, thinks Rose Mary Christian is personally responsible for him not being part of the Democratic slate this year.

He blames Christian for bringing candidate Julie Wallace into the fold and promoting her to other committee members, thereby costing him a chance to win a council seat. He believes he would've gotten more votes than Wallace, and more than the Republican with the fewest votes, too.

"I honestly feel I might have been the top of the ticket," Paine said, "and as hard as I work, I think I could have grabbed that third spot."

So tonight, he made no bones about seeking some payback and released to The Batavian and the Daily News a 20-month-old e-mail written by Christian and sent to her fellow City Council members. The Feb. 16, 2008 missive explained why she was fired from Wal-Mart.

The gist of it is that she and two other workers ate pieces of coffee cake from a damaged box that was going to wind up in the trash.

Christian was accused of violating store policy by opening the coffee cake package for another employee and then eating a small portion of it along with that employee and another worker.

When confronted by a store manager, Christian refused to give up the names of the other employees involved and she was terminated on the spot.

Here's the e-mail Rose Mary sent to all eight of her council colleagues, as well as City Attorney George Van Nest:

I want you to know that I was terminated by Wal-Mart for the following reason. I with two other girls ate a piece of coffee cake that was damaged. I opened the side of it and pulled it out. The girl who also ate some of it told on me. Almost a week later, my boss was told about it. When confronted, I would not tell who the other girls were. I was guilty of eating a piece of it, and was terminated. In case you hear it from someone else, I did it. Ro

(This e-mail was edited for typos only.)

For his part, Paine says flatly, releasing the e-mail "is personal. This is strictly a personal thing."

He takes umbrage with those who might minimize the importance of the issue.

"I can't tell you how much it pisses me off when people say, 'it was just a piece of coffee cake,'" Paine said. "How much will it be next time? Well, it was big enough that Wal-Mart fired her."

Large national retailers routinely terminate employees for even the most petty of infractions. There's no opportunity for appeal and no explanation will suffice. It's simply a zero-tolerance policy.

As the e-mail above indicates, Christian has no problem admitting she broke a rule -- though she says she was unaware of the policy at the time.

She said a girl who worked at the store came in to start her shift and said she was hungry, and Christian told her, "there's a damaged coffee cake over there." The girl started to stick her finger into the package and Christian said, "Don't do it like that. You don't know who's fingers have been in there." Christian then opened the package for her. At that point, they each took a small piece of the coffee cake as did a third employee.

Christian (electronically) scanned the package so the coffee cake would be reported as damaged inventory before it was thrown away.

Christian is the Democratic candidate for the District 7 County Legislature seat, running against Republican Bob Radley. She has represented Ward 6 for 18 years, and remains -- by all accounts very popular in her ward. We are told her nickname in that neighborhood is "Mayor of Ward 6."

Political observers we've spoken to suspect that in Ward 6, her unwillingness to "rat out" her co-workers will play well with voters. But in the more conservative Ward 1, the idea that she stole anything whatsoever may be all voters remember at the polls.

Christian said she doesn't want to be seen as a hero for not telling managers the names of the two other employees. She broke policy and was terminated. That's that.

She did say, however, that when Wal-Mart tried to fight her eligibility for unemployment, a judge ruled that she had been unfairly terminated and awarded her unemployment benefits, which she did receive for a time. She plans to make a letter confirming that decision public as soon as she obtains a copy.

Christian was taken aback to learn that Paine had a personal issue with her. She said she had no idea until this came up today that Paine was mad at her. She said although she introduced Wallace to the Democrat Committee, she had nothing to do with Wallace getting the nod over Paine.

"This is a figment of his imagination," Christian said.

She also noted that Paine dropped out of contention on his own, which Paine confirms.

Two weeks ago, Paine re-registered as a Republican.

Christian accused City Council President Charlie Mallow and Paine of conspiring to leak her old e-mail to the media -- even though she admits she had no expectation that it would remain private when she sent it. She said Paine must have gotten the e-mail from Mallow.

It's unclear how Paine obtained the e-mail. He initially said he got it from Mallow, but later denied it and said -- and Mallow concurs -- that the e-mail was shared with all City Democrat Committee members and discussed extensively at the time by the committee.

"We were trying to decide what we should do about it," Mallow said.

He said earlier that he wants nothing to do with the spat between Paine and Christian, calling them both friends.

"It's personal and it's why I don't want to have anything to do with politics," Mallow said. "It's one person against another person and they both happen to be my friends. It's like watching two friends fight in a schoolyard. What are you supposed to do?"

State asks Obama to overturn FEMA denial of local disaster aid

By Billie Owens

New York is appealing last month's decision by the Federal Emergency Management Agency (FEMA) to deny disaster assistance to five counties, including Genesee.

The state's formal appeal asks President Obama to overturn FEMA's denial and provide aid to Genesee, Columbia, Delaware, Rensselaer and Sullivan counties for damages suffered from storms that occurred from July 25 through Aug.16.
 
Damage, debris and response costs in the five counties exceed $7 million, according to a press release from Tim Yaeger, coordinator of Genesee County Emergency Services.

“The...counties are reeling from this summer’s flooding and storms, which have caused severe damage and hardship,” Gov. Paterson said. “The repetitive nature of these events has strained local governments’ ability to implement the recovery process and placed a severe fiscal burden upon the state and its local communities.” 

FEMA maintains that Genesee and the four other counties sustained infrastructure damage that was "not of the severity and magnitude" to warrant a separate disaster declaration (from a storm system that hit Cattaraugus, Chautauqua, Chenago, Cortland and Erie counties).

But the state argues that New York had the wettest summer in 138 years and the third wettest in recorded history. The National Oceanographic and Atmospheric Administration reported rainfall greater than 200 percent above normal for July.

The U.S. Department of Agriculture calculated soil-moisture content in excess of 500 percent above normal range in the five counties named in the appeal. This super-saturation of the soil resulted in "immediate significant rises in creeks and streams for even minor rainfall amounts."

“A failure to provide this desperately needed support to some of our most impoverished counties will leave them vulnerable to increased damage from even moderate future flooding events," Patterson said.

Corfu's damage assessment was found to be $246 per capita for Genesee County. That's well in excess of the per-capita threshold for aid established by federal law and cited in FEMA’s own preliminary damage assessment.

Damage and debris/response costs for all 10 counties affected by the summer storms is estimated at more than $60 million.

Kids love fire trucks

By Howard B. Owens

Members of the Batavia City Fire Department brought Ladder 15 over to the parking lot of Richmond Library this morning where a group of pre-schoolers were able to meet firemen, get a look at all the truck's equipment  and slide onto the driver's seat.

UPDATE: We've received a couple of e-mails: This event was sponsored by the Genesee Region Insurance Professionals.

Police Beat: Person allegedly barred from College Village found hiding under bed

By Howard B. Owens

Kenardo Roshay Fields, 19, of 7 Watson St., Batavia, is charged with trespass. Fields was reportedly banned from College Village and was found there yesterday at 11:38 p.m. hiding under a bed.

Arnold D. Jock, of Hogansberg, is charged with trespass, obstructing governmental administration, resisting arrest, and disorderly conduct/fighting. Jock was arrested by State Police at the Holiday Inn on Park Road, Town of Batavia, at 6:12 p.m. yesterday. No further details are available.

Joshua L. Baltz, 33, of Batavia, is charged with petit larceny. Baltz was arrested by State Police in the Town of Batavia at 10:33 a.m. on Oct. 15. No further details available.

Jesse P. Boop, 20, of Avon, is charged with unlawful possession of marijuana. Boop was arrested by State Police yesterday at 10:15 a.m. in the Town of Bethany. No further details are available.

Gary J. Dempsey, 42, of Le Roy, is charged with criminal contempt and disorderly conduct. Dempsey was arrested by State Police in Le Roy at 11:11 a.m. yesterday. No further details are available.

Support The Batavian by supporting our sponsors

By Howard B. Owens

The businesses who support The Batavian are local businesses who also support the community in many other ways, from contributions to various community organizations, to owners and managers serving on community boards, to involvement in service clubs. Local businesses are an important part of any community. Please consider eating at a locally owned restaurant or buying from a locally owned retailer first.

Also, we would like to thank the candidates from both parties for county and city offices for putting their faith in The Batavian to help get their message out. Please be sure to vote on Nov. 3.

Here's our sponsors. Please patronize these businesses and let them know you appreciate their support of your favorite local news Web site.

3 D Wine & Liquor
Adam Miller Toy and Bicycle
Affordable Floor Covering
Alex's Place
Amelia's Antiques and Collectibles
Anglican Community Church
Barrett's Batavia Marine and Sporting Supplies
Batavia Cycle Center
Batavia Downs Casino
Blue Pearl Yoga
Bonarigo & McCutcheon
Bontrager's Auction
Carlson's Studio
Castilone Chrysler, Dodge, Jeep
Cedar St. Sales and Rentals
Center of Attention Auto Spa
Center Street Smokehouse
Charles Men's Shop
Classic Home Improvements
Clor's Meat Market
The Color Salon
Crazy Cheap Cars
D&R Depot Restaurant
D'n'R Fireplaces and Stoves
Delavan's Restaurant and Tavern
The Enchanted Florist
Fastec Automotive
Genesee Dental Group
Genesee Feeds
Great Kutz
Herbly Wonderful
Holland Land Office Museum
House of K
The Insurance Center
Jackson St. Grill/Belladessa's
Kravings Kafe
Lamb Family Medicine
Lewis and Lewis
Main St. Pizza Company
The Mane Attraction
The Manor House
Mark Lewis Agency
Matteo & Mullen, CPA
Matty's Pizzeria
Max Pies
Movies in Motion
O'Lacy's Irish Pub
Oliver's Candies
Optique
Pauly's Pizza
Pellegrino Auto Sales
Present Tense Books
Pudgie's Lawn and Garden Center
Reeb Family Moving
Roxy's Music Store
Select Collision
Settler's Family Restaurant
Small World Realty
South Main Country Store
Southside Deli
Suzanne Interiors
T.F. Brown's
Total Image Hair Salon
T-Shirts Etc.
Valle Jewelers
Vintage & Vogue Inspirations

Today's Deals: Delavan's, Great Kutz, Settler's, Herbly Wonderful, 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.

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).

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.

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.

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

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.

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

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Tips on safe driving when deer are out and about

By Mark Lewis

When people get ready to walk across a public road, they usually look both ways first to see if any motor vehicles are coming. Unfortunately, this isn't the case with animals, including certain large ones.

Too often, the result is a motorist's nightmare: a collision with a deer, moose or elk. The animal usually comes out second-best in this type of close encounter, but the toll on vehicles and their occupants can also be substantial.

According to the Insurance Institute for Highway Safety, more than 150 people die in animal-vehicle collisions each year. The Insurance Information Institute estimates some 1.5 million such collisions cause about over $1 billion in damage annually.

While animal-vehicle collisions can happen any time of year, fall is the peak season for deer-car crashes. That's mainly because autumn is both mating season and hunting season, so deer are more active and more likely to roam beyond their normal territory.

No foolproof way has been found to keep deer, moose and elk off highways and away from vehicles. Deer whistles have their advocates, but the Insurance Institute for Highway Safety says there's no scientific evidence to support claims they work as intended. Some studies suggest roadside reflectors - designed to reflect light from vehicle headlamps and cause deer to "freeze" rather than cross the road - reducing crash frequency to some extent.

There are ways you can lessen an unplanned meeting with a deer, moose or elk. Here's how:

  • Be aware of your surroundings. Pay attention to "deer crossing" signs. Look well down the road and far off to each side. At night, use your high beams if possible to illuminate the road's edges. Be especially watchful in areas near woods and water. If you see one deer, there may be several others nearby.
  • Be particularly alert at dusk and dawn, when these animals venture out to feed.
  • If you see a deer, moose or elk on or near the roadway and think you have time to avoid hitting it, reduce your speed, tap your brakes to warn other drivers and sound your horn. Deer tend to fixate on headlights, so flashing them may cause the animal to move. If there's no vehicle close behind you, brake hard.
  • If a collision seems inevitable, don't swerve to avoid the animal; your risk of injury may be greater if you do. Hit it, but control the vehicle. Report the crash to the police.
  • Always obey the speed limit and wear safety belts.
  • Being alert at all times while driving is your best defense against any type of accident.

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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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