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A proposal to consolidate Batavia's city and town governments is moving forward again.

It appeared that the consolidation effort stalled in August when, on a motion by Councilman Sam Barone, the city council voted 5-4 to table a resolution calling for a public hearing on the process.

Last night, again on a 5-4 vote, the council passed a resolution to apply for a grant to fund creation of a new city charter for a consolidated government and to sign an agreement with the town to appoint a consolidation task force.

The council members who opposed moving forward with the task force and charter process -- Bill Cox, Sam Barone, Rose Mary Christian and Bob Bialkowski -- said they didn't want to see any further effort wasted on talk of consolidation without a clear understanding that people in both jurisdictions wanted bring the city and town together.

Bialkowski asked if a referendum could be held, but City Manager Jason Molino said there were no provisions in state law to allow for a referendum vote without first writing a charter, so Cox asked if maybe the three local media outlets could conduct a survey.

Speaking in favor of moving forward, Councilwoman Kathy Briggs said, "We’ve got to have the facts. We’ve got to have the pros and cons. There are a lot of people who are undecided because they don’t have the facts.”

Councilman Frank Ferrando said he didn't think the public had enough information to make an informed decision just yet about consolidation. He said he didn't have enough information to make up his own mind. He isn't sure it really will save money, but if there is a chance it will, it needs to be studied further, he said.

"We’ve got to start looking into ways to save the taxpayer money," Ferrando said. "We’re not going to do it staying the way we are. We’re just going to keep spinning wheels and we’re going to be breaking people. We’re going to be taking them down further and further and further. I think this deserves study, clear understanding, before we put it to our citizenry to a vote."

Barone disagreed, saying, "I think the information (in previous public meetings) was very well presented."

Cox and Bialkowski said they had doubts about whether consolidation would really lead to much cost savings, noting the previous 12-month study found only $78,000 in potential cost savings.

After the meeting, Molino told reporters that, actually, the study found a potential of $245,000 in savings. Plus, an extra $820,000 in state aid would be available to a consolidated municipality.

The available state grants would provide the task force/charter review committee with $49,500, most of which would cover legal fees associated with writing a new charter. The city and town would each need to contribute $2,500 to the process.

Bialkowski said he was concerned that pursuing consolidation further would be like pouring more taxpayer money down the same hole and at the end of two years, nothing would be accomplished.

The proposed commission would be comprised of four city residents and four town residents, who could not be elected officials, government officials nor their spouses. The appointees would be selected by a joint city-town committee consisting of the council president, the town supervisor and two council members from each body.

Council President Marianne Clattenburg spoke in favor of consolidation saying that it's an obvious waste of resources to have two government bodies providing identical services.

“You talk about shared services, but what’s the ultimate shared service but consolidation, so you don’t have one government entity over here and then five miles away they have a whole other government," Clattenburg said. "The idea is to put them together to save money. It’s not talking about what’s the state going to give us next year.

"It’s about what’s going to happen five, 10, 20 years from now. As the town grows, their administrative costs are going to go up. If they expand, and we hope they do, because it’s good for everybody, then those costs are going to start to get to be as big as ours."

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week  session (one class per week), which is a $56 value, for $28. (New sessions start March 1)

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.

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.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 eac

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.

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.

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.

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: The Batavian is able to offer a limited number of reduced price hair cuts for children under 12. Click Here for details of the offer and to purchase vouchers.

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BATAVIA, NY --- A fourth person has been arrested in connection with a residential burglary on State Street that occurred Sept. 1 in which household items and a car were reportedly stolen.

Taken into custody by Batavia Police detectives yesterday morning was Quentin L. Gibson, 25, of 27 Richmond Ave. He was charged with burglary 2nd.

Previously arrested in connection with the alleged burglary were Reginald M. Wilson, 37, Dillon M. Brito, 19, and Joseph D. Dash, 24.

The City of Batavia will not immediately replace Youth Bureau Director Patricia Dieck, who retires resigned effective March 3, after 25 years of service.

Last night, City Manager Jason Molino asked the city council to allow eight months to study Youth Bureau operations and come up with a plan to reorganize it. The council concurred.

Over the past year, state aid to the program has decreased 30 percent.

"Also, there have been several attempts to shift all local aid from municipalities to counties in supporting more mandated programs," Molino wrote in a memo to council. "These efforts have not been pursued in the current Executive Budget issued by the Governor, however, future cuts in aid have been proposed."

State aid makes up 13 percent of the Youth Bureau budget and Molino said the city should understand these programs better before deciding on their future.

Last week, Dieck told The Batavian news partner WBTA that the idea of consolidating the city's program with the county's has come up at least three times in the past, but city residents have demonstrated that they want the city to have its own program.

"The agency has been here 50 years," Dieck said. "I believe it's the only free program for our young people in the city. We've considered charging small fees, but we don't want to deny young people any services or activities."

The Youth Bureau has four employees, two full-time and two part-time. During the next eight months, the current youth coordinator will act as director and one part-time staff member will be given a temporary full-time position to help ensure the bureau completes its scheduled programs, especially through its heavy summer schedule.

Molino said the City's Youth Board will be consulted throughout the study process.

UPDATE 10:24 p.m., Tuesday: Patricia Dieck wrote this evening to ask for two corrections on this post. First, she resigned. It's not a retirement. Second, she served the city for 25 years (not 23 as we originally reported).  I asked her why she resigned, and here is her response:

I do wish I could have retired with the city, but it didn't seem to be in the cards for me.   I am resigning because I need a job where I can feel like I can make a difference.  I don't see an end in sight for the budget issues on state and city level which is having an unfortunate impact on youth programs.  I've been thru the Youth Bureau study at least 4 times over my career.  I really don't want to waste any more of my time or city time on this issue nor do I need the stress that is associated with it.  I took my job seriously and loved what I did, but when it gets to the point that you are not enjoying it or not feeling appreciated, it's time to get out.    For the most part, I have thoroughly enjoyed my job and know I have made a difference in the lives of young people in our community. 

In her initial e-mail to us, she said:

And the Youth Bureau budget has taken almost 30% cut in state funding between 2008 and 2009. There is no proposed cut in state funds for 2010.

As for the article about the City Budget, Councilperson Christian says she refers to "the high cost of youth services".  not sure that I would say the less than 1% of total city budget allocated for young people can be considered "high".

The much-disputed sale of a tax-foreclosed property at 9 Willow St., Batavia, reached a resolution tonight as the city council approved the sale of the house to Stafford resident Tom Englerth.

He was the second-highest bidder for the property -- contrary to a previously published report by the Batavia Daily News that Habitat for Humanity placed the second-highest bid -- with a bid of $20,500, which was $500 less than the highest bid by Michael Pullinzi.

Pullinzi's bid was rejected by the council two weeks ago for apparently having been cited too many times for code violations. (Pullinzi has noted that his violations are not nearly as numerous as some local landlords and that some of the alleged violations were actually on neighboring properties.)

The contentious decision carried over to tonight's meeting as Councilman Bob Bialkowski asked the council not sell the property to Englerth, but instead re-auction the property at an upcoming county auction.

Bialkowski's motion failed 2-7 with only Councilman Sam Barone backing the motion.

“It’s unfortunate that nobody asked the high bidder what his intention for the home was," Bialkowski said, noting that Pullinzi has previously gutted and remodeled homes on North Lyon and in Le Roy and is current converting a two-family apartment building into a single-family residence on Fisher Park.

Council President Marianne Clattenburg expressed concern that since Englerth had probably been notified of the council's pending vote, to switch directions at the last minute might expose taxpayers to a costly lawsuit.

Councilwoman Kathy Briggs also showed some exasperation with Bialkowski's motion.

"We didn’t accept the first one, now the proper procedure is, we go to the next bidder," Briggs said. "End of discussion."

Councilman Frank Ferrando spoke at length for the council to come up with a better policy for dealing with the sale of tax-deliquent properties.

“I don’t know what alternatives we have, but there have to be better alternatives relative to the vision we have to make our neighborhoods better," Ferrando said.

Ferrando didn't expect an answer tonight from City Manager Jason Molino, but he asked him what the city was doing to hold tenants more accountable, echoing a theme of a recent story on The Batavian.

After Bialkowski's motion failed, the council voted unanimously to sell the property to Englerth.

Pictured, Bialkowski, top, and Briggs.

Another rollover accident has been reported in the Pembroke section of the New York State Thruway.

The caller does not believe the driver was injured.

The accident was reported in the area of mile marker 394.5, eastbound lane.

East Pembroke Fire and Mercy EMS have been dispatched.

UPDATE 11:36 p.m.: A first responder reported finding the car on its roof, but Mercy EMS has been cancelled. The driver said he doesn't require medical treatment.

It's unknown if there are injuries after a car hit a utility pole in the area of 1139 Casey Road, Basom.

Alabama Fire and Mercy EMS have been dispatched.

UPDATE 11:17 p.m.: National Grid requested to the scene. The pole is snapped in two. There is a transformer on it. Mercy EMS put back in service. The driver was not injured. No passengers.

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A low pressure zone moving from Lake Erie to Lake Ontario is bringing snow and a winter mix to Western New York and the National Weather Service has issued a weather advisory.

Rain and a freezing drizzle overnight will make untreated roads quite slippery and caution when driving is recommended.

The advisory is in effect from midnight until 6 a.m.
 

Sparks and flashes are reported coming from a residence in the Dreamland Trailer Park, 3522 W. Main St. Road, West Batavia.

The house is described as a white house with a fence.

East Pembroke Fire is responding.

An assistant fire chief on location, "nothing showing."

He reports the house to respond to is the main house in Dreamland.

He reports wires on a pole crackling, but nothing in the house. "I don't see anything, but I can hear it out here."

UPDATE 9:20 p.m.: Wires are reportedly arcing. National Grid requested to the scene. A standby from Corfu has been request to go to the East Pembroke Hall. Town of Batavia also requested to stand by.

UPDATE 10:02 p.m.: Town of Batavia told to stand down.

The prediction of snow today is just starting to come true -- there's some light flurries outside. The chance of snow in the 2 p.m.hour is put at 80 percent, but drops off quickly, as does the temperature.  We should drop from about 35 degrees to 31 by early evening, and then the temperatures creep back up to the mid-30s after 9 p.m.

There could be more snow this evening.

There's about a 30 percent chance of precipitation throughout most of tomorrow, with the chance of snow changing to a chance of rain by 3 p.m., when temperatures are expected to hit about 38 degrees.

Weather.com's 10-day forecast has temperatures in the 30s with varying degrees of possible rain or snow.

Photo: The Genesee Valley plows through a small snow bank at Harvester Avenue as it passes the Harvester Center.

A Batavia man admitted in Genesee County Court this morning that on Aug. 31, he got drunk, got mad and wound up hurting his own 4-year-old son after he threw a chair at another person, striking his son instead.

James S. Nottingham Sr., pled guilty to attempted assault 3rd, DWI and aggravated unlicensed operation.

The attempted assault charge requires the prosecution to prove that Nottingham intended to hurt another person. Judge Robert Noonan made sure that Nottingham understood his right at trial to use his intoxication as possible proof that he wasn't aware that his actions might cause serious injury.

The charge is a felony and serves as his second felony for purposes of sentencing.

Nottingham, 30, who finished ninth-grade, admitted to a felony count of criminal mischief in 2005. He also had a DWI conviction in Batavia City Court last year.

Attorney Gary Horton asked to have Nottingham released under supervision, but Noonan denied his request and continued his bail.

In the Aug. 31 incident, Nottingham said he threw the chair at Warren Cotton.

Michael A. Jamil, 26, of 10 Prospect Ave., Batavia, is charged with following too closely, aggravated unlicensed operation 3rd, uninspected motor vehicle and unauthorized use of a vehicle 3rd. Jamil was arrested following a three-car accident at 11:40 a.m. Thursday. Jamil was reportedly driving westbound on Main Street and struck another car, which pushed that car into a third vehicle. A passenger in one of the vehicles, Amber L. Blanco, 19, was transported by ambulance to UMMC, complaining of abdomenal pain. Further investigation by Officer Jason Davis revealed that Jamil allegedly took the vehicle he was driving without the owner's permission.

Cole Y. Holstein, 25, of 2129 Angling Road, Pembroke, is charged with unlawful dealing with a minor. Holstein is accused of hosting a large underage drinking party. He was arrested at 12:30 this morning.

Jenna J. Condoluci, 19, of 230-A W. State St., Albion, is charged with petit larceny. Condoluci was arrested on a failure to appear warrant out of Batavia City Court after she had been scheduled for arraignment on Jan. 5 on a petit larceny charge. Condoluci was in Monroe County Jail on an unrelated charge and was taken into custody by Officer Kevin Defelice upon her release. Condoluci was jailed on $500 bail.

Stephen C. Hawley, 22, of 775 Main St., Apt. 509, Buffalo, is charged with DWI, aggravated DWI (operating with a BAC of .08 or greater), operating on median, speed not reasonable and prudent. Hawley was taken into cusody following a property damage accident near the intersection of East Main Street and Clinton Street. Hawley allegedly made a left-hand turn onto Clinton, driving onto the median and striking a pedestrian crossing light pole. Neither Hawley nor his female passenger were injured in the accident.

Michael R. Malicki, 19, of 9620 Vermont View Road, Machias, is charged with unlawful possession of marijuana. Malicki was arrested at 1:07 a.m. Saturday, by Officer Frank Klimjack.

Tammy Jean Wolfley, 41, of 3021 Sprague Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in no passing zone, and throwing refuse on a highway. Wolfley was arrested at 3:21 a.m. Sunday, following a traffic stop by Deputy Jason Saile.

Bradley C. Frederick, 47, of 500 Walnut St., Lockport, is charged with DWI, driving with a BAC of .08 or greater, speeding (67 mph in 40 mph zone). Frederick was stopped by Deputy Tim Wescott at 8:40 p.m. Friday, or allegedly failing to dim headlines and speeding on Route 63 in Alabama.

Wayne M. Smith, 59, of 9780 Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and driving with no or inadequate headlights. Smith was stopped at 10:44 p.m. Friday, by Deputy James Diehl on West Main Street Road, Batavia.

Accidents from the State Police blotter:

1:27 p.m. Feb. 20, Walmart parking lot, Batavia, two vehicles; Driver 1: Daniel W. Shea, 49, of Batavia; Driver 2: Lloyd E. Hall, 56, Le Roy. No injuries reported.

A two-car accident with injuries has been reported in the area of 72 River St., City of Batavia.

City Fire and Mercy EMS are responding. City Police, on scene.

UPDATE 7:10 p.m.: Mercy EMS reports, one patient.

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The Farmworker Fair Labor Practices Act, also known in these parts as the "farm death bill," will be the subject of a public hearing March 1 by the State Senate Agriculture Committee.

Sen. Darrel Aubertine (D-48) chairs the ag committee and requested the hearing after the bill, S-2247-B, passed the Senate's labor committee.

Aubertine told the Syracuse Post-Standard:

“This hearing will enable us for the first time as a committee to listen to the concerns of both the advocates for this bill and the farmers who will bear the responsibility of adhering to its new regulations,” said committee Chair Sen. Darrel Aubertine.

“We need to better assess the impact of this bill and be sure that we have the facts regarding how this bill will affect our economy, our farm workers and our family farms. We’ve lost more than a farm a day in New York State over the past 30 years and there’s no question that we cannot afford to lose another industry, especially agriculture, which is a cornerstone of our economy,” he said.

Opponents of the bill say it will devastate New York's 35,000 family farms, driving up costs and causing many farm workers to earn less.

The bill could also increase the costs of farm goods for consumers.

In an e-mail, Aubertine invited interested parties to submit testimony on the bill, which he said subjects farmers to new, complex mandates presenting a yet-undetermined impact on New York's food supply.

About the hearing, Aubertine wrote:

The Agriculture Committee will be hearing testimony on the proposed Farmworker Fair Labor Practices Act on March 1st in Hearing Room A of the Legislative Office Building. While there is limited availability to provide oral testimony, I encourage you to share written testimony with the committee. If you would like to provide testimony on this topic, please contact Sarah Blood, Senate Agriculture Committee Director, at 518-455-2761 or blood@senate.ny.us by February 26. Please also provide a copy of your testimony to the committee no later than February 26. The Hearing will be streamed live via the the Senate Website starting at 9:00 AM.   

According to Wikipedia, Aubertine is a dairy farmer. He represents a primarily Republican, agriculture district. He is the only working farmer currently in the Senate.

A snowmobiler in the area of Colby Road and Route 20 in Darien has reported finding a tractor on fire in a manure pile.

Darien Fire is being dispatched.

UPDATE: Darien chief reports a loader fully involved.  The fire is behind a barn where Darien had a hay bale fire a few years ago.

UPDATE 11:00 a.m.: Darien command reports the fire is knocked down. They're waiting on another tractor to pull the loader from the pile.

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Sunday should bring some sun, with highs hitting 31. Enjoy it while you can. There's an 80-percent chance of snow on Monday afternoon. While Monday's temperature could hit 35, winds might top out at 35 mph.

We can look forward to highs in the mid 30s on Tuesday and Wednesday with some chance of rain or snow showers, and maybe some patches of snow.

Photo: The silo above is located on Asbury Road in Le Roy. The photo was shot late Saturday afternoon.

An Oakfield woman suffered non-life-threatening injuries Friday morning when her car slid off Lewiston Road in Alabama, striking a guardrail and utility pole.

The accident report filed by Deputy Loni Nati states that Rebecca L. McDonnell was traveling "at an unsafe speed in slush," but the report does not mention any traffic citations.

The 47-year-old McDonnell, of 4-6 Stevens St., Oakfield, was hurt when her car turned onto its side.

The accident occurred at 7:08 a.m.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. 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.

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.

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.

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

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.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 eac

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: The Batavian is able to offer a limited number of reduced price hair cuts for children under 12. Click Here for details of the offer and to purchase vouchers.

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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