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Amanda T. Sterzick, 37, of 3 Maple St., Batavia (pictured), allegedly sold 20 hydrocodone pills to an undercover agent with the Genesee County Local Drug Task Force. Sterzick has been charged with criminal sale of a controlled substance. At the time of her arrest, she had $1,237 in cash. She is held in Genesee County Jail without bail.

Jarrett M. Hoffman, 20, of 9307 Asbury Road, Le Roy, is charged with unlawful possession of marijuana and aggrevated unlicensed operation of a motor vehicle. Hoffman was stopped for allegedly making two turns without a turn signal. He was issued an appearance ticket and released.

UPDATE: Just in:

Timothy O. "Cricket" Lee, 28, of 20 Ross St., Apt. 2, Batavia, is accused of selling crack cocaine while being observed by members of the Genesee County Local Drug Task Force. At the time of his arrest, Lee allegedly had $1,840 in cash. Lee is charged with criminal sale of a controlled substance and unlawful possession of marijuana. He is being held without bail.

Tankers and crews are being dispatched as mutual aide to a house fire in the Town of Alden.

The fire is reported at 12773 Uebelhoer.

Manpower and equipment is being requested from Corfu, Darien and Pembroke.

UPDATE: A reader reports that it shoulds like two structures are on fire. He sends along a link where you can listen to Erie County fire dispatch online. iTunes is required.

UPATE II: Lucille notes in comments, WBKW reports that at least one person is dead at the fires.

UPDATE III: Beth Kinsley provides this link: Sibling dispute ends in suicide.

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Today: Two great opportunities for great meals at a discount!

Batavia Downs Grandstand Bar & Grille: Dine and play at one of Batavia's most popular entertainment venues.

T.F. Brown's: Take in a game, catch up on scores or just enjoy an exquisitely prepared meal.

Each gift certificate is valued at $25 and available today for $12.50 each, plus a $1 PayPal service fee.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Batavia Downs Grandstand Bar & Grille

SOLD

T.F. Brown's

SOLD

Philip H. Rebmann, of Corfu, reportedly fell asleep while driving on Fargo Road in Darien around 3 p.m. yesterday, according to a Sheriff's Office accident report. His 2001 Olds two-door sedan traveled off the road, hit a rock, continued over a private driveway and slammed into a tree.

Rebmann, 65, complained of chest soreness, but was not transported to the hospital.

The vehicle was registered to a Darien Center woman. 

Initial reports said the driver claimed his car had been run off the road.  A passerby had taken him to a nearby residence.

The first round of reports on the proposed consolidation of the town and city are now available:

• First Report to the Community — A Vision for One Batavia
• PP Presentation to City Council & Town Board 6-1-09
• Public Forums to be Held June 18 & June 30
• Press Release 6-1-09 — A Vision for One Batavia

Business First takes a look at tax-relief recommendations encouraging mergers between smaller school districts, and comes up with a list of 13 potential consolidations in WNY, among them Elba and Oakfield-Alabama.

Elba/Oakfield-Alabama

Enrollment is 35 percent lighter in Elba (537 students) than in any other Genesee County district. The closest option for consolidation is 10 minutes down the road in Oakfield-Alabama (990). The resulting district (1,527) would still have fewer students than nearby Batavia.

Political candidates: I've put together a special rate card for the political season now upon us. There is a definite advantage to acting quickly (essentially, buy an ad before July 1 and get a month or more of free advertising -- the sooner you act, the more you save).

Write to me, howard (at) thebatavian dot com and I'll reply with the rate sheet.

The city Democrats have lined up behind three candidates for Batavia City Council in the November election.

All three are running for at-large positions.

Getting the endorsements are Sarah Burk-Balbi, Phil Ricci and Julie Wallace.

For the County Legislature, the Democrats are backing Chris Charvella (District 8), Rosemary Christian (District 7) and Edward DeJaneiro, Jr (District 9).

Ward 2 City Council represenative Marianne Clattenburg is getting the GOP nod for a Batavia at-large council position in the November election.

The GOP met tonight and endorsed Clattenburg, as well as incumbents Frank Ferrando and Tim Buckley.

If Clattenburg won the at-large seat, under council rules, a Republican would be selected to assume the remainder of her Ward 2 term.

Tune in to WBTA in the morning for more coverage of the endorsements.

City Manager Jason Molino submitted two letters detailing the hiring process that led to the appointment of Tom Dillon as interim fire chief last year, as well as how Dillon would be replaced, but the NYS Civil Service Commission still denied the city's request for a 211 waiver because of insufficient detail, according to documents obtained by The Batavian today.

"The Municipal Service Division recommends that the State Civil Service Commission disapprove this request for lack of details on the results of the interviewing process," writes state staff in its recommendation to the commission.

The recommendation contradicts the detail on recruitment efforts and interviewing contained in two letters, with attachments, provided by Molino to the commission. One letter was submitted Oct. 8, 2008 and another on Jan. 16, 2009, four days before the commission notified Molino the city had not responded to its request for more information.

"We sent them everything they asked for," Molino said in an interview this afternoon.

Dillon resigned as fire chief last month after the state ruled that he could not continue to receive his pension from his 29 years with the Rochester Fire Department and draw a full-time salary in Batavia.  The city sought what is known as a 211 waiver, which is designed to help local governments fill vacant positions, especially on an interim basis, with retirees.

Molino attributed the denial of the waiver more (as we covered in a previous post) to a change in the state's willingness to grant 211 waivers.

"The whole point of the 211 process, it was created for interim positions for temporary periods of time and what's happened over the years is people have taken interim positions and turned them into permanent ones," Molino said.

The commission was told, Molino noted, that Dillon's appointment was intended to be temporary because at the beginning of the process, there was still some thought that the charter review process might led to a unified chief executive for police and fire (it turns out that isn't permissible under state law).

The city wanted to keep Dillon on until either a unified position was created or a civil service test for the position could be administered in January 2010.

"The other part of it was we weren't going to fill it permanently until this charter review was completed, and if there was a change in direction, we would change with it, otherwise, we would move forward with the test in January," Molino said.

The documents also reveal that prior the appointment of Dillon, all four Batavia Fire captains were considered for the position, but none were eligible for promotion.

The Batavian made its initial FOIL request the documents related to the city's waiver request a month ago. The FOIL request was fulfilled today.  Here are the documents (large PDF file).

The girlfriend of Joseph Benaquist told authorities the night Benaquist was killed in the driveway of his Pembroke home that Benaquist and murder suspect Scott Doll had a "troubled transaction" involving two vehicles, according to court documents filed with the County Clerk's office late this afternoon.

The revelation is contained in an opinion issued by Judge Robert C. Noonan, answering several motions filed by Doll's attorneys.

Noonan denied a motion to supress evidence obtained with a search warrant issued on Feb. 20.

Benaquist's battered body was found between two blood splattered cars in the early morning hours of Feb. 17, Noonan says in his opinion. The cars were a Pontiac G6 with a flat tire and a Nissan Altima with an automobile jack at its side.

The Pontiac was tagged with license plates from a Chevrolet Malibu purchased by Doll and Benaquist, but registered to and used by Benaquist.

Benaquist, Noonan writes, was scheduled to meet with Doll hours prior to the discovery of his body, according to Benaquist's girlfriend.  Phone records reveal Doll had called Benaquist earlier that afternoon.

A hearing on further motions is scheduled for June 16 at 1:30 p.m.

Read the full decision (PDF)

A driver who's car slammed into a tree on Fargo Road says he was run off the road by another vehicle.

The call just came in.

Another driver picked up the driver involved in the accident and took him or her to a nearby residence. The driver reportedly suffered a minor injury, but an ambulance is not required.

Assemblyman Steve Hawley announced today that he supported legislation pushed by Attorney General Andrew Cuomo  that could make local government consolidation easier.

"New N.Y. Government Reorganization and Citizen Empowerment Act" is supposed to save taxpayer's money by streamlining the consolidation process.

The bill passed the assembly yesterday without opposition.

Hawley's full press release after the jump:

Assemblyman Steve Hawley (R, I, C - Batavia) today voted in favor of Assembly Bill 8501, the "New N.Y. Government Reorganization and Citizen Empowerment Act."  This legislation would help save taxpayer dollars by allowing local government to become more effective and efficient, while at the same time standardizing state law regarding the process of government consolidation.

"I firmly believe that less government is better government and I have long supported initiatives to consolidate government services, such as during this year's budget negotiation.  By consolidating services among the three levels of government, we can more effectively and efficiently serve our collective constituency," said Hawley.

The Assemblyman continued, "at first glance there were some fears about this legislation that I shared with local government agencies.  I wanted to make sure that this bill was not just another Albany-imposed mandate.  I have taken the time to carefully review the bill and to vet the language with my colleagues in local government as well as to read a number of letters and e-mails my office has received since this bill was introduced.  We need to take steps to cut government excess in order to truly protect the taxpayers and businesses of our state and I believe after considering this legislation that this bill will help meet that goal."

The bill puts into place a standardized method for government consolidation, shared services or dissolution of government entities, should that be proposed on a local level.  While the Assemblyman originally had some concerns about the bill, upon reviewing the bill language and vetting it through local and state officials, he came to the conclusion that the bill merely clarifies and standardizes the process by which local government entities may consolidate, share services or dissolve, should the voters of the district petition.

The largest among the Assemblyman's original concerns was that the bill outlines that 10 percent of the electorate must sign a petition calling for a referendum on the issue of consolidation, sharing services or dissolution. However, this 10 percent is greater than the current 5 percent standard in Town Law and greater than the percentage needed in most cases for a petition to consolidate adjoining villages under current Village Law.  Additionally, the bill provides a safeguard for small villages and government entities with populations of less than 500 residents.  In these cases, the bill calls for 20 percent of the population to sign the petition.

Additionally, the Assemblyman shared the concern of some local officials that this measure would put too much power into the hands of county-level officials.  However, current state law already gives counties this power. Another concern was that should a referendum be called for, taxpayers would be asked to foot the bill for holding a special election.  Yet, the bill directly states that should a referendum be called, it may be held at any time, including on general elections.

Finally, the Assemblyman was concerned that should a referendum be called for and passed, it would give local government entities short notice to lay out plans to consolidate, share services or dissolve.  The bill language details the standardized process, which would amount to a minimum of 390 days and, thereafter, it would take up to an additional two years for the plan to be fully implemented.

"At the end of the day, this bill puts the power of change into the hands of the people, which, in my opinion, is where it belongs.  This bill does not call for governments to consolidate or dissolve at a local level.  It merely gives a standardized process for localities should they consider this option," said Hawley.

To further ensure that certain government entities, such as fire districts, are protected, Hawley is drafting new legislation that would amend A.8501. The Assemblyman stated, "I want to make sure that our fire departments are fully protected and that the bill which was passed does not have any unintended negative consequences for our firefighters, especially in terms of volunteer firefighter recruitment.  I will continue working together with the fire districts and volunteer fire departments in the 139th Assembly District and my colleagues in the State Legislature toward this end."

WBTA has an update on Pavilion School Superintendent Ed Orman's $183,000 salary:

Orman's salary can be attributed to his longevity, 15 years on the job, and for many years he was both superintendent and business manager, said Pavilion School Board President Beck Lewis

Orman retires next month.

The new superintendent, Ken Ellison, will earn $125,000, which is comparable to administrators in other small districts.

Here are the most viewed posts on The Batavian in May, 2009.

• Tractor pushes car sideways down Main Street into the city
• Today's Poll: Should Batavia consider switching to a volunteer fire department?
• Police Beat: Eight arrests reported at Dave Matthews concert at Darien Lake
• Charges pending in accident involving tractor on Main Street
• Do you complain about free trade and shop at Wal-Mart, Target, etc.?
• Ambulance union files complaint against city for alleged Taylor Law violation
• Medina pastor who helped stop runaway tractor on Main Street tells his story
• Mercy Flight intends to buy city ambulances; city crews can apply for jobs
• Red's Taxi - Anyone remember?, by Bea McManis
• Student at Pembroke wonders if video should be disqualified from festival

We have three gift certificates today: For the first time, Valle Jewelers, Essence of Candles and Main St. Pizza Company.

From Valle Jewelers, 21 Jackson St., we have a $25 gift certificate for $12.50. Valle Jewelers has been part of the Batavia community for three generations and sells a variety of items that are hard to find else where in Genesee County.

Main St. Pizza Company: Here's something different from one of your favorite restaurants in Batavia: Four (4) $5 gift certificates to use together or separately, a $20 value for $10.

Essence of Candles: One of Batavia's most unique stores -- you owe yourself a visit. The candles are might right in the shop. We have a $25 gift certificate for $12.50.

A $1 PayPal service fee applies to all purchases.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Valle Jewelers

SOLD

Main St. Pizza Company

SOLD

Essence of Candles