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.
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..
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.
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.
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.
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.
SOLD OUT
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."
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?"
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.
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.
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.
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
Maybe a little late in the month to be doing this, but I couldn't get to it sooner -- here's the most viewed posts for September:
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.
sold out
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:
I just got back from walking Daisy, our new dog. We got her about a week ago from the Batavia Animal Shelter (who were fantastic, by the way). Anyway, our walk took us down Ellicott to Liberty to Main St down to Chambers, then we turned around.
We're working on walking Daisy, and socializing her, so I figured a 2pm walk would mean that we would run into a bunch of different people in different circumstances. And, we did meet some people, but not more than 10. Daisy barks at most men, wagging her tail and sniffing the whole time, but I think she's just intimidated by them, so I'd like her to be socialized with both people and dogs. Are there places and times in Batavia that would provide a nice environment for Daisy to get to know people?
The last suspect captured is the final defendant to plead guilty.
Matthew J. Wells, 24, of Buffalo faces five to 15 years in state prison after admitting this morning to his role in the June 18 stick up of the M&T Bank branch in Elba.
The guilty plea came on a morning when Wells was schedule to appear on a pre-trial hearing to determine if his statement following the robbery could be used against him in a trial.
Attorney Thomas Burns said after the guilty plea that his client took into account the substantial risk of going to trial, in which a conviction could mean 25 years in prison.
District Attorney Lawrence Friedman said the plea bargain accepted by Wells today was made back in June.
Wells didn't give up easily the morning and afternoon of the robbery, either. He led more than 100 law enforcement personnel on a five-hour manhunt through the woods and fields of Batavia and Oakfield before finally surrendering. His co-defendants, Dennis M. Abrams, Jr., 26, and Demone D. Dillon, 25, were captured within an hour of the robbery.
Both previously pled guilty to charges stemming from the hold up. Abrams, the apparent mastermind of the scheme, was looking at up to 25 years in prison, and Dillon, who apparently served as a somewhat reluctant look out, facing three-and-a-half to 10 years.
Wells was the only one of the three to make any real attempt to challenge the state's case, with his attorney filing motions to suppress his statements and for a change of venue. The latter motion was eventually denied.
The case has left many in the criminal justice community shaking their heads. None of the three suspects had any prior adult criminal record, and only Dillon had a youthful offender conviction. All three had jobs and wives or girlfriends. All three men are fathers.
Abrams reportedly sent a text message to his wife before he was captured that read simply, "I messed up."
Friedman's job, of course, isn't to get wrapped up in sympathy for three men who made a bad decision. He's spoken to the victims.
"I spent hours talking with the victims of this crime," Friedman said. "I feel the impact that it has had on these women. With almost 28 years in this office, I've been surprised by the depth of emotion expressed by these women over what they went through in the bank. It was very traumatic. I had one of these women tell me she thought she was about to die. I have no idea what that must feel like."
As for the defendant's lack of prior criminal history, Friedman said, "that's what the pre-sentencing investigation is about."
"My job is to either secure a conviction or get an appropriate plea," Friedman said. "I think in this case, I've given the court sufficient latitude in light of these crimes and in light of the defendants."
Six Halloween decorations have been stolen from the yard of Thelma Hall, on Watson Street, and she's disheartened that somebody would take from something she and her husband do for kids' enjoyment.
Hall called us this morning hoping that we would publicize the thefts and the person or persons who took the items would return them, "no questions asked."
The Batavian ran a picture of the Hall's yard on Oct. 1.
Six items, including two headstones, were stolen, Hall said.
"Please return what was taken," Hall said. "We wouldn't want to stop (decorating the yard). It's a lot of fun, but we can't keep doing it if our stuff is going to get stolen."
The Halls moved to Batavia from Indiana five years ago and have had Halloween and Christmas displays each year since.
"There's nothing in this town for the kids to do, that's why we do it," said Hall.
"I'm just heartbroken," Hall added. "We just try to be nice."
She said she and her husband are now afraid to put up their annual Christmas display, fearing more thefts.
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