batavia

Press release:

Citywide leaf collection will begin Monday, Oct. 19 and will continue until Nov. 20.

Residents are asked to rake leaves into piles and leave them in the parkway (unbagged). Please, place close to curb line/edge of roadway without placing in the street. Do not pile around fire hydrants, trees or sign posts.

Leaf piles should only contain leaves and no branches, grass clippings or other materials.

Leaf operations typically have one crew on the Northside working from Grandview Terrace moving West, North of Main Street, and a second crew on the Southside beginning on River Street moving East in areas South of Main Street.

A third crew will work using a vacuum along main roads and numbered routes. It takes about two weeks to go through the entire city.

Any resident with leaves can also bring them to the Yard Waste Station until it closes for the season on Dec. 5. The Yard Waste hours are: Monday through Friday from 8 a.m. to 2 p.m.; Saturdays from 12 to 6 p.m. through Oct. 31; and then 11 a.m. to 5 p.m. on these remaining dates -- Nov. 7, 14, 21, 28, and Dec. 5).

The Yard Waste Station will be closed Nov. 11, 26, 27 and will officially close for the season after Dec. 5th.

IMPORTANT INFORMATION ABOUT LEAF COLLECTION:

• Leaf piles must be clear of sticks and other debris;
• Leaf piles must be clear of all animal waste – if animal waste is found in the piles, they will not be picked up;
• Grass clippings, flower pottings, branches and pumpkins cannot be picked up and residents may bring those items to the Yard Waste Station on Law Street (open through Dec. 5;
• Leaves should not block traffic;
• Leaves should not be piled near intersection corners. This causes sight issues for motorists/bicyclists/pedestrians;
• Keep leaf piles clear of drainage ways and catch basins. Blocked drainage leads to localized flooding;
• Leaves should not be piled around mailboxes, power poles, fences, fire hydrants or other obstacles;
• Do not park on leaf piles. The heat from a vehicle exhaust system could start a fire;
• Do not wait to get your leaves out. We will normally collect leaves twice within the month of leaf collection;
• If it is snowing, we plow first. If it continues to snow, then leaf operations will be suspended.
• There is no leaf pickup in the spring.

Contact the Bureau of Maintenance (585) 345-6400, option 1, if you have any questions.

Brandon Payne caught another large pike at DeWitt Recreation Area yesterday.

Submitted photo.

Commonly Asked Workers’ Compensation Questions:

Press release:

Holly Carney (photo above), general manager of the McDonald’s Restaurant located at 587 E. Main St., Batavia, has been selected to receive McDonald’s Outstanding General Manager Award. This is an accolade that recognizes only top performing 10 percent of McDonald’s Restaurant Managers.

Carney was one of only 33 McDonald’s Restaurant managers from New York State to receive the honor which includes a cash prize and a trophy. She has worked at McDonald’s for nine years, eight of which have been at this restaurant.

Ryan Richardson and Lisa Ryan from the McDonald’s corporate office, presented Holly with the Outstanding General Manager’s Award Tuesday Oct. 6 and they celebrated -- socially distant of course.

Also in attendance were restaurant owner Harry Schatmeyer and Darrin Glass, director of operations for the Schatmeyer organization.

"It’s awesome, so exciting," Carney said. "I have great people who are always where they need to be when they need to be there in order to deliver the best customer experience.”

McDonald's independent franchisees and regional management nominate restaurant managers for the Outstanding General Managers Awards to recognize their hard work, dedication and commitment to McDonald's and its customers.

“Holly’s done a fabulous job growing the restaurant, and delivering A-plus operation, both in the restaurant and the drive thru," Schatmeyer said. "This is well deserved.”

McDonald’s is committed to creating employment opportunities for people of allages and from all backgrounds, as well as boosting employability to help peoplegain the skills and experience, they need to progress in their careers. McDonald’s provides opportunities for progression and promoting from within; around 90 percent of restaurant management began their careers as crew members.

About McDonald's

McDonald's is the world's leading global foodservice retailer with more than 37,000 locations in 120 countries. Over 90 percent of McDonald's restaurants worldwide are owned and operated by independent local business men and women.

Brenda Lee Draper, 46, of Porter Avenue, Batavia, is charged with two Class E felonies: fourth-degree grand larceny; and offering a false instrument for filing in the first degree. It is alleged that Draper did not report income that she was earning that she filed an application used to determine eligibility for the Supplemental Nutrition Assistance Program benefits. As a result, she is accused of receiving $1,775 in SNAP benefits she was not entitled to get. The investigation was conducted by Genesee County Department of Social Services Investigator Dakota Nicholson. Draper was arrested and charged by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Edward Joseph Marin Jr., 31, of South Cairo, is charged with second-degree criminal contempt. At 1:49 a.m. Oct. 11 Marin was arrested after he allegedly knowingly violated a full stay away order of protection while staying at a hotel on Park Road in the Town of Batavia. He was released on an appearance ticket and is due in Batavia Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Ryan Young.

Dylan Michael Birch, 20, of Lakeville, is charged with second-degree criminal contempt. He was arrested at 7:44 p.m. Oct. 10 on Route 237 in the Town of Stafford. No other details provided. Birch was issued an appearance ticket to be in Stafford Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy David Moore.

Jerald A. Shuler III, 27, of Batavia (no address provided), was arrested following a traffic stop on Route 246 in the Town of Covington for an alleged speeding infraction. During the traffic stop, he was allegedly found in possession of 1.65 ounces of marijuana. Shuler is charged with marijuana possession in the first degree, speeding over 55 mph, and having the driver's view obstructed. Shuler was issued an appearance ticket and is due in Town of Covington Court on Oct. 26. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

It's now a felony in New York for a police officer to use a chokehold that results in the serious injury or death of a person, but Batavia police officers who have come through the academy in the past 10 years haven't even learned that maneuver, Chief Shawn Heubusch told the city's stakeholders' group at Thursday's meeting.

Since officers aren't trained in the procedure, it isn't even mentioned in the city's use of force policy, Heubusch said.

The Batavia's Police Collaboration Advisory Stakeholder Group was formed in response to an executive order from Gov. Andrew Cuomo mandating that all municipalities with a police force form a community-based group that reviews all of a police department's policies and procedures.

Thursday meeting concentrated on Batavia's use of force policy (pdf).

Chokeholds fell out of favor more than a decade ago, but their use declined steeply after New York legislators passed a law in the wake of the 2014 death of Eric Garner. He died in New York City while in police custody and restrained in a chokehold. Even while officers continued to restrain him, Garner warned them, "I can't breathe."

As a result, the State Legislature approved the Eric Garner Anti-Chokehold Act, making "aggravated strangulation" by a police officer a Class C felony punishable up to 15 years in prison.

While the city's use of policy is silent specifically on the use of a chokehold, it does allow a police officer to use any means necessary to protect his or her life or the life of another person if somebody is in imminent danger of being killed.

An officer, for example, fighting for his or her life, could use a chokehold.

"If the officer is in serious peril, you are going to do whatever you can to prevent yourself or somebody else from being killed," Heubusch said.

The use of force policy outlines when a police officer is authorized to employ a reasonable level of force in order to effect an arrest or protect him or herself or another person, up to the use of deadly force.

Reasonable, of course, is a subjective term but a 1989 Supreme Court decision, Graham vs. Connor, provides police with a method to evaluate reasonable use of force.

What is deemed reasonable? Basically, what any other typical officer would have done under a similar set of circumstances with the knowledge the officer had the time of the incident without the benefit of hindsight. In other words, if an officer has substantial reason to believe a subject has a weapon and is likely to use it, an action taken to neutralize the ability of the subject to use that weapon is reasonable, even if it turns out later the subject didn't have a weapon.

"No policy can possibly predict every situation a police officer will face," Heubusch said. "We can't reasonably think of everything and put in a policy when there is so much judgment involved in every single action an officer takes on a daily basis."

While an officer wants to avoid or minimize the use of force, nothing in the law or policy requires an officer to retreat (unlike a civilian in a public place) in the face of a threat.

When an officer uses unreasonable force, his or her fellow officers have a duty to intervene, and a duty to report under Federal law and local policy.

"We've always had a duty to intercede in our policy," Heubusch said.

Use of force can be authorized to try and capture a fleeing criminal suspect but again, sometimes the use of force is reasonable, and sometimes it isn't. An officer wouldn't use the same force to apprehend a shoplifter that he would for a bank robber. The officer must also evaluate whether the subject is a physical threat to other people.

It's never acceptable to fire a weapon at a moving vehicle. Unlike the movies, it's rarely effective and it's a danger to others.

Deadly force is only authorized when the officer or another person is in imminent threat of death or serious injury. Imminent doesn't mean immediate, Heubusch said. 

"If you point a gun at me I don’t have to wait for that trigger to be pulled," Heubusch said. "It doesn’t matter if the gun is loaded or not. We don’t have to find out if there are actually bullets in the weapon."

Anytime any level of use of force is deployed, Heubusch said, the officers must complete a report, which is another reason officers, he said, would rather avoid the use of force if at all possible.

The report is reviewed by supervisors. The information can sometimes help identify training needs and corrective measures and in rare circumstances result in disciplinary action.

"Officers hate paperwork and when they use force, they have to report it every time they wrestle with somebody," Heubusch said.

Heubusch said the use of force reports are not public even though New York recently repealed the law, Civil Rights Law 50a, which used to make records private used to evaluation police officer performance.

The reports are apparently not aggregated into any kind of statistical table.

Committee members wanted to know more about how the police department handles complaints about the possible use of force violations, particularly what protections are in place to protect an officer who cites a possible violation by a fellow officer.

Some committee members wanted to know just how thick that "thin blue line" is that supposedly protects police officers from being reported by fellow officers.

Heubusch said the department does have a whistlerblower policy that protects employees who file complaints but also noted, it's a small department -- only 33 officers on the force -- so it's hard to remain anonymous. 

That being said, Heubusch added, "supervisors know what their job is. They are not going to put their careers on the line. It's their job and their living on the line. I think our officers are comfortable coming forward if they run into a situation. I have yet to uncover a problem of an officer reporting something to a supervisor."

Public Defender Jerry Ader

Top photo: Chief Shawn Heubusch

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A 3-percent pay raise for City School's Superintendent Anibal Soler Jr. was primarily a cost-of-living adjustment, a couple of members of the board of education told The Batavian in response to a set of emailed questions.

But not all board members responded to the request for comment.

Not responding were:

• Shawna Murphy
• Barbara Bowman
• John Reigle

Trustee Tanni Bromley provided the most detailed response.

During the annual review process, the Board approved the raise of Mr. Soler after thorough discussion during the executive session. The Board felt it was justified for a few reasons which included cost of living increase, the longevity bonus would support and promote Mr. Soler's tenure in education. And finally, the Board did feel that Mr. Soler provided a well-structured plan for our district's reopening. 

The Board always takes the public's thoughts and feelings into account when making such decisions however it is also known that our decisions will not please every community member. Our objective always remains to provide our kids with the best educational experience possible, especially during these difficult and unprecedented times. 

The board approved the raise for Soler, lifting his annual pay from $160,000 to $164,800, unanimously near the end of the same meeting where Soler outlined a looming financial crisis for the school district. The governor's office is withholding at least 20 percent of state funding because of the pandemic and that could lead to a revenue shortfall of more than $5.4 million.

The seeming incongruity of the revenue discussion and the board approving a raise for Soler was questioned by members of the local community, so The Batavian asked each board member to provide their individual reasons for approving the raise.

Board President Alice Ann Benedict first responded:

As per School law, we discuss any employee issues in executive session. We had an in-depth discussion. We then put it on the agenda under consent items and voted on the raise. It is a cost of living increase. Three percent of $160,000 is $4,800.

In an attempt to get Benedict to expand on her answer, The Batavian, in a response email, noted that state law allows elected officials to discuss personnel matters in executive session (what some call "secret session") but doesn't require personnel matters be discussed behind closed doors, nor does state law prohibit elected officials from publically discussing their thoughts on matters taken up in executive session.

In a subsequent email, Benedict said the board held a thorough, in-depth discussion about the raise in closed session.

In a follow-up, we asked Benedict about the size of the raise -- 3 percent -- when the inflation rate in 2020 has been less than 1 percent and the consumer price index in 2019 was less than 2 percent.

"We choose a combination of cost of living, merit, and equity," Benedict said. "This was all decided during a very lengthy executive session meeting." 

Peter Cecere apologized for the delayed response because of a significant family matter. He again cited that the discussion was an executive session matter:

All decisions we arrive at are done with the utmost of thought and consideration from all angles and all sides. Many times not easy and often very laborious.

Rest assured we negotiated as a group, of one voice, and consent.

In response, The Batavian again noted that as a matter of law, he is not prohibited from discussing his decision to support a raise. We got no response.

John Marucci also apologized for a delayed response, citing long hours at work, and said:

What I can tell you is that any and all decisions made by the board of education are discussed thoroughly and we come together as a group on decisions that are made. Anything that is discussed in executive session is confidential.

In response, The Batavian again informed Marucci that we were seeking his individual thoughts on the raise and that state law does not prohibit him from answering questions for the public about matters discussed in executive session. He did not respond.

As for Anibal Soler Jr., he acknowledges that the optics of the raise being approved at a meeting where he spoke about the revenue issue -- the executive session where the raise was discussed was at a prior meeting -- don't look good, but he pointed out that:

• His contract includes an annual raise;
• The board was supposed to approve a raise for him in July but Soler asked that the matter be delayed because he was busy dealing with pandemic-related issues in the district;
• Every bargaining unit in the district, the various unions, and other individual administrators have contracts that mandate annual raises. "Should I be the only one to go without a raise?" he said.

Yes, he said, the timing of the meeting, the optics, do not look good but the district, he said, is facing such a serious revenue shortfall that forgoing a $4,800 raise isn't going to fill in the hole.

He said last year he offered to skip a raise if all the other bargain units would forego their raises and the unions didn't take him up on the offer.

David M. Schmieder, 26, of Silver Road, East Bethany, was arrested after he allegedly assaulted a Wyoming County Sheriff's Deputy in the Village of Gainesville last month. At 1:04 p.m. on Sept. 23 Wyoming County Sheriff's deputies responded to a complaint about a man walking down the middle of Route 19, obstructing traffic and acting irrationally. Upon arrival, Schmieder allegedly refused to follow orders and ignored deputies. When one deputy approached Schmieder, the police report says he "forcefully punched the deputy in the head." A short struggle ensued and two deputies were able to take Schmieder into custody. The defendant is accused of being found with an amount of suspected drugs in his mouth, "which he refused to spit out." The injured deputy was transported to Wyoming County Community Health System for treatment of non-life-threatening injuries. Schmieder was taken to Wyoming County Community Health System for "treatment of a medical condition." On Oct. 1 he was released from Erie County Medical Center and arrested. Schmieder was taken to Wyoming County Jail for virtual arraignment in front of Wyoming County Court Judge Michael Mohun. He is charged with: second-degree assault; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; disorderly conduct -- obstructing traffic; and violation of probation. Schmieder was put in Wyoming County Jail without bail on the count of violation of probation. On the other charges, bail was set at $100,000 cash, $200,000 either bond or partially secured bond (same amount).

Hope Marie Grasso, 50, of Haven Lane, Le Roy, is charged with: criminal possession of a forged instrument in the second degree; attempted grand larceny in the third degree; and attempted grand larceny in the fourth degree. She was arrested at 10:04 p.m. Thursday, Oct. 8. Grasso had allegedly possessed two fraudulent checks that amounted to a combined total of $52,800 and she is accused of trying to cash them at a local bank. She was put in jail and was scheduled to be arraigned this morning (Oct. 9) in Batavia City Court. The case was investigated by Genesee County Sheriff's Deputy David Moore.

Francisco Martinez Jr., 47, of Maple Street, Batavia, is charged with: open container of alcohol on public property; petit larceny; two counts of endangering the welfare of a child; and second-degree harassment. He was arrested after an investigation into a disturbance at 3:38 p.m. Oct. 3 in Austin Park on Jefferson Avenue in Batavia. He was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Adam Tucker.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with burglary in the second degree -- illegal entry into a dwelling, and disobeying a mandate of a judge. Gibson was arrested at 3:24 p.m. on Oct. 4 on Washington Avenue in Batavia after allegedly unlawfully entering the home of a person with a complete stay away order of protection. Gibson was arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice with a 24/7 house arrest order. Gibson was due to return to court on Oct. 8. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

Mark Theodore Helm, 39, of State Street, Batavia, is charged with second-degree harassment. Helm was arrested on Oct. 5 after an investigation into an incident that occurred on State Street at 3:10 on Sept. 28. Helm is accused of pushing and punching another male during an altercation. Helm is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree harassment. He was arrested at 1:24 this morning, Oct. 9, after an alleged altercation with another person. Leroy was released with an appearance ticket to be Pembroke Town Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy David Moore.

Zachary V.D. Seeley, 23, of Lyman Road, Bergen, is charged with aggravated criminal contempt. He was arrested on Oct. 5 following an alleged violation of an order of protection that occurred at 9:09 p.m. Sept. 26 on Ellsworth Avenue in Batavia. Seeley was arraigned in Batavia City Court via Skype then put in jail "until his return date" to court on Nov. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Dan Coffey.

Jeffery Robert Roth, 54, of South Main Street, Oakfield, is charged with second-degree criminal contempt for allegedly disobeying a court order. Batavia Police Officer Peter Post arrested Roth on an active arrest warrant out of Batavia City Court and the defendant was arraigned on Oct. 4 via Skype. Roth was put in jail on $2,000 cash bail or $4,000 bond and is due back in court on Nov. 5. Post was assisted by Batavia Police Officer Kevin DeFelice.

Grace C. Murray, 21, of Hawks Road, East Bethany, was arrested Oct. 2 after she turned herself in at Batavia Police Headquarters on a bench warrant out of Batavia City Court. It was issued after she allegedly failed to appear for sentencing on an undisclosed matter on Sept. 15. Murray is to return to court on Oct. 15. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

A customer at the Sunoco Gas Station and convenience store adjacent to the MacDonald's on East Main Street in the city called police after allegedly being harassed by a clerk there.

She told a dispatcher she was harassed and when she attempted to buy something, the clerk "told to get out of the store, and starting swearing at her. He's outside now recording her" on his cell phone.

The customer is inside her red Pontiac Vibe and two police units arrived on scene a couple of minutes ago.

A caller to dispatch reports that a group of juveniles on North Spruce Street in the area of North Street were taking down Biden political signs and replacing them with Trump signs.

They are riding bicycles and skateboards. The caller says a neighbor is one of the people whose sign was replaced.

City police responded to the area but with "negative results" -- the youths left.

UPDATE 1:30 p.m.: A caller to dispatch reports a group of kids on bicycles are in the area of Chase Park and Elm Street "with a large amount of election signs." An officer is out with the juveniles now.

From St. Paul Lutheran Church & School:

St. Paul Lutheran Church & School is hosting a drive-thru Chiavetta's Chicken BBQ this Sunday, Oct. 11 from 11:30 a.m. till sold out.

It is located at 31 Washington Ave., Batavia.

Tickets are $12 per dinner, which includes chicken, potato salad, macaroni salad, roll & butter.

Presale tickets are available by phoning Diane at 356-8789 or the Main Office at 343-0488. (School families can send in an envelope addressed to M. Keberle containing your name, payment and number of tickets.)

You can also purchase tickets the day of the event at the drive-thru.  

"We hope you all will participate in supporting St. Paul Church and School!"

Batavia-based funeral director Michael Scott Tomaszewski was arraigned on 15 new charges in Genesee County Court this morning as a result of the continuing investigation of his business practices.

He owns Michael S. Tomaszewski Funeral Home & Cremation Chapel, Acme Holdings of NY Inc., which owns the building that houses his funeral home on West Main Street Road, and adjacent property, including the Dibble Family Center.

On July 23, the Edgewood Drive resident, 48, was charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services for 91 customers.

Since his initial arrest, 11 additional victims came forward.

Today's virtual arraignment via Skype in front of Judge Charles Zambito was for:

• Seven counts of third-degree larceny (Class D felony);
• Grand larceny in the fourth degree (Class E felony);
• Three counts of petit larceny (Class A misdemeanor); and
• Four counts of failure to deposit monies (in violation of NYS General Obligations law).

According to the report from the Genesee County Sheriff's Office, Investigator Christopher Parker states the new charges "represent additional allegations concerning conduct related to monies paid to Tomaszewski for prepaid funeral and grave markers which were not used for their intended purpose."

In February, Tomaszewski filed for bankruptcy for Acme Holdings under Chapter 11 in Federal Court. He has also filed for personal bankruptcy.

Following today's arraignment, Tomaszewski was released on his own recognizance.

The investigation is continuing.

Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.

Previously:

Local funeral director charged with stealing money from customers

Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains

Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains

People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor

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Two females are accused by a resident on Noonan Drive in Batavia of stealing a Trump campaign sign off their lawn. A black female and a white female allegedly took the sign, which the male resident retrieved.

They walked away and police were called. They are responding to the "pretty agitated" Noonan Drive resident, who is said to be out with one or both of the females on Oak Street now.

Alice Ann Benedict is in only her fourth month as president of the Board of Education for Batavia city schools but she's already looking to make a significant change to a board policy that she said has bothered her for a long time.

Under the previous leadership of Pat Burk, who resigned suddenly over the summer, if a member of the public came to a board meeting and asked a question, Burk would inform the speaker, "We don't answer questions from the public."

Benedict wants to provide the public with public answers to board questions.

She brought the issue to the board's attention at Monday's meeting and Superintendent Anibal Soler Jr. suggested after the board discussion that the board hold off on changing the policy until staff can formalize the language and make a recommendation.

If the board adopts Benedict's suggestion, the district will offer a form on the district's website where members of the public could ask questions of the board. If the question is submitted prior to a set deadline -- such as 5 p.m. on the Thursday before the board's Monday meeting -- then either the board president or the superintendent would prepare an answer. At the next board meeting, during the "public speaks" portion of the agenda, the question and answer would be read aloud. 

Currently, Benedict said, if a question is sent to the district, either she or Soler answer it and the board never sees the question unless Benedict forwards it to them. Benedict would like the entire board to be informed of questions from the public.

During COVID-19 restrictions, members of the public are not attending meetings but once restrictions are lifted, Benedict wants the board to have in place a policy that would allow members of the public to ask questions. If questions are submitted in advance, they will be answered at the meeting. If not, the board president or superintendent will answer the question at a subsequent meeting.

Benedict expressed concern that some people, like herself, are not "quick on their feet" when it comes to answering questions, which is why she wants a built-in delay on answering questions so there is time for research and consideration.

"I always felt like before when I was on the board, I never liked the idea that if a community member took time to come to the board to make a comment or ask a question, we would never answer," Benedict said. "We would never answer the question. That really bothered me."

At first, Trustee Shawna Murphy seemed a little confused by the suggestion, noting that the public has always been allowed to speak at meetings.  After Benedict spoke more about her idea, Murphy said, "sounds beautiful."

Soler said it usually takes two readings for the board to adopt a new policy. He said the policy should incorporate best practices for dealing with public speakers and also suggested the policy should mimic what he said other districts do, which requires public speakers to sign up to speak hours in advance of the meeting "so people can't come and disrupt the meeting."

A pedestrian was struck by a vehicle on Harvester Avenue.

The patient is complaining of leg pain.

City fire and Mercy EMS responded and a short time later, Engine 11 went back in service.

Batavia city schools are looking at a nearly $5.5 million revenue shortfall in the current fiscal year due to the global pandemic that has caused an economic retraction, and dealing with that shortfall is likely to mean the district needs to cut services and personnel, Superintendent Anibal Soler Jr. informed school board members on Monday night.

Soler told the board that state aid has been cut by 20 percent, or $425,000, so far. The state says it is "withholding" the funds but there's no guarantee the funds will be backfilled, nor that there won't be more "withholding" during the remainder of the year.

The state is facing a $16 billion budget shortfall and the deficit over the next four years is expected to grow to $66 billion.

That doesn't bode well for the future of school funding, Soler said.

The superintedent said he was trying to present the board and the community with a realistic picture of the situation the district finds itself in through no fault of its own.

"If we don’t sound the alarm now and it gets sounded for us, we may be seen as not being as transparent as we can," Soler said.

While a lot of people suggest cutting things like supplies and materials, that's only 2 percent of the school district's budget. The biggest portion of the budget goes to payroll and benefits -- about 70 percent, so if it becomes necessary to cut spending, that will be the area where the district can make up much of the projected shortfall.

"At $5.4 million, you start doing the math and that's a significant number of services or employees we have to change," Soler said.

The total district budget is $51,470,726 and is supported by $27,477,066.

The unknowns at this point is: Whether there will be a round of 20-percent withholding in August and December and whether Congress will at some point approve a stimulus package that includes funding for schools.

Soler said state education officials are leaning heavily on the idea of waiting to see what happens after the election.

If the cuts turn out to be permanent, Soler outline several possible responses:

• Cut teacher aides to four days a week for a savings of $301,210;
• Cut custodial work to four days a week for a savings of $246,126;
• Go to 100-percent remote learning to cut transportation costs by $576,000;
• Eliminate activities such as music for a savings of $143,551;
• Cutting athletics could save $284,089;
• Increasing class size to 28 pupils per teacher, the maximum allowed by the current union contract, could save $630,000;
• Eliminating non-mandated staff, such as teachers for elective courses, non-graduation requirement courses, extra librarians, some tutors and counselors, an administrator, and some aides, could lead to another $3 million in savings;
• Eliminating the school resource officer would save $54,000.

What to cut and how much is a matter of priorities and a balancing act, Soler said. For example, eliminating transportation would mean a cut in state aid for transportation in future years.

Also on the table for discussion, Soler said, is a dramatic tax increase. He took notice of the possible 89-percent property tax increase in the Town of Batavia as an example of the tough budget choices the pandemic is forcing on local governments.

"Obviously, I'm not saying that's our approach but we're probably not going to be able to come out of this with no tax increase," Soler said. "It's tough because they're (property owners) are also struggling with these economic conditions."

Board Member Shawna Murphy wondered out loud why the idea of a tax increase was such a heinous idea. She suggested most people in Batavia could handle a tax increase.

Another board member spoke up (it was hard to identify the speaker on the livestream of the meeting) and said many older residents have already put their children and their grandchildren through school and now live on a fixed income. She was hesitant to burden them with a tax increase.

"I have more concern for the older property owner," she said. "Their home is the last thing they're clinging to and we're asking them to make quite a sacrifice when they have no children in the system."

The district does have about $1.75 million in reserves but that money will run out quickly if other action isn't taken, Soler said.

The district will know much more about its financial situation by the Nov. 23 board meeting, Soler said. Until then, he said, the district needs to remain "stay the course and remain Batavia Strong" and study its options.

On another budget item, the board unanimously approved an amendment to the superintendent's contract that granted Soler a $4,800 annual raise, bringing his compensation to $164,800 per year. The board did not discuss the salary increase prior to the vote.