news

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) joined his Assembly Minority colleagues in calling for the passage of legislation (A.9095) that would amend the state Constitution to reserve the right to vote in state elections to American citizens. 

Their push to pass the legislation comes in response to the passage of a policy by the New York City Council that allows non-citizens to vote in the city’s elections. Concerned that similar efforts could be undertaken in the future by progressive, activist lawmakers to implement such a policy at the state level, Hawley and his colleagues aim to bolster election integrity by passing this bill.

“The places we live, how we provide for ourselves and our families, and the laws we live by are molded by the elections that determine our representatives in government,” said Hawley. “Allowing people who are here illegally to have a say in our laws places criminals before law-abiding citizens. More than that, it will make it even more difficult to ensure the integrity of our elections, jeopardizing the faith people have in state government itself.”

Not only has interim director Shannon Maute been hired for the full-time permanent position of Batavia’s Business Improvement District, but she also plans to hit the ground running with a new event this year.

Get ready for a strolling accordion player, sweet and savory Mediterranean cuisine and lots of fun, Maute says.

“We’re looking at mid to late summer; it will be an outdoor event with a ‘Welcome to Italy’ sign, lights strung along the streets, and vendors at stands on the side of the road,” she said to The Batavian Tuesday. “So you’ll feel like you’re in New York City for an Italian fest … with pasta and meatballs, pastries, cannolis … and I see kids doing three-legged races and sack races in the parking lot, playing the games that we used to play as kids. I’m just looking to go back to a time when the community and families did everything together.”

Maute was appointed as interim director on Dec. 14, 2021, to fill the spot left vacant by former Director Beth Kemp. She was approved Tuesday during a BID board meeting. Board members and Maute opted to give the interim position a trial run before making it official.  

"It just happened," Maute said. “We both took our time, and we were both happy and so we went for it."

She also presented her vision of an Italian fest to replace the former BID Summer in the City event. It was an idea she came up with a few years ago, before COVID-19 hit and closed down most everything. The board really liked the idea, and a posting on Facebook reaped “a fantastic reaction,” she said, so she has formed a Promotions Committee to pursue it.

Her vision includes a large horseshoe-shaped layout of downtown that will be filled with food vendors, live music, children’s games and contests in an authentic display of Italian heritage similar to that of Octoberfest with its German flair, she said.

Maute and her husband Jay Steinbrenner are frequent visitors of New York City’s Italian fest, and she would like to bring that excitement and family-friendly activities to Batavia. With each of the couple being half-Italian and half-German, it has been a natural fit to be involved with Batavia's Octoberfest and now an Italian celebration. Her favorite Italian items are juicy meatballs and cannolis, though ravioli and manicotti also make the list, she said. There's also the potential economic impact of introducing the community to a vast amount of merchants, she said. 

“I would really like it to be where all businesses would benefit,” she said. “Any business in Batavia would participate so (the public) could enjoy the restaurants and stores we have here.”

Hardly a newcomer, Maute, a Batavia native and resident, has been involved in local events for years. She led the way with FeBREWary, BID’s first event of 2022, which sold 467 tickets. She saw “everyone was smiling and walking down Main Street,” and hopes to replicate that kind of positive happening later this year, she said.

Anyone interested in being on the Promotions Committee or attending a BID meeting is welcome to do so, she said. For more information, go to: http://Downtownbataviany.com

File Photo of Shannon Maute from February 2022 by Howard Owens.

Press release:

Auto Wash Car Wash, with a location on West Main Street in Batavia, is matching dollar for dollar all donations made to a Ukraine relief fund when a wash is purchased until it reaches its goal of raising $5,000.

To donate, simply select a donation amount ($1, $3, or $5) at the pay station at our car wash and pay with cash, credit, or apple/android pay.

All money raised will go to the International Committee of the Red Cross https://www.icrc.org/en/donate/ukraine and Baranova27 (@baranova27) which provides humanitarian aid and supplies to families and frontline heroes of Ukraine.

Money raised will be split 50/50 between these two organizations. 

Auto Wash has six car wash locations serving the Auburn, Batavia, Canandaigua, Farmington, and Geneva communities. Visit www.AutoWashCarWash.com/ukraine for more information on this fundraiser.

Our hearts all go out to those affected by this crisis, thank you for your donation. 

The Town of Stafford Zoning Board of Appeals on Monday night tabled an application for a variance to the municipality’s solar ordinance from BW Solar on behalf of a Batavia Stafford Townline Road couple seeking to put a pair of 5-megawatt systems on their property.

Following a public hearing that turned into a “Q & A” with BW Solar Project Developer Dan Huntington, the ZBA voted unanimously to put the action on hold for 30 days. It made its decision at the request of Chair Michael Lathan, who said he had several questions for the town attorney.

Lathan said he expects the board to make a determination at its next meeting on April 18.

About 30 residents attended the hour and 45 minute session that became necessary since BW Solar’s site plan included setbacks (distances from residential and/or nonresidential property lines) that were less than stipulated in Stafford’s solar law.

The Woods own and operate a large farm (and also lease and farm adjoining land) and desire to use about 60 acres for the two side-by-side ground-mounted solar systems. One will cover 31.08 acres and the other will utilize 28.32 acres in a district near College Road zoned as Industrial Park, which the town has deemed appropriate for solar.

While the setbacks were the primary focus, town residents fired off queries on related subjects – most notably the Stafford solar ordinance, itself, as well as impacts to real property value, health, the environment and the rural nature of the town.

RESIDENT CITES SOLAR LAW

Diane Hawn, a Stafford resident for 24 years, read three times from the town’s ordinance on Solar Energy Facilities, asking if BW Solar has followed the letter of the law by establishing a $150,000 escrow account and maintaining umbrella insurance coverage of $10 million during the application process.

“If these haven’t been established, with that huge thing in 2018 (the drafting of the solar ordinance), how can this even be happening right now?” she asked.

Hawn went back and forth with Lathan and Huntington on whether these fees needed to be paid upfront, with the application fee, or if that was part of the next step in the process – after BW Solar was granted the variances it sought to proceed with the project.

Huntington, responding to a question about the escrow account, said he hasn’t encountered that in his other solar projects.

“A $150,000 escrow account controlled by the town, even in a decommissioning sense, has never been established where the town controls the escrow account,” he said. “I can’t say across New York State that’s not true, but in all of the projects that I’ve done … I’ve never seen something of that nature.”

Town Board member Ron Panek advised that the escrow account for solar mirrors the one set up for a Planned Unit Development (such as a senior housing complex or trailer park).

“Is it unusual?” he said. “No, it’s right in our other laws.”

IN DEFENSE OF SOLAR LAW

Panek said much effort and time (nearly two years) were put into the wording of the solar law, and, since then, the Town of Le Roy has used parts of the law and the Town of Alexander’s law “is word for word, identical (to Stafford’s).”

Hawn also quoted another section of the law where it states that Stafford’s Comprehensive Plan “desires to maintain the pastoral, rural nature of this region. An industrial solar energy facility is in conflict with the culture and character of the community.”

ZBA alternate member Tim Thomas noted that the Wood property is in an industrial zoned area.

“Somebody could come in and build a manufacturing facility,” he said. “There’s probably a variety of industrial-type complexes that could go there. So, I would just ask to keep that in mind as you’re looking at this. Solar complexes – solar farms – really don’t demand a lot of services in the town.”

Huntington has maintained all along – in dealings with the Genesee County Planning Board and Town of Stafford officials and attorney – that BW Solar has crafted a solar site plan that minimizes the negative effect on the couple of neighbors by moving it away from the road and placing the two systems next to each other to enable the Woods to farm more of their land.

“The Town Board can’t reasonably do all the work they have to do, if we can’t even decide where the footprint of this thing is going to lie,” he said.

“So, that’s why we’re at the variance part first – to determine you can build there, you can’t build there. Once we know that, then we can say, we’ll outline the footprint, if we have to alter these designs and resubmit them to the Town Board, and now we have a clear, defined footprint that we can review everything, without changes from there.”

CONCERN OVER REAL PROPERTY CLAUSE

The ZBA’s inability to grant a variance to the town’s solar ordinance real property value protection clause, as indicated by the town attorney, is cause for concern, Huntington acknowledged. The law states that the solar operator shall assure there will be no loss in property value for any property within 2,500 feet of the solar farm – a significant distance.

“To create some type of an agreement with every single one of those homeowners is something that I’ve never heard of in any project that I’ve been involved in in New York State,” he said. “On this specific project, there is actually only one homeowner that’s adjoining the property.”

He said having to enter into contracts with up to 100 property owners in that 2,500-foot radius “could quadruple the cost of the project,” adding that if it came down to that, BW Solar would be forced to “defend in court.”

Huntington said he “can sympathize” with the one resident next to the proposed solar farm (who was in attendance last night).

“He has a beautiful home across the street that does overlook a beautiful farm field – I can’t argue that fact,” he said. “I can sympathize with his concerns …

“The variances we are asking for to pull it away from the road on which he lives on – specifically the 200 feet down to zero and the eastern side, 200 feet to 100 feet, would actually bring the solar array away from the road in such a manner that would actually allow his view, at least 50 percent of it, to stay farm fields. If those variances aren’t granted, the only place we can bring the remainder of those panels, to follow the law, is up into that bend, which would eat up his entire view.”

He said he would work with the resident to ensure the screening was adequate, not only at the beginning of the project but down the road.

OTHER DISCUSSION TOPICS

Other points brought up during the meeting:

• On health hazards: Huntington said “studies have shown there are no health hazards associated with it when a solar farm is functioning properly, and maintained properly … and part of our duty is to make sure that a facility is operating at a high efficiency.” He added that a State Environmental Quality Review is required and BW Solar plans to notify agencies such as the Department of Environmental Conservation, Department of Transportation, Army Corps of Engineers and local governmental officials at the proper time.

• On employees needed to build and maintain the system: Huntington said it is likely that union electricians would be hired due to the high voltage and that he hoped that local residents would be hired for seasonal maintenance.

• On seeking tax abatements: Huntington said the company would seek a payment in lieu of taxes agreement with the Genesee County Economic Development Center. “It’s a pretty standard process for it, and it’s $6,000 per megawatt, which is split between the town, school district and county.”

INACCURACIES POINTED OUT

Lathan, at the outset, pointed out some inaccuracies in a notice placed in a local Pennysaver over the weekend – also calling out the person (or persons) responsible for the ad for not putting a name on it..

“We do not make amendments and we do not make laws,” he said. “We try to grant relief to residents on the law, that’s all we’re here to do.”

He also read where it said the request would be in “direct contradiction” to the Stafford zoning law.

“Almost every decision that that board makes is a contradiction to the zoning law," he said. "That’s why we try to grant relief.”

The ZBA chair also took exception to the notice’s charged that any change would show a “direct bias in favor of the company and a select few to benefit from this project.”

“I've had the privilege to be on this board for 14 years. We have never made a decision that was biased one way or the other. And I take offense to that, whoever put this in.”

Photo at top: Michael Lathan, left, ZBA chair, and Dan Huntington of BW Solar, talk following Monday night's public hearing. Photo at bottom: The session drew about 30 Stafford residents to the Town Hall. Photos by Mike Pettinella.

Previously: Planning board falls back on its purpose in decision to 'disapprove' Stafford solar project variance requests

A car hauler loaded with new Dodge Chargers and Challengers caught fire and exploded in Pavilion at about 2 p.m. today.

Apparently, the truck's brakes overheated. 

The location was west of the tracks on Route 63.

Two of the chargers on top of the truck caught fire and one exploded. A third vehicle also caught fire.

Reported by Mark Jagodzinski, a senior at Pavilion Central School.

Press release:

The Batavia Development Corporation (BDC) will begin the process of seeking a new Director of Economic Development.

Brett Frank, the current BDC Director of Economic Development, has accepted a position with the City of Batavia, his last day with the BDC will be March 25^th, 2022.

“On behalf of the board of directors of the Batavia Development Corporation we wish Brett the very best in his new endeavor,” said BDC President Lori Aratari.   

In the upcoming weeks the official employment posting and brochure will be listed on the BDC and City of Batavia’s websites.

Press release from Automobile Association of America:

Today’s national average price for a gallon of gasoline is $4.25, down 8 cents from last week. One year ago, the price was $2.88. The New York State average is 4.37, down 8 cents from last week. A year ago, the NYS average was $2.92. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia - $4.35 (down 3 cents from last week)
• Buffalo - $4.37 (down 3 cents from last week)
• Elmira - $4.31 (down 10 cents from last week)
• Ithaca - $4.33 (down 11 cents from last week)
• Rochester - $4.38 (down 4 cents from last week)
• Rome - $4.30 (down 10 cents from last week)
• Syracuse - $4.33 (down 9 cents from last week)
• Watertown - $4.34 (down 7 cents from last week)

Drivers are getting a bit of relief at the pump as gas prices are down across the region. Oil prices are near $110 per barrel this morning rather than over $130 two weeks ago. In August, oil prices were $30 per barrel. Oil prices dropped last week when China announced COVID-19 lockdowns last week.

From Gas Buddy:

“GasBuddy, last week, predicted that a top was in for the national average price of gasoline, and indeed, for the first time in 12 weeks, the national average price of gasoline has declined. While the decline is still subject to changes in global supply and demand, Covid and Russia's war on Ukraine, we are poised to see additional downdrafts at the pump this week in most areas," said Patrick De Haan, head of petroleum analysis at GasBuddy. "For now, gasoline demand has shown absolutely no signs of buckling under the pressure of higher prices, even as California nears an average of $6 per gallon, with spring break travel well underway. If the situation does worsen, with more oil being kept away from global markets, it's not impossible that gas prices would still have to climb a considerable amount for Americans to start curbing their insatiable demand for gasoline."

Three years after taking a stand for First Amendment rights by requesting a transcript from Genesee County Family Court, The Batavian received vindication with a ruling that stated such information cannot be denied to the media company.

Stemming from a Family Court case in November 2019, the request was made after Howard Owens, publisher of The Batavian, was barred access to Genesee County Family Court. Attorney Thomas Burns, who represented a woman accused of hitting her child with an object, had filed a motion alleging that prosecuting attorney Durin Rogers had a conflict of interest because he was also a part-time City Court judge. Burns filed the motion claiming that as a City Court judge, Rogers would also be able to interact with other members of the county’s criminal justice system, and he should be disqualified from that particular case. 

Niagara County Family Court Judge Erin DeLabio barred Owens from access to the courtroom for the conflict of interest hearing, and also ruled against the request for a transcript of the hearing. She cited “confidentiality” concerns that outweighed The Batavian’s belief that the transcript was public information that should be accessible to the press. 

DeLabio’s decision was also partially due to her belief that Rogers had already been elected to the full-time City Court judge position and any potential conflict of interest would therefore have no bearing on the election. The election was not the basis for the initial motion filed by Burns, but, rather, the two roles served simultaneously by Rogers.

Owens and his legal team, led by Heather Murray, managing attorney for The Local Journalism Project at Cornell First Amendment Clinic, filed an appeal on that ruling in December 2020.

A final decision, issued by the Fourth Judicial Department of the Appellate Division on March 18, stated:

“To the extent that the court determined that the attorney disqualification hearing was no longer relevant because Rogers had already been elected to the full-time judgeship, we agree with appellant that the court improperly ignored both the continued importance of appellant’s role in reporting accusations of ethical violations or conflicts of interest on the part of a judge and the principle that, here, it was within the province of the appellant to determine whether the hearing on the disqualification motion remained newsworthy.”

“On the merits, appellant contends that the court violated its right to attend the disqualification hearing and that it is therefore entitled to a transcript of the hearing, the release of which, with appropriate redaction, would be consistent with Family Court Act § 166 … we agree.”

It was a determination expected by Owens based on his knowledge of the First Amendment and state law and assistance from Cornell University, he said. 

“When I was first excluded from the courtroom, I knew the law was on my side. This ruling affirms that all courts in New York are open to the public and can’t be closed to the public without a hearing and factual findings within the perimeters of the law. I knew from my initial research on our exclusion from the hearing that there isn’t much case law affirming this principle for Family Court, so this ruling is especially significant,” he said Saturday.

“The language of the law governing access to courts, including Family Court, is very clear and easy to understand.  It doesn’t surprise me that The Batavian prevailed with its appeal.

“It’s long been my belief that local journalists have an obligation to stand up for transparency in government and the right to public access to public business.  I’m grateful to the Cornell First Amendment Clinic for taking up this case. Mark Jackson and Heather Murray recognized the principles involved in this case and all of the students -- notably Ashley Stamegna -- who did the hard work of researching case law, writing briefs, and presenting arguments, were dedicated to the First Amendment issues at stake.

“One of the principles in this case that I’m glad the court recognized, is that journalists and not government officials, even judges, make editorial decisions and determine what is newsworthy.  When the presiding judge in this case ruled that the material we sought was no longer newsworthy as a reason for her denial of our request for a transcript, it was particularly galling.  It was important that such an egregiously reasoned ruling not be allowed to stand.

“The ruling is also significant because the justices were unequivocal in their reasoning.  There is no wiggle room in this ruling for judges in future courtrooms to close off access without ensuring they are properly following the law.

“It’s important to note, the law still gives Family Court judges great authority to protect the privacy of children in Family Court matters.  This ruling doesn't change that but it does emphasize that judges cannot arbitrarily exclude the public from proceedings.”  

The decision will remand the issue back to Genesee County Family Court to provide Owens with a copy of a redacted (blacking out items of confidentiality) transcript. That’s all he was asking for in the first place, Owens said.

“All we requested was a redacted transcript (to protect the privacy of the family involved in the case), so we were surprised and disappointed in DeLabio’s decision,” he had said at the time of appeal. “Most troubling in her ruling is her statement, ‘The motion was heard AFTER (her emphasis) the local elections. Reporting anything that the (sic) Batavian thinks is relevant to the election after the fact, would have no impact on the election …’”

“Judge DeLabio is not employed by The Batavian. She is not an editor. She is a judge. It is not her place to pass editorial judgments on what is newsworthy.”

We are thrilled by the complete victory for our client,” Cornell Law School First Amendment Clinic student Ashley Stamegna said. “Without judicial transparency, we cannot ensure that justice is being done in our courts of law. The Fourth Department’s opinion reaffirms the New York courts’ commitment to providing the transparency that both the law and the public requires. The opinion also clearly demonstrates that it is the province of local journalists—not the courts—to determine what content is newsworthy.” 

Stamegna argued on behalf of The Batavian at the Fourth Department. The Cornell First Amendment Clinic team at the appellate level included lead attorney Heather Murray, Mark Jackson, Jared Carter and students Timothy Birchfield and Christopher Johnson. Murray and Cortelyou Kenney argued at the lower court with summer fellow Samuel Aber assisting with the briefing.

File Photo: Taken of Niagara  County Judge Erin P. DeLabio in 2019 from outside Genesee County Family Court through the doorway window.

To read the full decision, click here (PDF)

Previously:

• Judge blocks press from covering conflict-of-interest motion
• The Batavian considers appeal after judge rules against request for transcript of Family Court motion

Press release:

Imagine calling 911 for your emergency and nobody came! In times like these, it could be a possibility, but our little Byron Fire Department and Rescue Squad does not want this to happen to you! Last year this small-town squad answered a whopping 276 calls for 9-1-1 in and around the town of Byron. These are the most calls answered from any volunteer ambulance squad in all of Genesee County

The Byron Rescue Squad, started in 1976 has never received any tax dollars, they are funded only by donations. The dedicated volunteers of this small devoted squad are ready and willing to help, but their 14-year-old ambulance is aging and repairs are becoming very costly. The squad is in desperate need of a new one.  The old, outdated ambulance currently in use will last a little longer, but action is needed quickly otherwise the community may be without the critical care vehicle needed to respond to emergencies.

Everyone knows that the cost of nearly everything is rising. Items that were always available are now unpredictable or unavailable. This is the case with our medical supplies as well. Luckily our dedicated volunteers are still more than generous with their time and are happy to arrive at nearly every emergency call in our community ready and willing to assist. Each call requires a driver and at least one EMT. Depending on the emergency, many times additional fire personnel are required to manage the scene, give lifting assistance and provide whatever help needed to safely transport the patient to the hospital. Once at the hospital, ambulance personnel are required to remain with the patient until the hospital’s ER staff releases them and takes on the responsibility of that patient. With COVID and the hospital staff shortages, that time has increased. However, releasing the patient to the hospital is not the end of the rescue squad’s duties! It sometimes takes an hour or more to complete the required documentation.

Every year Byron Rescue sends out to each household a letter requesting donations. Luckily, we receive donations from some of our residents and we are very grateful for those donations. It helps us cover the cost of gas, supplies, some training, and light maintenance of our vehicle and equipment. This past year we had a most generous donation from an average couple (who wishes to remain anonymous). Their donation of $10,000 really jump-started our most needed mission to purchase a new ambulance. Other donations come to us via United Way and a go-fund-me page on the Byron Rescue Squad Facebook page or use this link - https://gofund.me/c0d1d2f7. There are also pledges from some generous individuals made in their last will and testament. A very thoughtful way to say thank you and a final giving gesture to keep Byron a safe place to work and live.

In addition, our department does continue to do fundraising, however, fundraising is very time-consuming, and takes away time volunteers might otherwise have for themselves or helping others. We are planning a chicken bar-b-que this Memorial Day, Monday, May 30th after the Memorial Day parade. This will be held at the Byron Fire Hall around 11:30 a.m. until food is sold out. It will again be a drive-thru event. The cost this year will be $15.00 a half chicken with home-made macaroni salad, coleslaw, and roll. Our firemen will also be outside seeking boot donations. Please plan to come early to enjoy this most delicious meal!! 

The cost of a new ambulance is approximately $200,000. We need to push forward so our dream of a new ambulance can be realized. It is becoming a financial burden to continue patching up our old ambulance; it is draining the funds we need to operate. We will reach a point when we will have to take our current ambulance out of service, but hopefully, we will have a new one purchased before that time comes!

Our Byron Rescue Squad is reaching out to anyone who would like to help us help others by donating to this more than worthy cause. Byron is a great place to live and raise a family, and for the most part our little community has wonderful, caring people, and our community should be very thankful for that! COVID has been a great time to reflect on and be thankful for what we have. We know not everyone has the knowledge and ability to help out when a Medical Emergency happens, and it is sometimes difficult for our volunteers to stop in the midst of their day or night and run to the fire hall, and head out to help those who are probably having the worst day in their life, but that’s what our volunteers do day after day! Everyone who can help should help a little!

If you are a person who likes to help others, consider lending your talents and skills to our dedicated Byron Rescue Squad.  Fall EMT classes are free and they start in September and run through March, usually Tuesdays and Thursday nights in Batavia. There is training here in Byron at the Fire Hall on Monday nights, feel free to stop by and say hello. Please don’t wait for an emergency to do your part, help us get this new ambulance on the road so that we can all be safe!

Press release:

Congressman Chris Jacobs (NY-27) is announcing the NY-27 Congressional Art Competition for high school students is returning.

“I am pleased to announce the Congressional Art Competition is once again open for NY-27 high school students,” Jacobs said. “Last year we had some incredible submissions from young artists in our area, I am looking forward to once again showcasing the talent of Western New York!”

The Congressional Art Competition is a national program started over three decades ago as a way to showcase the extraordinary talent in congressional districts around the country. In NY-27, this program is open to any high school students who reside in the district.

Schools and students wishing to participate are urged to reach out to one of Jacobs’ district offices located in Clarence (716-634-2324) and Geneseo (585-519-4002). All artwork must be submitted between Monday, April 11th, 2022 and Friday, April 15th, 2022.

A reception to celebrate the artwork and recognize the winners will be held. First Place will have their artwork hung in the Capitol for all members and visitors to see. Second Place will have their artwork hung in Rep. Jacobs' Washington, D.C. Office. Third Place will have their artwork hung in Rep. Jacobs' Clarence District Office.

For more information on the Congressional Art Competition and eligibility requirements for artwork, interested parties can visit: jacobs.house.gov/services/art-competition.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is slamming proposed legislation (A.9563) that would establish an excise tax on ammunition purchased in the state, costing sportsmen an extra two to five cents per round. These funds would be deposited into a gun violence research fund, and while proponents of the legislation argue hunters and others who enjoy shooting sports should contribute to efforts that mitigate the harm caused by firearms, Hawley argues such a tax would be an unconstitutional, onerous burden that infringes upon the Second Amendment rights of New Yorkers.

“If tomorrow it was proposed that the faithful be made to pay to freely worship, or that anyone who wanted to espouse a controversial opinion be taxed in order to mitigate the consequences of them doing so, such bills would be dismissed with disgrace,” said Hawley. “When we take our oaths of office to protect and defend our U.S. Constitution as state lawmakers, we make a commitment to defend the document in its entirety, so it’s a shame the Second Amendment has become something members of the Majority feel can be consciously ignored in their policymaking. 

“While those in support of this bill argue that taxing ammunition by just a few cents a round does not place a substantive financial burden on sportsmen, the implementation of financial barriers of any kind to exercise constitutional rights sets a dangerous precedent that could enable the nickel-and-diming of our fundamental liberties in the future. This latest attempt to stifle criminality by inconveniencing the law-abiding may be the most dangerous we’ve seen in some time, and I’d encourage this bill’s sponsors to reflect deeply on the implications its enactment could have on the protection of their favored rights within our constitution.”

Press release:

Joie shared a little bit of her life, her hopes and dreams on WBTA Radio, Friday morning during an Arc GLOW interview on Developmental Disabilities Awareness Month.   She told listeners that shortly after she was born she had a stroke, resulting in a seizure disorder. She has an autism diagnosis and attends Arc GLOW’s Community Prevoc program to help develop work skills.  The Prevoc program introduced Joie to activities including delivering Meals on Wheels and volunteering at a food pantry. 

“I love volunteering at the community food pantry in Oakfield, and would love to open a food pantry of my own someday,” Joie said.

Arc GLOW’s Shelley Falitico shared Developmental Disabilities Awareness Month is a time to raise awareness about the inclusion of individuals with developmental and intellectual disabilities in all areas of community life and it’s an opportunity to highlight their contributions.

“Individuals living with disabilities in Genesee, Livingston, Orleans, and Wyoming counties are making contributions to our community across the spectrum,” Shelley said.  “This month may be nationally recognized as DD Awareness month but we at Arc GLOW celebrate daily individuals with disabilities served, families, guardians, friends, providers, staff and all of those who use their talents and continue to push initiatives that help individuals with disabilities create a more inclusive community,” she added.   (Listen to Friday’s full interview, posted on the Arc GLOW Facebook page).

During Developmental Disabilities Awareness Month, Arc GLOW has kicked off its annual Membership Drive, received proclamations from each of the four GLOW County Legislatures/Boards of Supervisors, and is participating in restaurant and cookie fundraisers across the four counties.  Details can be found on Arc GLOW’s website, www.arcglow.org. 

Press release:

This spring the Wolcott J. Humphrey III Symposium on Leadership and Community Life will return to Genesee Community College. The Symposium honors the memory of Wolcott (Jay) Humphrey, a highly-respected business and community leader who passed away in 2001. Jay dedicated time, resources, and energetic leadership to the college and the GLOW Region. He saw himself as a change agent and encouraged friends and colleagues to develop leadership and change management skills. The Symposium is facilitated by the Genesee Community College Foundation.

As in the past, this year’s Symposium will feature a distinguished speaker and panelists with the purpose of creating an energetic and informative dialogue that will greatly benefit the civic, business, and professional community. Participants will be able to take real-life ideas and techniques back to their organizations and community.

To date, there have been eight Symposiums. Speakers have included Jim Boeheim, B. Thomas Golisano, Honorable William Hudnut III, Dr. Donna Fernandes, Paul Speranza, Fred Grandy, Jerry Greenfield, and most recently Jack Uldrich. This year the focus will be on Climate Change and Sustainability. We are pleased to announce Peter Boyd as the keynote speaker. Peter is a Lecturer at the Yale School of the Environment, a Lecturer in the Practice of Management and a Resident Fellow at the Yale Center for Business and the Environment. He is passionate about system change to a “Net -Zero” world: from writing and speaking to directly helping groups that are accelerating the transition. Peter’s accomplishments are numerous and his expertise and experience will drive a great experience for participants.

In addition to Peter Boyd, the Symposium will feature a panel of experts in various areas impacted and associated with Climate Change and Sustainability. The panel will be moderated by Dr. Benjamin Houlton, the Ronald P. Lynch Dean of Agriculture and Life Sciences at Cornell University. Panelists include William Carleton, General Manager, Solar O&M, Clearway Energy; Andrew March, CEO, Plug Power; Suzanne Hunt, Co-Owner of Hunt Country Vineyards and Curt Gooch, Dairy Science Expert, Land O’Lakes.

Participants will not only have the opportunity to hear the comments of Mr. Boyd and our panelists but will take part in facilitated table talks to further the discussion on Climate Change and Sustainability. The Foundation is focusing on GLOW Region business leaders, Genesee County Economic Development Center, Genesee Valley Educational Partnership and Orleans Niagara School District Leaders and students. We are encouraging businesses to send a leadership team.

In addition, participants will have the opportunity to learn about GCC’s new Solar Electric Technician Certificate. Renewable energy in the form of solar electric (photovoltaic) grid systems are expanding rapidly throughout New York State both residential and commercially. According to data from the Bureau of Labor Statistics, the demand for photovoltaic energy workers is projected to increase 50% or require 6,000 new workers over the next ten years. GCC’s new technical training lab is outfitted with state-of-art tools and equipment to provide students hands-on, practical training with individualized attention for the novice learner to the experienced mechanic. GCC provides a safe, convenient, and welcoming environment with campus amenities such as athletic facilities, library, food service, and student academic support services.

The Symposium will be presented on April 21 with a timeline of 9:00 AM to 1:30 PM. The Symposium will be held in the Richard C. Call Arena. Lunch will be provided. The cost will be $20.00 per participant. Student tickets are free. The event will be live-streamed with access available to registered participants.

We expect that this will be a meaningful event that will challenge our thinking and leadership and help to shape a positive and productive future for our area.

Additional information is available at https://gccfoundationinc.org/humphrey/

Thomas A. Cox
President
Genesee Community College Foundation.

Press release:

Congressman Chris Jacobs (NY-27), NYS Senator Ed Rath (R,C,I - Amherst), and NYS Assemblyman Steve Hawley (R,C,I-Batavia) held a press conference this morning to call on Governor Hochul to reject the NYS Farm Laborers Wage Board’s decision to lower the overtime threshold from 60 hours a week to 40 hours.

“Farming is already a business suffering from labor shortages with incredibly tight margins, if the Governor were to accept this decision it would have disastrous impacts on the viability of agriculture in our state and the security of our rural economies,” Jacobs said. “Lowering the threshold would force producers and workers out of our state, and bankrupt generation family farms. I urge the Governor to reject this decision – made at the expense of our farmers – our region’s future prosperity depends on it.”

"The decision by the Farm Laborers Wage Board to lower overtime hours from 60 to 40 hours is fatal to our farms. As the largest industry in New York, agriculture is a vital part of our Upstate community. With this overtime change, many family farms will not survive. I have spoken with countless farmers and farm workers who have shared their concerns with this hour reduction. I remain deeply troubled by this decision and the impact it will have, not only in my district but across our State," Rath said.

“Our state’s agribusinesses and rural communities are staring down the edge of a cliff as they eagerly wait to see whether Gov. Hochul will stand up for them, or for the special interests who’ve been pushing this policy through the bureaucratic process,” Hawley said. “Farmers, lawmakers, farm laborers and experts alike have made clear the devastating consequences this decision will have on agriculture. In this moment, Gov. Hochul has the power to save agriculture in New York state, or put it down a path that will cause it to become something completely unrecognizable. Having represented a rural part of upstate New York in Congress, I sincerely hope she understands how dangerous this decision would be not just for farmers, but for rural communities throughout the state.”

Jacobs recently joined the New York Republican Congressional Delegation in sending a letter to Governor Hochul outlining the disastrous impacts of this recommendation from the wage board and urging her to reject it. You can read that letter here.

Batavia High School Principal Paul Kesler

 

Batavia High School seniors are on the right path, Principal Paul Kesler says.

Kesler added a number along with his comment: 96. After having a graduation rate of 85 percent in 2011, fluctuating from 89 to 94 percent through 2020, seniors are at a 96 percent graduation rate, Kesler said. The increased percentage is proof that career initiatives and student attitudes are pushing kids on to greater success, he said.

“It’s a testimony of the work done in K through 12,” he said during this week’s board meeting. “We’re finding the right pathways.”

Some of those pathways include  early college opportunities with Genesee Community College and now Daemen College, which is new this year. Daemen hosted a cartooning class free of charge, with the school district paying for supplies. Students became engaged in the class, and it was a success in providing other possible avenues for them to pursue, he said.

A Leave to Learn program exposes students to various career possibilities, such as first responder, manufacturing, counseling and educational occupations. 

“Students are going to be able to select one of six buses, and on that date they’re going to have an opportunity to be with an adult and have an awesome work session,” he said.

The past two years have not only been frustrating for most, but have introduced socialization issues to district leaders, Kesler said. 

“It has caused us to realize that, not only as a district but as a nation, some of the focus needs to be on helping students be able to interact … our mental health is really important,” he said.

A post-graduation program — a Cornell University boot camp offered in collaboration with Genesee County Economic Development Center — will be available to seniors after they graduate. The camp is three days a week of concentrations in manufacturing jobs, Kesler said. Other improved partnerships include local dairy companies for hands-on learning and training, he said.

“We’re seeing more engagement of students,” he said, compared to when kids were remote due to COVID-19. 

May 2 will be “Decision Day” for graduating seniors to have the spotlight to announce their choices of college or career options. Fellow district students will be on hand to cheer them on, he said.
 

Photos and article submitted by Glenn Adams.

Earlier this month the Bethany Fire Department met for an annual dinner and awards event. In a year with over 200 service calls, this event highlights the time and sacrifice of volunteers who serve our community.

Jeff Fluker received the “firefighter of the year” award. Being a fire chief is a thankless job. It entails the visible time spent at fire and accident calls and the weekly Monday evening meetings. But there is also time spent planning, going to other meetings, filling out paperwork, and a host of other details in keeping a volunteer fire department going.

Top photo: Jamie Fluker, Jeff Fluker, and Jeff Wolak

Jeff Wolak received our “fire service award”.Jeff is the assistant chief, and likewise spends a great deal of personal time on fire department business above and beyond the regular meeting and service times. He works with the Chief going to meetings and planning the things that need to be done to serve our community.

Jamie Fluker, Jeff Wolak, and Chief Jeff Fluker

Jim Duval received the “ EMS award”. Tonight was Jim’s last monthly meeting with the Bethany Vol fire company. Jim has been with us for many years. This past year was one of the toughest we have been challenged with. Losing our EMS captain Mel Davis, Jim took everything over that Mel had previously done. Jim and his family have decided to take another path in life and be closer to his family. We truly appreciate Jim’s time, knowledge and dedication, along with his wife, Jane, for always understanding when he left for a fire call there was not telling what time he would be back.

Jim Duval with Chief Jeff Fluker, Jeff Wolak, and Jamie Fluker

As always, we are looking for more volunteers. We always need EMTs, interior firefighters, fire police, there is a job for everyone! If anyone is interested in joining there is always training you can attend to become qualified!! Join today!

Jeff Wolak, Chief Fluker, Lyle Boundy, Jamie Fluker  and FD Captain John Szymkowiak.

The Bethany Volunteer Fire Department.

Photo submitted by Jim Reinhardt. A rainbow this afternoon, visible over the pond in his backyard in Pembroke.

Scott Rozanski was in the hot seat, so to speak, as he presented budget options during this week’s Batavia City Schools board meeting.

Rozanski, the district’s business administrator, reviewed ways to reduce expenses by $756,449 and get the 2022-23 budget to the state-mandated tax ca of 1.62 percent, or 31 cents more per thousand assessed valuations.  Otherwise, district voters would have to approve a budget with a super majority to allow a tax levy increase of more than 1.62 percent.

“(Superintendent Jason Smith) and I have identified some areas to get us to the tax cap,” Rozanski said during Thursday’s board meeting at Batavia High School. 

Rozanski presented a $55 million budget on Tuesday that included what was referred to as “wish list” items of nine new teacher positions, five school bus purchases, and replacing four retiring faculty members with new personnel. He and Superintendent Jason Smith agreed to draft a list of ideas to cut overall expenses, which were brought back to Thursday’s meeting.

Options included not replacing four retiring faculty members; phasing in the addition of teachers over a three-year grant of $5.8 million; and/or not buying the five buses and merging Jackson and John Kennedy school students to ride together on buses, and the same for high and middle school students. 

The busing option could mean a cut of $366,000 in expenses, but, per prior experience, it would create a delay for Jackson kids; they would get on the bus first before the John Kennedy pickup, he said.

There had been complaints about this system when implemented during the pandemic. Most students adapted in time, he said.

“The first two or three weeks the kids are getting used to the process,” Rozanski said. “After three weeks those kids are in a routine. We could take that out and take that reduction.”

Board President Alice Benedict recalled how the shared busing went.

“We had some really young kids on buses for a really long time,” she said. “Does it have to be five buses or nothing? Can we get one more bus?”

That’s possible, and would mean going back to the drawing board to configure bus routes, Rozanski said. 

Benedict wanted to remind all involved that “busing is not mandated.”

“This is a privilege to bus within city limits,” she said. 

As for bringing on nine more teachers, “the district would most likely apply for another grant to support” those positions in three years, she said. However, if that’s not an option, Smith and other administrators would have to review programs “and possibly eliminate the positions, or find other positions that could be reduced to make room for these employees and programs,” she said.

Benedict has previously asked about the ratio of teachers to students, and about enrollment trends. Smith suggested that a consultant may be helpful to advise the district about these particular issues during a future board meeting. 

The Batavian asked Benedict if those newly hired teachers stayed for three years, would they obtain tenure and therefore be permanent employees? Tenure is not an automatic process, she said.

“In three years, the principal (of the school that houses the grant program and employee) and the superintendent, along with the director of curriculum, will make a total review of the need of the position and the performance of the employee before making it a tenured position,” she said. “The board then receives the recommendation to discuss and vote on.”

Benedict asked the board a couple of times during the meeting if anyone had questions. No one responded. All board members will have a say, she said.

“Before anything is concluded, I will have conversations with everyone on the board,” Benedict said to The Batavian. “We have one month to ask as many questions as we need to so we can come to a consensus. It’s my goal every year to get the tax levy as low as it can be. We are still in the process of finalizing the budget.”

A final budget will be adopted before the budget presentation on May 5 and district vote on May 17. In addition to a 2022-23 budget, district residents will also be asked to vote for three school board candidates to replace Michelle Humes, John Marucci and Chezeray Rolle, whose terms expire this year. Board candidates have until April 27 to file petitions for election.

Top photo: Batavia City Schools Business Administrator Scott Rozanski; Batavia City Schools Board of Education President Alice Benedict and Superintendent Jason Smith. Photos by Howard Owens.

During Tech Wars at GCC on Thursday, The Batavian spoke with Chris Suozzi, VP of business and workforce development for GCEDC, about how companies that are opening new operations here -- such as La Fermière and PlugPower -- as well as those that are expanding.

With labor markets tight, Suozzi said the future workforce of Genesee County can be found at events like TechWars, among the kids being turned on to engineering and technology.

He pointed to the $700,000 mechatronics training equipment acquired by BOCES on display at TechWars as one of the ways Genesee County is leading the state in workforce development.

GLOW with Your Hands, he noted, has also been a huge success and is also setting the pace in New York for workforce development. 

This summer, GCEDC starts up the Cornell in High School Program, which will provide training and job experience to 40 high school seniors in dairy science and sanitation in a boot-camp format.

Also this summer, people 18-24 will be able to participate in a tech-job training program that includes 16 hours of free classroom training and a 24-hour paid internship, each week for six weeks, that will lead to a paid apprenticeship with a participating local company. 

Both Suozzi and Rich Monroe, who is leading the mechatronics program at BOCES, mentioned several students who have successfully completed workforce development programs.  One went from selling car parts at $12.50 an hour to an apprenticeship at Barilla Pasta at $15 an hour and in less than a year with the company is now making $28 an hour.  Another student went from working at a convenience store to a job at USG where he started at $22 an hour and is now making $25 an hour.

All with student debt, Suozzi noted.

"It’s not to just go get a job," Monroe said. "It’s to further their education and to get more skills and make them more viable in the workplace."

With notifications made to family members, the Sheriff's Office has released the names of two men stabbed to death on March 11 in a bunkhouse on a dairy farm in Alexander.

Their names are

Elibander Morales, 30.  He is also known as Elibander Morales Velazquez, Elibander Ivan Cruz, and Ivan Cruz.  

Marceleno Gomez Hernandez, 29. He is also known as Marcelino Gomez Hernandez.

Both were pronounced dead at the scene by a Genesee County Coroner.

Both were born in Mexico and had been employed and living in the U.S. for an unspecified period of time.

Taken into custody and charged with murder were  Raul Cruz, 18, of Warsaw, and Prince N.K. Wilson, 23, of Albion.

The men are accused of stabbing and killing two men at a dairy farm at 10216 Alexander Road, Alexander.

The investigation is ongoing.