notify

Slowly but surely, the Genesee County Department of Motor Vehicles office continues to shift gears to reach its destination of returning to full strength.

Signs advising people how to enter the office and stay in line have been placed around County Building I on Main Street, Court Street and Ellicott Street.

“It’s a new directional plan so that when long lines form, people will understand how to stay in a queue, come in and interact on an appointment-basis with our motor vehicle staff,” County Manager Jay Gsell said.

County Clerk Michael Cianfrini previously reported that, initially, the in-office appointments will be reserved for Genesee County residents only. Proof of Genesee County residency will be requested prior to entering the DMV.

Accepted license transactions to be conducted in-office include:

-- Standard, REAL ID and Enhanced License renewals and transfers from out of state;
-- First-time applications to upgrade to REAL ID or Enhanced licenses or non-driver ID cards;
-- First-time applications for non-driver Identification Cards;
-- Applications for Passenger, motorcycle or CDL permits;
-- Conditional or Restricted Licenses;
-- Vehicle registration reciprocity from another state.

Social distancing guidelines, including face coverings in order to enter the building, must be maintained.

Cianfrini also advised residents to use the drop box on Court Street (or near the Town of Le Roy office) or U.S. mail whenever possible. Acceptable transactions for the drop boxes are license plate surrenders, new registrations and registration renewals, title replacements and driver’s license renewals with an eye test.

Any transaction that can be done via drop box or mail will not be processed in-office, and DMV staff encourages customers to continue to utilize drop box services whenever possible.

For more information, call (585) 344-2550 between 9 a.m. and 4 p.m. Monday through Friday and follow the prompts.

A perpetrator is still at large following a late-night break-in at Dave's Ice Cream, 3872 W. Main Street Road, Batavia.

Local law enforcement is looking for an individual who made forced entry into the ice cream shop at about 10:50 p.m. and was wearing black pants, a black coat, a gray hoodie, white gloves, and a black mask.

The subject attempted to gain entry to the cash register before fleeing in what appeared to be a small, white SUV.

Owner Debra Webster became aware of the burglary in progress because of a security camera in the store that alerted her on her phone to activity inside the closed and locked shop. She called 9-1-1 and Sheriff's deputies, with back up from Batavia PD and State troopers, responded but the perpetrator had left before police arrived.

Webster said the burglar did not seem familiar with the store and that no money was left in the store so no money was taken.

She is offering a $1,000 reward for information leading to the arrest of the criminal.

The Sheriff's Office is continuing the investigation. Anyone with information pertinent to the case is asked to call Investigator Chris Parker or Deputy Jordan Alejandro at (585) 343-5000.

UPDATE: Photo of the intruder's face submitted by Debra Webster.

VIDEO: Courtesy Debra Webster. Note: The submitted video was 2:30 long. We've trimmed it to include only the portions that show the intruder and the SUV.

(Initial Report)

A burglary in progress was reported at Dave's Ice Cream, 3872 W. Main Street Road, Town of Batavia, about 25 minutes ago. Several Sheriff's deputies responded initially and found the front door secure, but noted there was forced entry through the back door.

Dispatchers were told the cash register drawer was on the floor, and a light was on in a portion of the building.

No one was located inside; the building was deemed secure.

A security camera at one point, briefly, showed an individual on the premises.

The suspect is described as wearing all black, including a hoodie and gloves.

A search for the suspect by law enforcement is underway and includes Batavia police and NYS Troopers. They are establishing a perimeter for the search area.

Dionna Thomas, in top photo, sells tickets for the door prize raffles while others enjoy a ride on the horses this afternoon during the Juneteenth celebration promoted by the Just Kings Social Club at the YWCA of Genesee parking lot at 301 North St., Batavia.

The event, which also is featuring live entertainment and a chicken barbecue, will run until 7 p.m.

Photos by Mike Pettinella.

During a press conference in Buffalo today, while announcing he was not pursuing criminal charges against congressional candidate Chris Jacobs, Erie County DA John Flynn "called out" the anonymous person who filed a complaint against Jacobs for alleged "voter fraud."

"There is no doubt that I'm being used here to a certain extent," Flynn said. "I didn't just fall off the turnip truck, you know. I've been around for a long time. I've seen a lot of things. When I feel like I'm being used, I feel like someone is, put John Flynn aside, someone is using the District Attorney of Erie County and that bothers me a lot."

Flynn declined to name the complainant but said the complainant's failure to identify him or herself is once the complaint was made public -- through an anonymous tip to a Buffalo TV station -- didn't sit well with him.

"I think it's pretty weak that you won't let anyone know who you are," Flynn said. "I'm going to say that publicly and I know the person won't want to hear it and I say, 'too bad.'"

The person who made the complaint called Flynn directly, he said, and then Flynn's staff and that person's attorney exchanged emails about the allegations.

After reviewing the allegations, Flynn decided not to file charges against Jacobs.

The person making the complaint alleged that Jacobs circulated petitions last summer using an address for an Orchard Park house he had made a deposit on but had not yet purchased. If that were a crime, Flynn said, it would be offering a false instrument for filing. And if it were a crime, Flynn said, it would be outside his jurisdiction because the petitions were filed in Albany.

The two other allegations against Jacobs were that he registered to vote at the Orchard Park address on Sept. 3 but didn't close escrow on the property until the end of September. Then, he used that address as his voting address on Nov. 5 while maintaining another residence in Buffalo.

Flynn said Jacobs came into Flynn's office voluntarily and shared with the DA paperwork and information about maintaining two households. He purchased the house in Orchard Park and invested a substantial amount of money in renovations while also continuing to pay utilities on that residence. Meanwhile, after the pandemic hit, Jacobs decided to spend more time in Buffalo where he could be closer to his mother and assist her during the pandemic lockdown.

He said the evidence undercuts any claim that Jacobs might have had an intent to defraud anybody therefore his actions were not criminal.

"Under election law, it is legal to have two residences," Flynn said. "It was Jacobs who voluntarily came into my office and voluntarily gave me the whole story, he readily admitted he owns two homes, readily admitted during COVID-19 crisis he lived more so at home in Buffalo because his mother lives near him and he wanted to stay close by and help his mother

"He readily admitted he spent more time at his buffalo address," Flynn added. "That is not a crime. It is not a crime to have two residences. There is nothing the in law that says you have to live at one resident X-number of days or X-number of hours to have that declared as your residence."

Because Jacobs invested a substantial amount of money in the other house and because he has continued to pay the utility bills there, there is no "aura of a sham," which would be necessary, he said, to prove an election fraud case.

Jacobs issued the following statement following the announcement:

Chris Jacobs is releasing the following statement in response to DA Flynn’s dropping of the false complaint.

“I want to thank D.A. Flynn for his swift dismissal of Beth Parlato’s phony complaint. And I further want to thank D.A. Flynn for allowing me to come in of my own volition and present him with complete documentation that completely disproves these attacks from Beth Parlato.” 

“It’s now clear Beth Parlato orchestrated this stunt and abused the justice system solely as a political attack and to run a negative television attack ad. It’s shameful, but not surprising. Beth Parlato must immediately take down her false, negative ads. The voters of Western New York are a lot smarter than Beth Parlato thinks and I suspect they will reject her and her nasty, negative campaign on Tuesday.” 

The Batavian offered Beth Parlato a chance to respond to the Jacobs' allegation that she was behind the complaint and got no response to our email request.

Hours after news of a complaint was filed, Parlato released a campaign commercial that accused Jacobs was the subject of a criminal investigation. She also included the same accusation in a press release sent to The Batavian yesterday. There was no criminal investigation, as Flynn revealed today.

Parlato has not issued a statement regarding Flynn's decision to drop the complaint.

Stefan Mychajliw:

“My initial statement on this matter is just as relevant Thursday as it is today: the District Attorney and voters will pass final judgment on Chris Jacobs. Judgment has been passed by the District Attorney. Now, voters will decide for themselves who will be the Republican nominee for New York’s 27th Congressional District in November. Nevertheless, it is troubling to just now find out from the District Attorney that Chris Jacobs admittedly does not live in the 27th Congressional District."

Nate McMurray:

“It is concerning that in a day a complaint of voter and election fraud of a Congressional candidate and State Senator can be dropped, so quickly. No one knew about this until the local news reported it yesterday. Yet here we are, everything resolved with a 5:00 p.m. press conference on a Friday the weekend before an election--just hours after a visit from Jacobs and his attorneys,” said McMurray. 

“If only justice worked so swiftly for regular people, and not just people who can afford the best attorneys. I will tell you this, regardless of what loophole he used, what he did was meant to mislead. He knows. But the people of Western New York, most of us never get a break. Chris? He gets all the breaks,” said McMurray.

Speaking of misleading, McMurray posted this tweet this evening:

Months ago, pre COVID, I sat down with @howardowens for an hour long, no cut interview.

Jacobs refused. https://t.co/7jozhNRpDu

— Nate McMurray for Congress 2020 (@Nate_McMurray) June 20, 2020

Jacobs did not refuse an interview with The Batavian. Jacobs, like McMurray, Parlato, Duane Whitmer, and Mychajliw, all participated in interviews.

Effective Saturday, Martin Moore is out as City of Batavia manager.

The City issued a press release minutes ago, stating as follows:

The City of Batavia and City Manager Martin D. Moore, Ph.D., have mutually agreed that he will be leaving on June 20, 2020, to pursue other opportunities.

The City would like to thank Marty for his service to the community since October 2018 and wish(es) him the very best in future endeavors.

In accordance with the City’s Charter, the Assistant City Manager Rachael Tabelski will assume the role on the departure of the Manager.

Specific reasons for the parting of ways were not immediately disclosed.

A call to Moore's cell phone of record was not answered.

Contacted by telephone, City Council President Eugene Jankowski said that “it’s a personnel matter and therefore I am unable to make a public comment.”

When asked if Council will be discussing the situation publicly during Monday night’s Conference and Special Business meeting, he said, “I don’t believe so.”

Earlier this month, there were indications that Moore’s tenure was about to come to an end.

In a June 9 story on The Batavian, Council Member Robert Bialkowski commented in connection to a 90-minute executive session of City Council following its June 8 meeting.

“As usual, in politics there’s always something going on, but I can’t comment. You’ll know soon enough,” Bialkowski said.

Jankowski, when advised of Bialkowski’s statement at the time, also refused to comment.

Moore reportedly caused the City some embarrassment recently when he made a commitment to racial justice advocates that the City would support a BBQ for Equality on June 7 at Williams Park without going through Council for proper authorization.

The event was cancelled, setting the stage for the March for Justice protest in Downtown Batavia on that day.

City Council hired Moore in August 2018 and he began his duties two months later.

His contract stipulated for a starting salary of $110,000, with increases of $2,000 annually. He also received retirement benefits, paid family medical insurance, three weeks’ vacation, life insurance and a relocation reimbursement up to $10,000.

Moore had been the city manager of Eunice, N.M., for seven years prior to relocating to Batavia.

He replaced former manager Jason Molino, who left in January 2018 to take the Tompkins County administrator position. Public Works Director Matt Worth filled in as the interim city manager during the search for Molino’s successor.

Novak Consulting Group of Ohio, the firm utilized in the search for a new manager, reportedly guaranteed that person would stay on the job for at least two years or else the next search would be at no charge.

While there was no official word, Moore's contract stipulates that he will receive some type of severance pay.

When Moore was hired, Jankowski praised his professional record, which included being voted “City Manager of the Year” in 2015 by the New Mexico Municipal League for his “handling of the city’s finances and progress of the community and how it operates.”

“He is articulate and personable,” Jankowski said, “and all of us have been very impressed by him.”

At the time, Jankowski said Moore’s wife had family in North Tonawanda and that they had been looking to relocate to Western New York.

Moore's previous executive management experience includes a four-year stint as a consultant, census 2010 crew leader and general manager in Timberon, N.M.; county manager for Otero County, N.M.; executive director of Eastern Arizona Counties, and director of development and community services for Apache County, Ariz.

An Eagle Scout, he was a member of several professional associations and president of the Eunice Rotary Club. He and his wife, Joanne, have seven children.

Reflecting upon his recent less-than-positive interaction with City officials over a BBQ for Equality event that didn’t happen, Batavia native Macy Paradise III asserts that the line of communication between the local government and racial justice advocates is still open.

“Since then, I’ve been learning a ton about City Council and the inner workings of it,” said Paradise (photo at right), who met with City management and law enforcement on June 1 in an attempt to set up the barbecue at Williams Park on June 7. “Local politics have always been of interest to me, and I’ve been an advocate for peace since the Iraq War.”

Paradise, speaking by telephone on Wednesday, said things have been smoothed over now, but he is disappointed that City leaders backed off on assurances that they would support the barbecue, which was to take place in lieu of a proposed March for Justice protest in Downtown Batavia.

As it turned out, the protest did take place on that first Sunday of this month and it proved to be peaceful.

According to Paradise, the BBQ for Equality evolved from the City taking a stance against a march or protest. He said that he and co-organizer, Chelsea Bianchi, of Le Roy, met with City Manager Martin Moore, Assistant Manager Rachael Tabelski, Police Chief Shawn Heubusch and Assistant Chief Chris Camp.

“When we originally sat down, they said that they were completely against any protest whatsoever and asked if we had any other things as alternatives to make it a little more peaceful,” said Paradise, 35, an employee of WNY Developmental Disabilities State Operations and Offices. “We had come up with the idea of doing the barbecue. As soon as it was mentioned, Heubusch started to agree to it, thinking that was probably the best way. He suggested doing it at Williams Park.”

Paradise said that Moore was asked if state regulations concerning COVID-19 would allow for such a gathering, and responded that it was just a suggestion from the governor, not necessarily a regulation, and that “we could get past the COVID aspect.”

“Then we asked them what we would be able to do about the food and electric situation at the park,” Paradise said. “Heubusch and Moore talked about the idea of including City Church and Heubusch pretty much said that he was almost 100-percent sure that City Church would help with the food aspect of it. Moore said that he would be able to turn the electricity on, but would not be able to open the restrooms due to the COVID aspect.”

Tabelski then offered to post promotional material on the City’s website, he said.

“She asked me to make a flier right away, which I did, and I sent that to her,” he noted. “I have email correspondence stating that it’s all a go, and we’re moving forward.”

The next day, a letter from Heubusch directed to City business owners went out, which, to Paradise, “was kind of almost a warning to the Batavia businesses that we were having this event.”

Paradise said plans for the barbecue went south after City Council President Eugene Jankowski apparently had received reports about the meeting.

“Jankowski said something to us after we had started promoting the flier,” Paradise said. “He had mentioned in a comment – at this point, I had no clue who he was – that it needed to be agreed upon by City Council, and that there is no City-sanctioned event.”

Paradise acknowledged that he wasn’t aware of the City’s application process (and wasn’t advised of one).

“If I would have known, I probably would have asked for more assurances on paper. I just assumed that because the City police chief and manager are saying ‘yes’, that it was a definite. Obviously, I was in over my head,” he said.

Paradise said he called Heubusch prior to a scheduled meeting on Wednesday afternoon, and got the news that the City was unable to proceed as planned “due to the issues with City Council and getting the proper permission.”

He also said the police chief urged him to cancel the protest.

“At this time, I was in correspondence with Greg Munroe, Ray Williams and Vic Thomas (members of the March for Justice team that organized the protest),” Paradise said. “They had decided that the barbecue wasn’t really their thing and wanted to move forward with the protest. I told Heubusch that I was going to follow their lead now and I would no longer push the barbecue issue.”

Jankowski, acting as a Batavia resident and not speaking on behalf of the City, issued a public apology on Wednesday:

“I would like to personally apologize to the BBQ for Equality organizers, Macy Paradise and Chelsea Bianchi, for any misunderstanding I may have caused involving the cancellation of their event. I’m confident we can continue to move forward in a positive direction.”

Previously, Jankowski said he was sorry on a Facebook post, which read, in part:

“The city manager made all the promises Macy said he did even though he wasn’t authorized to do so. I was given misinformation and I believed it. I apologize and I am working to make it right with Greg (Munroe), Macy and Chelsea.”

Moore, contacted by phone on June 10, said he did not wish to comment about any possible miscommunication.

Paradise said he “appreciates the apology.”

“I am actually friends now with Jankowski on Facebook and we’ve had a couple conversations privately since that time,” he said. “We have handled it exactly how you would expect it to be handled – very maturely. We’re good. I would say that moving forward, we’re definitely able to work together.”

Paradise said that he was confident that the March for Justice protest, which drew several hundred people, would remain peaceful and safe.

“If there wasn’t so much City resistance, I would have moved forward with (promoting the protest),” he said. “I have way too many friends, locally, that are business owners and I wasn’t willing to put anything in danger when it comes to the City, our community.”

He said his "Embrace Racial Equality" group on Facebook has grown to more than 2,000 local members in the two weeks that it has been posted.

“It’s really just a news resource where people can come and asked questions, get educated on the movement, receive some background knowledge, and ask questions of City Council and other officials,” he said.

Paradise also said he hopes to revive discussions to hold a BBQ for Equality.

“The BBQ for Equality is just postponed, really. It’s not necessarily cancelled,” he said. “We’re planning to do that in the fall with live entertainment. Hopefully, we can work with the City to see about getting the application.”

This weekend, the March for Justice group is conducting a June Teenth Freedom Day, a register-to-vote celebration, set for 3 to 8 p.m. Friday and noon to 7 p.m. Saturday on the parking lot of the YWCA of Genesee County at 301 North St., Batavia.

The event will feature food, beverages and live entertainment. On Friday, Paradise will provide the music in his role as DJ Macy Paradise and will be accompanied by his girlfriend, Nicole "Nici" Johnson of WBTA Radio.

YWCA Executive Director Millie Tomidy-Pepper said she’s on board with it, but did advise that social distancing guidelines will be enforced and that participants are required to wear masks.

“We wholeheartedly are supportive of the group, its mission and the event,” she said. “As you know, the YWCA stands for peace, justice, freedom and dignity for all.”

A 45-year-old Oakfield resident is in critical condition at ECMC following an ATV accident on Drake Street last night.

James P. Lucki, of Drake Street, was driving a 2003 Arctic Cat four-wheel ATV eastbound on Drake in the Village of Oakfield when it crossed over the westbound lane and left the roadway off the north shoulder. The ATV struck a 2020 Toyota two-door sedan that was parked in a residential driveway. 

Lucki was ejected from the ATV.

Jeff McIntire, 2nd assistant chief with Oakfield Fire, said the driver was located behind the vehicle that he struck on the ground.

“He was conscious and alert upon arrival, his condition deteriorated as we moved him to Mercy Flight," McIntire said. "He was not conscious and alert when he was flown from the scene to ECMC.” 

Lucki reportedly sustained lower leg injuries, chest injuries and abdominal injuries.

The car was unoccupied.

The accident is still under investigation by the Sheriff's Office.

(Initial Report)

Additional reporting and photos by Alecia Kaus/Video News Service.

Genesee Community College President James Sunser couldn’t have used a more appropriate word than “retrenchment” while sharing the financial plight of the two-year institution with the County Legislature’s Ways & Means Committee this afternoon.

Sunser and his staff were forced to implement large-scale retrenchment – the reduction of costs or spending in response to economic difficulty – to formulate a 2020-21 operating budget that takes into account an anticipated 30-percent reduction in aid from New York State.

And drafting a spending plan that compensates professors, teachers and staff while providing necessary student services will be a daunting task for quite some time, he said.

“Indications from the state are that these reductions should be planned for 2021-22 as well, so we’ll continue to work with bringing our budget into line,” Sunser said. “It is going to be, not surprisingly like it is for the county and all other groups, painful.”

Sunser emphasized that the dilemma isn’t due to “deficiencies on the part of the staff or the faculty … but, unfortunately, it is going to require some substantial changes in what is going on at the college.”

The college’s Board of Trustees approved a $38.1 million budget for the next fiscal year that starts on Sept. 1, and that’s about 8 percent less than the target of $41.6 million (the amount of the 2019-20 budget).

Furthermore, around $2 million from the college’s reserves was used to balance this year’s budget, which may take another state aid hit in the fourth quarter.

County's share is $2,636,374

Genesee County has budgeted $2,636,374 for the second straight year for its sponsorship of the college, action that is subject to a public hearing scheduled for 5:30 p.m. July 22 at the Old Courthouse. The Ways & Means Committee approved the date of the public hearing as well as the contribution.

Sunser said the county’s decision to not reduce its sponsorship is key to preventing further financial implications.

“We have had a number of conversations with the county about maintenance of effort,” he said. “Without maintenance of effort, it puts into play a number of additional considerations that SUNY (State University of New York) would impose on the college.”

Sunser said a multistep plan was put into place in order to “deal with the deficits coming from the state” and achieve the $38.1 million mark.

“Currently, the state is suggesting that next year’s budget for the college will include a 30-percent reduction in state aid. Obviously, when your operation is labor-intensive – we teach and we support students to get through their academic programs – you’re not going to be able to go through that without having some type of adjustments made,” he explained.

He outlined some of the cost-cutting measures:

-- Freezes of travel and training;
-- Deferral of capital projects, other than critical maintenance issues;
-- Deferrals of a printer purchase replacement, office supplies, contractual services, facility improvements;
-- Freeze on hiring of adjunct professors.

Salaries to be Frozen in 2020-21

He also indicated that to close an additional $2 million budget gap during the course of the 2020-21 fiscal year, significant cuts in salaries and positions have to be realized.

“We have looked at instituting management confidential pay freezes. We have two collective bargaining units on the campus – one is our combined faculty/administrative group and the other is our CSEA group,” he said. “We negotiated with both of those groups to take pay freezes so everybody will be on a pay freeze for the 2020-21 year – and that was approved by both unions.”

Beyond that, management negotiated with the faculty/administration union to give notice to employees who are going to be retrenched (or laid off). Sunser said the union approved a period of Oct. 31-Dec. 31 for retrenchments, and that will result in savings of eight months’ worth of potential salaries.

He also said a process of involuntary retrenchments to close the rest of the gap has begun, with notifications going out to the Civil Service group by July 1 with a July 31 retrenchment, and by Oct. 31 with a Dec. 31 retrenchment for the unionized faculty/administration group.

Employee retrenchment is a cost-cutting tool for businesses or organization to use in times of economic hardship – a form of dismissal due to no fault of workers. Retrenched employees are eligible for compensation along the lines of severance pay, money equal to annual leave or time off, and notice pay, and also may file for unemployment insurance.

There’s more, Sunser said, as the Board of Trustees approved a voluntary retirement incentive beyond stipulations in existing contracts with the unions.

“Through that retirement incentive we have realized 23 voluntary retirements,” he said. “Those are going to be occurring as of July 31, so that will help close that gap (in state aid) that we’re anticipating in the last month of the current year."

Programs of study are under review as well, and some may be discontinued.

“We’re talking about a 41 and a half million dollar budget that’s going to be about five million dollars less by the end of next year,” he said, “and there’s no way of doing that without involuntary retrenchments, which is unfortunate, but that where we find ourselves.”

College Tuition is Increasing

Donna Ferry, a member of the Board of Trustees, reported that tuition has been increased (to $4,550 for New York State residents) for 2020-21, but “GCC still is the second lowest in the state across the board as far as tuition (for two-year colleges).”

She also said that the present uncertainty could result in lower enrollment next year, but “the team is working really hard to get those numbers up.” Enrollment (full- and part-time) as of the Fall 2019 semester was 5,324.

Legislators Gary Maha and Rochelle Stein commended Sunser and his staff for going through the unpleasant process, with the former placing the blame squarely on Gov. Andrew Cuomo.

“It is nobody’s fault but Albany’s fault, in my opinion,” Maha said. “It’s the governor’s indiscriminate spending. He’s something like $13 million in debt and we all have to suffer.”

Stein said the college’s budget process was “thoughtful, transparent and clear,” and pointed out that the “communications piece of this is very critical to our community, to your staff, to your teachers, to your professors, to the support staff and to our partners in our other counties.”

Sunser thanked the collective bargaining groups for their concessions, attributing that to a “level of trust” during negotiations.

“We had very candid conversations about … how many more people that might not be able to be at the college and they stepped up, I believe, as responsible leaders and advocated with the bargaining unit groups to go ahead and approve these things -- especially the notification claims,” he said.

Press release:

As of 2 p.m.

• Genesee County received zero new positive cases of COVID-19, for a total of 206 positive cases.
  • One of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Zero of the total active positive cases are hospitalized.
• Orleans County received three new positive cases of COVID-19 today, for a total of 259 positive cases.
  • The positive individuals reside in Ridgeway, Murray and Gaines.
  • One of the individuals is in their 20s, one of the individuals is in their 60s and one of the individuals is in their 70s.
  • One individual was on mandatory quarantine prior to testing positive.
  • Fifteen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
  • We are sorry to report we have lost another Orleans County resident to COVID-19. The individual was a resident of Orchard Rehabilitation & Nursing Center. Our heartfelt condolences go to the family and friends of this individual during this very difficult time.

While expressing remorse in having to eliminate jobs, Anibal Soler Jr. today said he is excited over the public’s approval of the Batavia City School District 2020-21 budget and the capital project that will result in a new playground at Jackson Primary School.

The district’s first-year superintendent also said he is looking forward to a revised commencement event on Saturday, June 27 that will feature four or five outdoor mini-graduation ceremonies at Batavia High School on State Street.

“It’s a good outcome for us,” Soler said in regard to Tuesday’s absentee ballot tabulation on the $51.4 million spending plan that passed with 1,489 “yes” votes compared to 862 “no” votes. “We worked hard; it was a tough budget season. Obviously, we had to make some tough decisions.”

Soler said it was difficult laying people off, but admitted the district “had to right some things” in light of its – and the state’s – current financial situation.

“I appreciate the community for supporting our budget with a zero percent tax increase, which is important given the economic crisis caused by the pandemic,” he said. “And we still don’t know what the future will look like as people go back to work.”

Batavia’s budget could be subjected to cuts down the road since Gov. Andrew Cuomo has specified different measurement periods through the end of the year in regard to the state budget. Any revenue shortages incurred by New York State likely will result in reduced state aid to local governments and school districts.

Soler said he hopes for the passage of a federal stimulus package to provide funds to the states, but, if not, the district did include a “pandemic adjustment” line in its budget.

“We hope there’s no impact but we won’t know until the governor makes a decision on his budget,” he said.

Jackson Project Passes by 198 Votes

The superintendent said he is happy that Jackson Primary School will be getting an age-appropriate playground and restroom renovation after residents passed a capital project referendum by a 1,277 to 1,079 vote.

Funded by capital reserves, the $619,151 project will cost the district about $60,000 after state aid is appropriated – and it does not affect the tax levy.

“I’m excited that the kids got an age-appropriate playground as we continue to make Jackson Primary a premier primary school in our region,” Soler said.

He also said he was pleased that three current board of education members – Alice Ann Benedict, Barbara Bowman and Tanni Bromley – will be returning.

“To have consistency on the board always helps us as we continue to work together and implement the mission and vision of our district,” he said.

Soler also responded to questions about the abolished positions and layoffs, public comments criticizing changes in the reading program at the Middle School, and administration’s relationship with the Batavia Teachers Association.

Administrators to be Reassigned

He said that two administrative positions – coordinator of assessment & instructional services, and the other in technology -- were abolished and those two employees will be reassigned to fill two vacant assistant principal positions.

“That was a decision of the board to protect building level administrative positions versus district level – in terms of people who were at a higher level,” he said, noting that the district has two assistant principals at both the high school and middle school and one at both John Kennedy Elementary and Jackson Primary.

Soler did not disclose the names of the new assistant principals or where they would be assigned, only saying that the board of education is scheduled to approve the transfers at its June 22 meeting.

“We’re looking at making sure there are strong teams on every campus, and we may move our assistant principals across the four buildings to make sure we have a balance of talent, also gender, things of that nature,” he said. “There is a plan for reorganization that will be shared publicly once the board approves the assignments.”

Soler said that although the district abolished or eliminated about 33 positions, only about seven teachers were laid off after the district learned of retirements and resignations.

“And recently a special ed teacher told us they are moving out of state, so that will bring back one that was laid off,” he said. “We believe we will chip away, and hopefully, depending upon attrition and retirement and moves, potentially we will have nobody laid off at the end of the day.”

Changes in Approach to AIS Reading

Academic Intervention Services is a program for students challenged in reading and math. Soler said the district is modifying the way it delivers these services.

“Our elementary teachers have been doing the (AIS) math, so they’ll just pick up the reading,” he said, adding that New York State regulations allow for elementary teachers to provide instruction in AIS math and reading. “In the past, they had reading specialists. But we don’t necessarily need a reading-certified person to deliver AIS. An elementary certified teacher can deliver this to the kids.”

Soler said AIS is only for pupils who have been identified as needing additional support.

“We will be able to give kids what they need,” he said. “Yes, we changed our approach a bit but we believe we can still deliver high-quality programming. Plus, we protected all of our electives, which we know kids love – art, music, physical education, things of that nature.”

Lessons Learned During Budget Process

Soler acknowledged some missteps in dealing with the Batavia Teachers Association, which was asked (and refused) to take a pay freeze to avoid layoffs and, later on, voted against a proposal to change the start and end times of the school day.

“I think it was a tough process, and they didn’t know me and they still don’t necessarily know my approach or my focus,” he said. “So, I think that some things may have been miscommunicated given the fact that I came in January and the budget process started a month or so after that. In hindsight, I learned some lessons for myself on communication and trying to get the word out.”

He said he heard “a lot of negative feedback from people assuming that reading was eliminated.”

“We didn’t completely eliminate reading; we did reduce it,” he said. “And those were people who didn’t have 25 kids in their class, or 22 kids; they were supplemental supports.”

Soler said he hopes there isn’t any lingering animosity with the teachers’ union.

“I appreciate them even exploring the scheduling as an option of (cost) savings. That didn’t work out but we’ll continue to work through those conversations and maybe down the road we can re-explore that,” he said.

Graduation Under the Willow Tree

The governor’s mandate that graduations be limited to 150 people have quashed the district’s plan to have commencement at Van Detta Stadium.

“We have more than that graduating (165), so our high school principal, Mr. (Paul) Kessler, has developed a plan to kind of have smaller, micro-graduation ceremonies all on the same day,” Soler said.

The new arrangement is to have 30 or so seniors with their parents and some staff taking part in the smaller graduation ceremonies – in front of the high school under the willow tree that has been the backdrop of numerous commencement exercises in the past.

Soler said the first one will start at 11 a.m. Each ceremony will run for about 45 minutes and will be followed by a 30-minute intermission to allow for people to leave and the new group to enter. Each student will be allowed to invite a maximum of four family members and/or friends.

A statement issued today by City of Batavia Police Chief Shawn Heubusch in response to Gov. Andrew Cuomo’s Executive Order mandating that all New York police agencies must revise their policies and procedures by April 2021 or risk losing state and/or federal funding:

“The Batavia Police Department is working towards New York State accreditation and follows all of the most current policies and procedures from the Division of Criminal Justice Services and the Municipal Police Training Council (MPTC) with regards to Use of Force and other policies governing police services.

“The BPD remains dedicated to community involvement and community policing. The men and women in the BPD seek to identify and de-escalate problems as they arise among residents and they take their duty to protect and server seriously. The officers in the City of Batavia are dedicated, professional, public servants who serve the community every day to the best of their abilities.

“After reviewing the Governor’s new executive order with the City Manager’s Office, I feel that we as a department are well positioned to move forward to enhance our police services. We have most of the polices and “evidence-based policing strategies” in place here in our City.

The BPD will continue to seek community input and will look forward to working with City management, the City Attorney, City Council, City leaders, City residents and our collective associations in regards to the executive order.”

On Monday, The Batavian posted a statement from Genesee County Sheriff William Sheron in response to the Executive Order.

Voting on Byron-Bergen Central School's $24,599,800 budget, bus purchase and board of education election:

Proposition #1 – Budget
Yes – 751
No – 396

Proposition #2 – Bus Purchase
Yes – 758
No – 397

School Board (Two Open Seats)
Tammy Menzie – 793
Amy Phillips – 737
Lynn Smith – 553

Voting on Pavilion Central School District's $17,684,182 budget, board of education election and board seat modification:

Proposition #1 – Budget
Yes – 417
No – 106

School Board (Two spots – incumbents running)
Margaret "Peg" Gaston – Elected to a five-year term
Callin Ayers-Tillotson – Elected to a five-year term

Board seat modification (Change length of term from three to five years)
Passed

Voting on Pembroke Central School's $23,679,522 budget, proposition and board of education election:

Proposition #1 – Budget
Yes – 952
No – 543

Proposition #2 – Purchase of school buses
Yes – 893
No – 601

School Board – Unexpired Term
Daniel Lang – 1,311
School Board – Five-Year Term
Heather Wood – 1,258

Corfu Public Library Board
Kimberly Harlach
Julie Hengenius
Kristie Miller

Voting on Batavia City School District's $51,470,726 budget, capital project and board of education election:

Proposition #1 – Budget
Yes – 1,489
No – 862

Proposition #2 – Capital Project (Jackson Playground, Restroom Renovation)
Yes – 1,277
No – 1,079

School Board – Three Positions
Alice Ann Benedict – 1,828
Barbara Bowman – 1,779
Tanni Bromley – 1,623
Write-in candidate – John Reigle – 489 out of 544 total write-in candidates

Library Trustee – Two Seats
Kristie Evans – 2,096
Write-in candidate – Leslie Moma – 45 out of 234 total write-in candidates

Voting on Le Roy Central School's $26,334,488 budget and board of education and library trustee elections:

Proposition #1 – Budget
Yes – 999
No – 286

School Board (Two 3-year terms)
Richard Lawrence – 1,041
Jacalyn Whiting – 988
Write-in, Alicia Reschke – 119

Woodward Memorial Library
Trustee (One) – Michael Iten – 1,176

Voting on Alexander Central School's $18,540,258 budget and board of education election:

Proposition #1 – Budget
Yes – 611
No – 306

School Board (One spot open)
Christopher Mullen – 511
Diane Steel – 350
Write-in candidate – 10

Voting on Oakfield-Alabama Central School's $21,123,746 budget, propositions and board of education election:

Proposition #1 – Budget
Yes – 706
No – 276

Proposition #2 – Capital Improvements Project, 2020
Yes – 567
No – 393

Proposition #3 – Buses
Yes – 663
No – 295

School Board (Top Three Elected to the Board)
Jackie Yunker Davis – 654
Pete Zeliff – 601
Daniel N. Groth – 599