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County planners to consider permit, variance for 20-unit addition at DePaul Apartments; cell phone tower in Byron

By Mike Pettinella

A referral for a special use permit and area variance for an addition of 20 housing units at DePaul Apartments, 555 E. Main St., Batavia, is on the agenda for Thursday’s Genesee County Planning Board meeting via Zoom videoconferencing.

Paul Schreiner of Parrone Engineering of East Rochester, acting on behalf of DePaul Properties, filed building permit, special use permit and Zoning Board of Appeals area variance applications for the construction of a 20,100-square-foot, two-story, 20-dwelling unit addition to the existing 42-unit development.

The current 49,786-square-foot multifamily complex on the north side of Route 5, west of Eastown Plaza, was built in 2009. Applicants for the one- and two-bedroom apartments must meet eligibility requirements of the Low-Income Housing Tax Credit Program.

The project also will include the expansion of the existing parking area, adjustment of the existing storm drainage system and site grading. Whitney East of Rochester has been selected as the general contractor.

Following a review and recommendation by county planners, the proposal is scheduled to go before the Batavia City Planning & Development Committee on June 16 for a site plan review and then to the City ZBA on June 25 to review and act on required variances.

Variances required are as follows:

-- The maximum permitted number of dwelling units per building is 16 for large-scale multifamily developments. Currently, there are 42 units and 20 more are proposed for a total of 62.

-- Buildings in large-scale multifamily developments are required to be set back from interior roads, driveways and parking lots by at least 20 feet; eight feet is proposed.

-- Off-street parking is required at a rate of 1.5 spaces for each dwelling unit. The proposal calls for a total of 56 parking spaces at a rate of .90 spaces per dwelling unit. Currently, there are 32 spaces for the 42 units.

Other items on the agenda include:

-- A referral of the “final plat” of the Clinton Gardens Subdivision filed by Batavia Homes & Development on property behind 387 Garden Drive.

The proposal outlines the division of a portion of the property’s 11 acres into six separate parcels, with five of them dimensioned for development and the remaining portion to be set aside for future development.

The application was approved by the City Planning & Development Committee last June 18, contingent upon the owner submitting a “final plat” with one year.

Documents filed in 2019 by Robert Padanick, senior project manager for Nussbaumer & Clarke Inc., of Buffalo, indicate the owner is seeking to extend existing Carolwood Drive and Harrold Square – connecting two public dead-end streets – and allowing development of five new lots.

Additionally, about 460 feet of new pavement will be constructed, along with sanitary sewer, water and drainage utilities that previously were approved by city and county officials.

-- A referral for a special use permit submitted by Martin Rivers for a motor vehicle repair shop within a commercial district at 5278 Clinton Street Road (on the property of R&D Electronics).

The permit is required per Article III of the Town of Stafford zoning code.

Documents for the business, Rivers Performance, indicate that the shop will be open from 8 a.m. to 5 p.m. Monday through Friday, with one to five cars on site and no outside storage.

Rivers is no longer operating a shop at his former location on Liberty Street.

-- A referral from Brickhouse Commons LLC, for a special use permit to operate a drive-thru business on Route 77, across from Pembroke Central High School.

According to submitted documents, the plan is to build a three-story, 32,000-square-foot multiuse building featuring 8,200 square feet of space for retail businesses as well as indoor parking and fitness area for tenants on the first floor and 17 apartments on the second and third floors.

J&R Fancher Property Holdings LLC, previously proposed the $3 million project at the Buffalo East Technology Park, located in the Town of Pembroke’s Interchange District.

-- A referral for a special use permit from Nixon Peabody law firm of Rochester on behalf of Blue Sky Towers III LLC, and Bell Atlantic Mobile Systems LLC (Verizon Wireless) to construct and operate a 155-foot cell phone communications tower (plus 4-foot lightning rod) on the property of Jeff and Patricia Jarosinski near 6811 Batavia Byron Road in the Town of Byron.

According to a letter to the Town of Byron Planning Board, Blue Sky will construct and own the tower and associated components for the benefit of Verizon Wireless (and potential subsequent users of the tower), with Verizon leasing a 100- by 100-foot area from the property owners.

Since the site is located in an Agricultural-Residential zone, a special use permit and site plan approval from the Town of Byron Planning Board are required.

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For more information about Thursday’s meeting, contact the Genesee County Planning Department at (585) 815-7901. County planners generally make recommendations of referrals, which then are moved on to municipal planning boards and zoning boards of appeals.

Employees at Rochester Regional Health in Batavia take a knee for George Floyd

By James Burns

Photo by Jim Burns.

Batavia employees of Rochester Regional Health / United Memorial Medical Center take a knee at the War Memorial at Jerome Center at 8:46 this morning.

The time of 8:46 signifies the length of time a white police officer in Minneapolis, Derek Chauvin, knelt on the neck of George Floyd May 25, killing him. The police were called after a store clerk suspected Floyd of using a counterfeit $20 bill at the store. Three other officers at the scene are also charged in the case: J. Alexander Kueng, Thomas Lane and Tou Thao.

A message from Rochester Regional Health President and CEO Eric Bieber, M.D.:

"Today, we as healers at Rochester Regional Health stand with you for healing. The events we have witnessed in our nation and community these past few days are almost unbearable to describe. Already frayed by fighting COVID-19, we witnessed the brutal death of George Floyd — a horrific repeat of too many deaths gone before. Then in our own Rochester community, a peaceful protest devolved into violence.

"Each member of our Rochester Regional Health team is touched by these tragedies—more than 17,000 souls, along with our friends, loved ones, neighbors, and families. And of course, you, our patients. Many of you were born and raised in Rochester. Others hail from every continent on earth. We are diverse in every possible way — race, ethnicity, job description, cultural background, and religion.

"While diversity is our strength, there is more work to be done to bridge the divide. Today we are united in our grief and our resolve. All throughout the coronavirus pandemic, we have been telling you that we will get through this together. Those words mean more now than ever. Together is the way we will get through this to mend our hearts and community.

"Thank you, each of you, for your precious differences and united spirit."

Five questions for board of education candidates: Pembroke Central School

By Mike Pettinella

The Batavian has reached out to school board candidates in Genesee County to get their answers to five questions prior to voting on June 9.

At the Pembroke Central School District, Daniel Lang is running for a one-year unexpired term and Heather Wood is running for a new five-year term.

The questions are as follows:

1 -- What is your position on your school district’s proposed budget for 2020-21? What parts do you support? What parts would you change if you could?

2 -- Are teachers in your district compensated adequately?

3 -- With what we know now about COVID-19, should schools reopen in the fall?

4 -- Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

5 -- What two books published since The Enlightenment have influenced you the most?

DANIEL LANG

1 -- I am in full support of this year’s school budget for the 2020-2021 fiscal year. The District Board and Administrative staff have reviewed all options and strategically planned accordingly with the interest of keeping the Pembroke district moving in the right direction. With this budget encompassing a zero percent tax increase for our residents, we will still be able to continue to provide the absolute best for our students, teachers and district.

2 -- I feel as though the teachers in our district are compensated adequately and have justified the importance of going above and beyond expectations, especially during the recent, trying times that we all have been experiencing.

3 -- Yes, schools should reopen in the fall, and I feel it is vital for the students to return and feel safe in doing so. It will be critical to assure that the buildings and transportation remain sanitary and follow guidelines set by the governing bodies. I feel that there is value in the teacher/student interaction which helps aid in the learning process through individualized communication, and social interaction which cannot be grasped through distance learning. The relationship built with that of a dedicated teacher is irreplaceable and should continue moving forward.

4 -- Yes, I am satisfied with the way the district responds to parents and concerns. With that being said, I also feel that we should be continually looking for new and better ways to be communicating with parents. Complacency breeds mediocrity and steals potential. We all have the ability to improve and use mistakes or difficulties as a way to learn and enhance our current methods. This area of the district is no exception to that. As we work together as a team, the district and parents, we will continue to grow and understand each other in new and exciting ways.

5 -- When I read, I like to dive into books that provide encouragement, hope and answers for real life situations. If I were to choose two books that I have read that fit in this category, they would be When Life Is Hard by James MacDonald, and Purpose Driven Life by Rick Warren.

HEATHER WOOD

1 -- My fellow Board members and I all approved of the 2020-21 budget which is being presented to the community. Our Superintendent and School Accountant have worked diligently to lead the charge in bringing us possible scenarios during a time when aid at the State Level was being questioned on what seemed like a daily basis. Collectively we were of the mindset to not put any additional burdens on the community during the uncertain times we are currently facing and were pleased to present a 0 percent tax levy increase. It is always a hard decision when discussing what areas to cut from, but rest assured the needs of the student are always first and foremost in our minds. We will continue to be the very best District we can be no matter what the numbers say and invite the community to contact the District Offices if they have questions moving forward.

2 -- Addressing the question if I feel that teachers are compensated adequately, I would say that it’s not a simple answer. We need to look at the community we live in and remember that higher pay will be reflected in higher taxes. Recently, we did make changes on our starting pay for teachers to bring them more in line with the Genesee Region. That being said, we will continue to provide top notch teachers to our students because that is what we are mandated to do.

3 -- I am both hopeful and optimistic that schools will indeed reopen in the Fall and I do advocate for this. Will things look different moving forward? Yes, most definitely as we all implement new State guidelines that will need to be respectful to our students, staff, parents and administration. We need to be mindful of what will work and what will not work for OUR District. While it is true that Pembroke has done a fantastic job in transitioning our students to online learning these past few months – it in no way should be seen as a permanent replacement for educating our youth and I am quite frankly, offended by anyone who says such things. Students need teachers just as much as teachers need the students. A school is a living, breathing institution and all the connections that are made within its walls are priceless.

4 -- Pertaining to the COVID situation - I feel Pembroke has done a remarkable job communicating the educational materials to the students and their parents. From our Superintendent, building Principals, and teachers – they all got the word out on a weekly basis (sometimes daily) keeping everyone informed of what was going on pertaining to finishing the year out strongly and what the expectations were for each student. This was all new to everyone and it was important that we all worked together in this endeavor. I do know for example, that some families in the community have reached out to our Superintendent for clarification on end of the year grading. He responded and made the policies clear as to what would be required to finish the year strong. In regards to things other than the COVID situation – finishing up my fifth year on the Board, I honestly feel we do a good job as a District addressing the communities concerns, however – that being said – our Board meetings are advertised and the public is ALWAYS welcome to contact our District Clerk if there’s something specific that is on their mind that they’d like to bring to the Board. Some questions can simply be answered from the Superintendent or by him directing the parent/community member to the appropriate administration before it gets to the Board level. If our community has questions, it is a Board member’s job to try our best to address the concerns.

5 -- I can name many books that have influenced me, but there are two that stand out – and to the readers they may seem quite simplistic but to me they mean the world. I read Charlotte’s Web by E.B. White when I was about 10 and it both sparked my passion for reading then and now. Looking back through the adult eyes it just amazes me of the pure innocence of childhood and how doing the right thing matters. Next would be The Five People You Meet in Heaven by Mitch Albom – it reminds me of the importance of relationships/connections and how what you do has a domino effect on everything else that happens in the world. This is how I look at schools – relationships and being a good person mean something just as much as the grades do.

JC Penney in Batavia closing as part of company bankruptcy

By Howard B. Owens

In a bankruptcy filing, JCPenney has announced its closing 30 percent of its 856 stores, including its Batavia location.

The company, which has been struggling financially for years, filed bankruptcy in Federal Court on May 15.

The stores that are closing -- which presumably include the Batavia store -- will hold liquidation sales once pandemic-related regulations are lifted.

Other stores closing in New York:

  • Auburn: Clark Street Road
  • Oswego: State Route 104
  • New Hartford: Sangertown Square
  • Rome: Erie Boulevard West
  • Canandaigua: State Route 364
  • Syracuse: Destiny USA Drive

For more: USA Today.

Public Health reports one recovery, one new COVID-19-positive test

By Howard B. Owens

Press release:

  • As of 2 p.m.
    • Genesee County received one new positive case of COVID-19, for a total of 192 positive cases.
      • The new positive individual resides in Pembroke.
      • The person is in their 50s.
      • The new positive case was not on mandatory quarantine prior to testing positive.
      • One of the previous positive cases has recovered and has been released from mandatory isolation.
      • Zero of the total active positive cases are hospitalized.
    • Orleans County received zero new positive cases of COVID-19, for a total of 238 positive cases.
      • Two of the previous community positive cases has recovered and has been released from mandatory isolation.
      • Seventeen 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 the death of one of our county residents. The individual was a resident of The Villages of Orleans Health and Rehabilitation Center. We extend our deepest condolences to the family and friends of these individuals during this very challenging time.

Downtown businesses, police, and even the city post office brace for Sunday's 'March for Justice'

By Billie Owens

Organizers behind a planned protest in Downtown Batavia on Sunday, June 7th, have distributed posters announcing the "March for Justice" which starts with a gathering in front of Batavia City Hall at 8 a.m.

From that location at 1 Batavia City Centre, the plan is to march PEACEFULLY -- which is in all caps in the black, white and red poster -- starting at 11 a.m. to the City of Batavia Police Headquarters, located a short block away at 10 W. Main St.

#SOLIDARITY

#PEACEFULEQUILITY

#STANDWITHUS

Plans for the March here came together after plans for a free BBQ at Williams Park on Pearl Street -- the "BBQ for Equality" -- were nixed by city officials Tuesday. They said that the state would need to OK the event and City Council would need to approve it, too.

Earlier this week City Police Chief Shawn Heubusch expressed concern about outside agitators coming to Batavia to cause trouble if there was a protest Downtown.

Some Downtown business owners say they are apprehensive about the protest because of rioting, looting and brutalities they've seen on media and social media during similar events in cities large and small nationwide. A couple of them even say they plan to board up their storefronts.

The Batavia Post Office, at 2 W. Main St. next door to the police station, isn't taking any chances if things go awry. This afternoon they put up a sign on their front door telling people their lobby will be closed at 5 p.m. on Saturday and won't reopen until 5 a.m. on Monday, June 8.

"We're closing the lobby during those hours out of an abundance of caution," said Karen Mazurkiewicz, spokeswoman for the U.S. Postal Service, Western New York. "We apologize for the inconvenience. We just want to be sure the building is kept safe and sound."

The murder of George Floyd by police in Minneapolis May 25 ignited the latest protests against racial inequality, police brutality, and social injustice in America.

Former First DA Cianfrini now serving as assistant county attorney

By Mike Pettinella

Melissa Cianfrini is back as a Genesee County employee, this time as the Assistant County Attorney.

County Attorney Kevin D. Earl today confirmed that Cianfrini, who unexpectedly resigned her position as the county’s First Assistant District Attorney in January, was hired on Feb. 25 at a salary of $78,086 – about $13,000 less than she was making as First Assistant DA.

When asked for specific information about her duties, Earl said that neither he nor Cianfrini would be available for comment.

In an email sent to The Batavian, Earl wrote, “As per the County policy, I am only able to provide you with the following information (hire date, job title, salary).”

According to the job posting at the time, the job description includes representing the Department of Social Services in cases involving child support, foster care, parental rights and child abuse as well as proceedings involving public assistance, Medicaid, juvenile delinquency and Family Court.

Additional duties listed: Providing legal advice on behalf of the commissioner of Social Services and other county departments.

Cianfrini is a resident of Oakfield and the wife of County Clerk Michael Cianfrini. She joined the DA’s office in 2009 and was promoted to first assistant district attorney eight years later.

Before resigning, she appeared to be in line to succeed District Attorney Lawrence Friedman, who is planning to retire at the end of his current term.

Byron woman accused of drunk driving, and without a license, with a child in the car

By Billie Owens

Taylor K. Laird, 27, of Mechanic Street, Byron, is charged with: driving while intoxicated; aggravated DWI -- child in vehicle; aggravated unlicensed operation. Laird was arrested at 10:57 a.m. on May 28 on Pearl Street in Batavia following a "check the welfare call" at a business on West Main Street. Batavia Police Officer Sean Wilson handled the case, assisted by Officer Connor Borchert and the NYS Police.

Salvatore P. Scarlata, 36, of East Main Street Road, Stafford, is charged with criminal contempt. Scarlata was arrested at 6:52 p.m. on June 3 on East Main Street Road in Stafford after he was allegedly found in the presence of a person with an order of protection against him out of Town of Sweden Court. Scarlata was fingerprinted, photographed and issued an appearance ticket for Aug. 6 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Christopher Erion, assisted by Deputy Andrew Mullen.

Brittany L. Bolton, 20, of East Main Street Road, Stafford, is charged with criminal contempt. Bolton was arrested at 6:52 p.m. on June 3 on East Main Street Road in Stafford after allegedly being found in the presence of a person with an order of protection from Town of Greece Court. She was fingerprinted, photographed and issued an appearance ticket for Aug. 4 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Christopher Erion, assisted by Deputy Andrew Mullen.

Ashley K. Marshall, 28, of Batavia (no address provided), was arrested and issued appearance tickets for Town of Warsaw Court, where she is due to appear at a later date. At 4:20 p.m. on May 31, Wyoming County Sheriff's deputies were patrolling northbound Route 19 in the Town of Warsaw when they stopped Marshall near Mungers Mill Road for having a suspended registration. She was also ticketed for having an uninspected motor vehicle, and operating a motor vehicle which had broken glass. The deputy handling the case was Austin Harding.

Five questions for board of education candidates: Oakfield-Alabama Central School

By Mike Pettinella

The Batavian has reached out to school board candidates in Genesee County to get their answers to five questions prior to voting on June 9.

At Oakfield-Alabama Central School, five candidates are running for three open positions – Jackie Yunker Davis, Daniel N. Groth, Douglas Russo, Shanda Spink and Peter Zeliff.

The candidate receiving the most votes will begin serving on June 10 with the term ending on June 30, 2023. The terms of the two candidates with the second and third most votes will be July 1, 2020 through June 30, 2023.

The questions are as follows:

1 -- What is your position on your school district’s proposed budget for 2020-21? What parts do you support? What parts would you change if you could?

2 -- Are teachers in your district compensated adequately?

3 -- With what we know now about COVID-19, should schools reopen in the fall?

4 -- Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

5 -- What two books published since The Enlightenment have influenced you the most?

JACKIE YUNKER DAVIS

1 -- I am in favor of the proposed 2020-21 tax neutral District budget. Considering the current status and economic downfall of NYS, I cannot, however, be in favor of a Capital Improvement project that relies so heavily on a state that has such an enormous deficit. I do support the district’s ability to scale back appropriately as needed pending state cuts. The concept of "doing more with less" is here and real. Change is inevitable. I would certainly like to see proactive measures versus reactive measures in how we handle this change as a district.

2 -- I fall somewhere in the middle here. I would certainly like to see compensation relative to performance. As with many businesses/schools, you will have the high performing educators who go above and beyond their duties, day in and day out, and are under compensated in comparison to their value. On the other end of the spectrum, you have the middle or low performers who are overcompensated.

3 -- School should absolutely resume in the fall. Will it be the same as it was? No, certainly not, given what we know about COVID. I do think it's possible if we are willing to change how we’ve always done things, and have an open mind ... to make it happen. OACS has very dedicated, responsible, highly-educated, and caring individuals as part of their administration and staff, that I am confident will continue to prioritize the safety and well-being of all.

4 -- I can speak only from what I know through my own experiences with the district, and what is voiced to me from others. I do believe OACS has done an excellent job of addressing the needs of both parents and students during these trying times. They have offered several different platforms of communication. They are visible and supportive. I have heard many complementary remarks of how OACS has worked through this and I am very proud to be in this district!

5 -- So many books to choose from however, I would say the two books that I find worthy to keep on my bookshelf, and often re-read or reference, are Who Moved My Cheese? Dr. Spencer Johnson. A classic. Change is constant. Adapting to change is a must. Always pertinent to our lives, and the 7 Habits of Highly Effective People, Stephen R. Covey. I absolutely love that our O-A students are getting such early exposure to timeless principles of what it takes to be “good humans.”

DAN GROTH

1 -- I feel it is appropriate given the current economic situation. I support all parts of the proposed budget. There are no parts of the proposed budget that I would change.

2 -- At this point in time, I think it is too early to make that decision. Schools will need more guidance, data and feedback. I’m confident the right decision will be made for all schools.

3 -- I feel teachers are compensated fairly.

4 -- I am satisfied and any communication I have had, the district responded in an appropriate and timely manner.

5 -- Eisenhower in War and Peace, Trail of Tears

DOUG RUSSO

1 -- I feel that the proposed budget is prudent and fiscally responsible for the taxpaying citizens. Therefore, I will support the budget for approval. I recommend the budget because it offers a 0 percent tax levy increase to our district property owners. Meanwhile, there is an increase in funding for instruction, which I believe is essential for our students. As we move forward, there is a grave concern regarding a reduction in (New York State) aid to our school district. If there are any changes to the school budget, I will work hard to ensure funds are allocated in a fiscally responsible manner and that the monies are well spent for our children. As a board member, I will advocate for fiscally sound (future) district budgets and, along with the rest of the board, will monitor our school organization's financial well-being.

2 --Teachers are compensated according to the collective bargaining agreement between the school district and the teachers association. I can tell you firsthand that the profession as a teacher is challenging while rewarding. Teachers hold an essential function in our community that impacts our children's learning and students' success. Maintaining and recruiting extraordinary teachers that are responsible for student achievement is a priority for our school system. As a board member, I will advocate that our school district provides equitable compensation, not only to our teachers but to all school staff members. I am devoted to working with the other board members and the administrative team, creating policies for a school environment that fosters a safe and positive workplace for all of our staff members and that it encompasses a collaborative culture with a growth mindset focusing on student achievement. 

3 -- I was saddened by the sudden school closing this year. As a father, my daughter Kiera, who is an Oakfield-Alabama Senior, missed-out on her senior events. As a teacher, I had 34 high school seniors in my class, and they missed out on essential activities. Most seniors were in the process of performing an internship at their designated worksite. We need to get students back to school as soon as possible in the fall. However, we must be diligent and cautious. Safety to our educational community is Priority-1. The COVID-19 is undoubtedly a harmful virus, and we must take the necessary steps so that students and staff and their families remain safe by following the Centers for Disease Control and Prevention and New York State guidelines. Thereby, we must work together and be innovative in the learning process to discover new ways and solutions to teaching our students, implement safety measures and continuously monitor the well-being of our community regardless if school resumes or shutdown continues.

4 -- Speaking for myself as a parent, Oakfield-Alabama School District has always listened to and addressed my concerns promptly and adequately. Every parent and student should be treated with the utmost respect, understanding, and dignity by our school district. One of my main objectives as a school board member is to listen to all stakeholders' interests and concerns in our district and our educational community effectively. As a board member, I will bring forth ideas to assist in developing and constructing district policies that will enhance and ensure a high level of student equity, equality, and excellence for ALL of our students and that it encourages parent involvement. 

5 -- I recently read the autobiography, On the Brink by Henry [Hank] M. Paulson, Jr. Hank Paulson was an American banker who served as the 74th U.S. Secretary of the Treasury during the 2008 financial crisis. Paulson speaks in detail about his experience as a leader contending with the crisis. I am intrigued about the crisis that I lived through and how a leader would handle such a disaster. Paulson was a bona fide capitalist and believed in moral hazard, whereas each business determines their destiny (succeed or fail) without government intervention or interference. Paulson's objective was to change the economic climate quickly. Despite Paulson's ideology and political resistance (including friendly colleagues, which became not so friendly), Paulson sanctioned the U.S. government to annex many large corporations to obtain the objective. This book demonstrated how a leader must put ideologies aside and do what's best for the organization he or she serves.

The second book that I am influenced by is Michael Fullan's Change Leader. In short, Fullan speaks about a leader being resolute with a purpose while demonstrating empathy for others. Having a seat at the board table, I will apply the things that have impacted me through my readings. I will do what is in the best interest of the Oakfield-Alabama School District and its students. I am devoted to working with the other board members, the administrative team, and our community to establish a clear vision to create a dynamic school system.

SHANDA SPINK

1 -- I support OACS's proposed budget for 2020-21. Given recent events with employment for so many, the fact that our school's budget proposes a 0 percent tax levy increase to our local community members is a blessing. I believe that the Capital Improvement Project is necessary and one that will provide our children with a safer and better learning environment. The only aspect of the budget that I would change is proposition #3 to acquire more school buses. I do not feel the need to have new buses. However, I would support the purchase of them, should the school decide to have the HS/Middle and Elementary start and end at the same time as other districts around us.

2 -- After comparing OACS's district average pay for last year to other districts, I do not think that our teachers are paid enough. I do believe that we provide amazing benefits, as I experienced them first hand when my mom was a school employee. However, I believe that teachers, especially in today's age with more work behind the scenes, deserve to be paid closer to the state average, like districts and counties around us.

3 -- As a Holistic Health Practitioner, I do not feel that schools should reopen, given the guidelines that the CDC has given at this point. We need to take into account the emotional health of our students, not just physical. I do not believe the guidelines set will give my children the best education experience possible. School is not just about the information taught. I believe that a major part of school is the interactions with other students, teachers, and staff. This helps our students to be well-rounded citizens. It helps our students feel a part of something bigger than themselves. If schools should open under the CDC guidelines, our children would be missing out on many interactions that help to shape them into the people we want to see in the world. Should the CDC have new suggestions, I would consider going forward to reopen schools in the fall.

4 -- For our family personally, it depended on the situation. I have felt heard at times and ignored at others. I believe that when the problem is addressed, Oakfield does an outstanding job of making you feel heard and together come up with a solution. However, as time goes on, the solution to the problem seemed to have been pushed aside and I would have to bring up the situation again to remind them of our previous solution.

5 -- The first book that has influenced me is Braving the Wilderness by Brené Brown. This helped me find the courage to be brave and stand-alone in what I believe instead of trying to fit in and be the person others wanted me to be. The book talks about how true belonging is not about fitting in, pretending, or making the people around us comfortable. Instead, we need to be who we are and stand strong in what we believe in. It talks about how we need to follow our hearts and protect them from the constant evaluation you get from others when doing what you are led to do ... even if it is a little outside the box. Brené Brown says our belonging to each other can’t be lost, but it can be forgotten. Her research has reminded the world in recent years of the uncomfortable, life-giving link between vulnerability and courage. This book draws attention to the fact that we walked into the crisis of our life together and how we can move beyond it: with strong backs, soft fronts, and wild hearts.

The second book is a book that I read after attending the Global Leadership Summit, a few years ago, called Next Generation Leader by Andy Stanley. It was a fresh perspective leadership book that talked about how to lead with courage then follow with character. The book helped me pinpoint and acknowledge my strengths as a leader. It also allowed me to see what my weaknesses are so that I can delegate those activities to someone else who has them as a strength. The book does an amazing job of how to be a leader in today's society. According to Stanley, "You have to courageous. You have to be clear in the midst of uncertainty. You need to have a leadership coach yourself. And along the way, it is absolutely essential that you maintain your character."

PETER ZELIFF

1 -- I feel our administration has done a great job on the budget and I fully support it. They always keep the taxpayers in mind while making sure our kids have everything to succeed. Managing the budget is going to be more crucial in the next year with not knowing where the state is financially and we may have to make adjustments based on that as the year goes on and pull back in certain areas. One example would be the bus purchase. I would want to know that the kids are coming back to school for sure before we made a purchase like that. 

2 -- I believe our teachers are our most valuable asset and that money isn’t the only thing that motivates people. We have a very unique community and school district that does a lot of little things other communities and schools don’t do which to me has a lot of value. Our teachers should be compensated competitively with other school districts but I also want our teachers to be drawn to us as a district and community, and I believe our school district has more to offer than just a paycheck. Seeing how a lot of these teachers come out support their students at things like sporting events, plays, and how great they have been during the corona pandemic with personally reaching out to students, leaving messages on the driveways, and so many other things is what I believe we are all investing in and I feel the board needs to make sure we are recognizing what these teachers do and to make sure they have everything they need to get the job done.

3 -- My initial reaction is yes but I feel we need to continue monitoring the situation before making that decision. As of right now that should be the plan and we should be gearing up for that to happen. I believe it is important to get these kids back into a class room and a normal or as normal as it can be routine but we also have to think of the safety of all of our children and be working on plan B as well so we are prepared.

4 -- Yes, I have felt our administration has always been willing to take the time to listen to your concerns and that they are always looking for community feedback and input. The fact that they look for community members to sit in on teacher and administration interviews, committees for construction projects, and other school agendas shows that they really want to hear from us. 

5 -- Extreme Ownership by Jocko Willink and Capital Gains by Chip Gaines.

Legislature poised to swear in Chad Klotzbach of Basom as District No. 1 representative

By Mike Pettinella

Chad Klotzbach of Basom has been selected to replace John Hilchey as the District No. 1 representative (Alabama and Oakfield) on the Genesee County Legislature.

The legislature’s Ways & Means Committee this afternoon unanimously approved the appointment pursuant to the county’s Local Law No. 1, 1967. The term takes effect on June 10 – when Klotzbach is expected to be sworn in at a meeting of the full legislature – and runs through Dec. 31.

Klotzbach was endorsed by both the Town of Alabama and Oakfield Republican committees at meetings last month.

 “I’ve been interested in this type of service for a while after learning about the inner workings (of government) through my involvement with the (Town of Alabama) planning board and STAMP (Western New York Science & Technology Advanced Manufacturing Park) in the Town of Alabama,” Klotzbach said.

A 2006 Oakfield-Alabama Central School graduate, Klotzbach is managing partner of Alleghany Farm Services in Basom, a family business started by his father, Drew, in the early 1980s. The company specializes in commercial construction site work and agricultural drainage across New York State.

Klotzbach earned his civil engineering degree from Clarkson University in Potsdam, where he was a competitive swimmer, before obtaining a master in business administration degree from Canisius College in Buffalo.

Currently, he is a member of the Town of Alabama Planning Board that is in the middle of a zoning update.

Asked to introduce himself at the Zoom meeting, Klotzbach, 31, said he interacts with residents of the district on a regular basis through his business and the planning board.

“I’ve done a lot of surveys and chatting with people in the town, so I have a pretty good status of what is going on in the town at the moment, what the forward thoughts are and where people want to see it going,” he said.

Klotzbach also said he enjoys working with and encouraging young entrepreneurs in the area.

“Just as it’s super important to bring in new businesses to the county, I also think it’s a better idea to foster and kind of encourage the students that we have – the younger people – to build their businesses and mentor them.”

The vacancy on the board was created when Hilchey resigned from the position on May 14, citing “risks of possible negative impact upon his employer.”

The District No. 1 seat will be up for election in November, which gives Klotzbach and any others interested in serving on the legislature, an opportunity to get on the ballot.

November's victor would serve in 2021 and then -- provided that he or she wishes to continue -- would run again in November 2021 when that seat goes for a four-year term.

In other action, the committee:

-- Approved an agreement between the county and Prospect Hill Consulting LLC of Buffalo to coordinate a Comprehensive Planning Process and create a County Recreation plan.

The project is designed to foster interagency cooperation and a smooth flow of information, starting with the vision of community residents about land use and developing into a policy that can be monitored by the legislature, County Planning Director Felipe Oltramari said.

Oltramari said the $100,000 project will be funded by a $40,000 award the county received in 2019, along with a $45,000 cash match from a previously established county project to create the County Recreation Plan and a $15,000 in-kind contribution.

Legislator Chair Rochelle Stein said she is excited about the prospects of working with Prospect Hill Consulting, which she said will “provide a youthful look at the county and our natural resources.”

“I can not wait for them to meet with our leadership partners – the towns, villages and city – to bring us into 2050,” she said. “It’s going to be a tremendous task, but the plan will make a big difference in Genesee County.”

-- Approved a retail lease agreement between the Town of Bergen and the Monroe County Water Authority for the operation and maintenance of the town’s Water Improvement Benefit Area No. 1.

Highway Superintendent Tim Hens said authorization by the legislature is required in agreements such as this one, adding that this will enable the town to have the “paperwork to get their district going.”

Residents using water in the new benefit area are subject to the full surcharge to the County Water Fund per a water supply agreement with the Town of Bergen dated June 13, 2018, Hens said.

-- Approved a 2.3 percent raise for Jay Lazarony, the GLOW Workforce Development Board manager, retroactive to April 1. The $1,508 increase bumps his salary to $66,271 and is covered by the GLOW WDB. County Manager Jay Gsell said that no county funds have ever been allocated to the organization.

-- Commended Legislative Clerk Pamela LaGrou following a review of the administrative office.

“We’re extremely pleased to have you sitting in that seat (at the Old Courthouse) and minding the fort for us,” Stein said.

Police in Virginia find arsenal of bombs in home of 'terrorist' trucker killed in Geneseo

By Howard B. Owens
             Joshua Blessed

Story by Pete DeLea, of the Daily News-Record of Harrisonburg, Va. Republished with permission.

A Virginia man shot and killed by New York police last week became radicalized over the years, had a deep hatred for government and police, and was likely planning a large-scale attack, according to several law enforcement sources.

Over the course of three days last week, police say, FBI agents found a stockpile of firearms and pipe bombs in Joshua Blessed’s car and at his home in Rockingham County.

Sources say police and federal agents were aware of the 58-year-old, also known as Sergei Jourev. The FBI and Virginia State Police sent out bulletins to local law enforcement about Blessed’s extreme views and potential danger to police.

Rockingham County Sheriff Bryan Hutcheson said deputies had minimal dealings with Blessed in the past, but nothing that was criminal. He said he’s thankful no one was injured in New York or locally.

“We found out a whole lot more about him. You’re talking about a true extremist,” Hutcheson said. “He was a dangerous individual. You’re talking about someone that was serious about committing violence … some kind of terrorism.”

Calls to the FBI were not returned.

The investigation into Blessed began shortly after 8:30 p.m. on May 27, when a Le Roy police officer attempted a traffic stop on Blessed’s tractor-trailer on Route 5 in the Village of Le Roy.

Blessed took off while an officer was on the truck’s side rails. A pursuit ensued and it eventually included multiple police agencies.

He continued into Livingston County. Blessed opened fire, shooting four police vehicles. Police say one vehicle alone received 10 shots.

Police returned fire, striking him multiple times. Blessed died at the scene.

Officers say Blessed worked for Harrisonburg-based trucking company Yurman Express and was headed to New York to pick up dairy products.

During a press conference on May 28, Livingston County Sheriff Thomas J. Dougherty said no police officers or civilians were injured.

“I would call it a miracle. I have no clue how nobody was hurt. He fired a lot of shots, and we fired a lot of shots,” he said, adding that one bullet entered a police car and struck the driver’s side headrest. “If he wasn’t ducking, it would have been right to his head.”

Following the shootout, Dougherty said, investigators began to focus on figuring out why Blessed did what he did.

Joined by the FBI, multiple law enforcement agencies turned their attention to Blessed's social media posts, which they say included troubling statements regarding his religious and anti-police views.

A YouTube video he posted showed snipers on roofs during a Second Amendment rally in Richmond on Jan. 20.

Under the video, Blessed posts: “The Civil War is coming to America and then Russian invasion on the east and Chinese on the west.”

The FBI then headed to the Shenandoah Valley, where they searched multiple properties.

They searched his former Augusta County home on Fadley Road in Weyers Cave, but nothing was found. Although he owns the property, police say, he didn’t live there.

Police say he rented a home in Keezletown.

During a search at that home, law enforcement said, they found more than a dozen explosive devices capable of being used in a large-scale attack.

The Virginia State Police blew up the devices at a remote farm in the county.

ADDITIONAL INFO: Le Roy Chief Chris Hayward told The Batavian the Le Roy patrol vehicle rammed and shot in the incident sustained $15,000 in damage.

Previously:

New positive COVID-19 case reported in Genesee County

By Howard B. Owens

Press release:

New Cases

  • As of 2 p.m.
    • Genesee County received one new positive case of COVID-19, for a total of 191 positive cases.
      • The new positive individual resides in Batavia.
      • The person is in their 40s.
      • The new positive case was not on mandatory quarantine prior to testing positive.
      • Zero of the previous positive cases have recovered and have been released from mandatory isolation.
      • Zero of the total active positive cases are hospitalized.
    • Orleans County received two new positive cases of COVID-19, for a total of 238 positive cases.
      • Both of the new positive individuals reside at Orchard Rehabilitation and Nursing Center.
      • Of the new positive cases one of the individuals is in their 60s, and one of the individuals is in their 80s.
      • One of the previous community positive cases has recovered and has been released from mandatory isolation.
      • Eighteen 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 the death of two of our county residents. Both individuals were residents of Orchard Rehabilitation and Nursing Center. We extend our deepest condolences to the family and friends of these individuals during this very challenging time.

Five questions for board of education candidates: Byron-Bergen Central School

By Mike Pettinella

The Batavian has reached out to school board candidates in Genesee County to get their answers to five questions prior to voting on June 9.

At Byron-Bergen Central School, three people are running for two open trustee positions – incumbents Tammy Menzie and Amy Phillips and challenger Lynn Smith. The terms are for three years, beginning on July 1.

The questions are as follows:

1 -- What is your position on your school district’s proposed budget for 2020-21? What parts do you support? What parts would you change if you could?

2 -- Are teachers in your district compensated adequately?

3 -- With what we know now about COVID-19, should schools reopen in the fall?

4 -- Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

5 -- What two books published since The Enlightenment have influenced you the most?

TAMMY MENZIE

1 -- I support our proposed budget. I support our strong educational program. In 2020 we were ranked among the Best High Schools. I support student involvement in extracurricular activities. We want to produce college and career ready graduates that are involved in our community. I also support the school bus proposition because we receive approx. 90 percent state transportation aid on the purchase. The part I would change is to be able to provide our community members with a long-term fiscal idea about the level of state aid that actually will be granted by our governor to each district.

2 -- Yes. Compensating our teachers adequately is important. If we want high quality educators for our students, we must offer them appropriate compensation. If we do not, we may lose them to other districts.

3 -- I think we will return. However, "school" might not look the same. First and foremost, we have a responsibility to student and faculty safety and we should follow all of the health guidelines recommended. There will be more health and sanitation measures. I do worry about students' learning gaps and their social and emotional well-being from several weeks of remote learning.

4 -- The lines of communication between our district and our families is always open. This pandemic has really shown what our district and community are made of. They have come together in true partnership and our students are the focus.

5 -- I enjoy reading about strong women. Harriet Tubman: The Road to Freedom by Catherine Clinton and I Am Malala: The Girl Who Stood Up for Education and Was Shot by Malala Yousafzai and Christina Lamb are among my favorites.

AMY PHILLIPS

1 -- Given all the circumstances and constraints that the school district is under I believe the budget that was developed and presented to the community is a very good option. I fully support the budget as presented. If I could change one thing it would be the guarantee of aid that we would be receiving from the state. This is the first year that there will be periodic checks by the Governor at which time aid can be adjusted, which makes budgeting for a year very difficult.

2 -- I believe we have had positive interactions and great success in negotiations with all our constituent groups.

3 -- Realistically, we will have to wait and see what this summer holds and what the recommendations of the CDC and governing bodies are. Personally and professionally, I would like to see students and teachers back in the classroom. I have been teaching middle school science for 22 years and miss being in school with my students and feel schools offer so much more than an education. They offer opportunities for connections and opportunities that are not easily replicated in remote learning. That being said safety is my number one concern.

4 -- I believe parents are given a fair and ample opportunity to express concerns and be heard. As in any case there is always room from growth and improvement as different situations arise.

5 -- The two books that jump out to me immediately are books that I had the opportunity to read with my children and include Bud, Not Buddy by Christian Paul Curtis and Restart by Gordon Korman. While the books are fantastic, the chance to read them with my children and share in the emotion of the book and share the message the books send make them very influential to me.

LYNN SMITH

1 -- After reviewing the budget presentation on the Byron Bergen School District website, it appears the district is moving forward a thoughtful and reasonable budget. I am in support of the goals the district has outlined, particularly the health & safety of students, providing support/training for staff and the continuation of the district’s capital improvement project which started in 2017. I wish I could change the financial forecast for our district to one that is certain and reliable. While it appears the district has proposed a solid budget for 2020-21, the impact beyond this next school year is yet unknown. Additionally, what adds to the uncertainty is the governor’s spending reduction plan which could potentially remove state aid from districts if the state’s revenue and expenditures exceed 1 percent.

2 -- When it comes to compensation, most families probably wish they had a little extra in their pocket, particularly during these recent times when many families are experiencing a loss of income, jobs, etc. Teachers work hard to plan, instruct, support, manage, and tend to children’s whole health in school. Because the district and teachers’ union have agreed to the teacher’s contract and salaries, we can only assume teachers are being adequately compensated. I cannot speak to whether or not teachers feel compensated adequately however I would think that districts benchmark teacher salaries and adjust for salary increases appropriately/fairly.

3 -- What we know now and what we may know two to three months from now will look different. These are uncertain times and while districts/schools have begun thinking about what school will look like in the fall, the decision whether schools will open is one that is made by the governor and still remains unknown until we know the path this virus takes over the next several weeks.

4 -- I can speak to my experience as a parent of a 5th grade Bee in the district. I feel fortunate to have built relationships with staff and teachers in the elementary building. This collaboration has been vital to supporting my child during his school years and will be just as important as he continues into 6th grade and beyond. I do feel as though lines of communication are open and have been able to work collaboratively with his teachers at supporting his learning and expressing what is working and any concerns that I might have. In fact, kudos to the district/administration and teachers, during these last several weeks! Communication has been consistent in informing parents of updates, expectations and opportunities for students.

5 -- It’s hard to pick just two! The first that comes to mind quickly is: Everything I Know I Learned in Kindergarten, these “Golden Rules” about sharing, taking turns, being fair and nice, being respectful and aware of others are critical when we teach and model these for young children and they are the foundation of what makes us well-rounded adults!

The other, a colleague recently gave to me this past Christmas and is titled A Sloth’s Guide to Mindfulness. This book came to mind as I am writing this because during these last several weeks this “pause” during the pandemic has forced families to stop, take time, be in the present and balance this new way of being at home, finding fun in simple things and connecting.

As city backs away from officially participating in unity event, new organizers working on peaceful protest

By Howard B. Owens

Though he wasn't part of yesterday's meeting, City Council President Eugene Jankowski said tonight there was never any agreement between the city and organizers of a planned protest against racial injustice to coordinate an alternative event in Williams Park.

Jankowski said he communicated to Macy Paradise within 30 minutes of Paradise announcing a BBQ for Equality on Facebook that no event can be sanctioned by the city without City Council authorization.

"I was very clear that morning with Macy and Chelsea (another person reportedly involved in organizing the event) that unless it goes through Council, the City Manager has no authority to approve anything like this," Jankowski said.

Paradise also sent information to The Batavian about the event and said that Police Chief Shawn Heubusch had agreed to speak at the event. After The Batavian spoke with Heubusch and Heubusch said he would speak, we published a story. We then did a live video interview with Paradise later that afternoon and Jankowski said that interview was well after he had informed Paradise that the city could not commit based on just a meeting with staff to either participating in an event or approving an event without a permit, which must be approved by the City Council.

Jankowski said while he doesn't know the particulars of the meeting on Monday morning, he doesn't believe Moore made any verbal commitments and he certainly didn't commit the city or City Church to providing free food for the event.

This evening, the City Manager Martin Moore put out the following statement:

“Due to the ongoing events that are occurring in Buffalo, Rochester, and elsewhere in the region, the City of Batavia will not participate in, and has not approved any official community event at this time, as we need to keep citizens safe. We have been working with multiple law enforcement agencies across the region to ensure that we are prepared for any type of public demonstrations, and we anticipate a respectful response from our local community members. ”

We also spoke with Moore and asked about the consequences of "moving" Sunday's event from Williams Park, which will less likely be a target for outside agitators, to Downtown -- which is the likely location for a planned march or protest if not Williams Park. Moore said it isn't a move because the city was never involved in any event at all.

Some local business owners have expressed concern about a protest taking place Downtown.

Moore said violence following peaceful protests in Rochester and Buffalo has given the city pause to participate in any event. Jankowski said the city was also concerned about liability and the city getting sued if something went wrong for an event they "co-sponsored."

"We're a town of 15,000 people," Moore said. "We are talking to state and federal experts in law enforcement and taking their advice."

Paradise let people know today that the BBQ was canceled and that other people were organizing a march.

Tonight, we reached out to Greg Munroe, one of four people organizing Sunday's protest/march.

Munroe said he will be at City Hall at 8 a.m. Sunday to help ensure things remain organized with the march scheduled to start at 11 a.m.

"We're still actually putting together the plan," Munroe said, "but this will be a peaceful protest that starts at City Hall."

The message he hopes the protest will convey is one of solidarity for the whole community. He said in that spirit, he hopes the police will participate, as they did today in Lockport (there have also been examples in Schenectady and Auburn). 

He said police participation would help show the community that if anything tragic ever happened here, "there will be accountability; they will be on the side of right regardless of who is wrong."

When it looked like there was going to be a BBQ in Williams Park, Chief Heubusch was going to be one of the speakers. Munroe said he hopes the chief will participate in the event on Sunday, that he would be welcome to join in.

Jankowski said he supports a peaceful protest Downtown. That is everybody's constitutional right, he said. He did say he expects everybody to obey the law, which prohibits gatherings of people from blocking traffic.  

Munroe said he doesn't anticipate a problem but he doesn't know how many people will show up. 

He also acknowledges that the biggest issue at protests in other communities has been outside agitators. He said he and his fellow leaders will be on the lookout for troublemakers, but that the potential for trouble is why it's also important for the police and protestors to cooperate.   

If organizers spot somebody who might cause problems, they will look for ways to de-escalate or ask them to leave.

"If we try to de-escalate and the police try to de-escalate, especially if we do it on both sides, we should avoid any problems," Munroe said.

The city also issued this statement tonight:

The City of Batavia stands in deep sadness and grief over the action of officers in Minneapolis, Minnesota resulting in the death of George Floyd. We have also been saddened over recent situations where Americans were murdered, abused, and treated unfairly by members of their community or law enforcement officials.

“I do not condone the use of excessive force by law enforcement officers, and I am proud to say that the City of Batavia promotes a high professional standard at our Police Department, with Officers committed to protect and serve all of our citizens. The City of Batavia Police Department is deliberate in their training and certification and take a community policing approach to engage the community and build bridges,” said Martin D. Moore, City of Batavia manager. “As always, my office is open. Please contact me if you have any concerns.”

“The actions of the police officers in Minneapolis leading to the death of George Floyd were despicable and unjustified given the information known to me at this time. No individual is above the law, and those that commit crimes, whether civilian, law enforcement, or government official, should be prosecuted to the fullest extent. The City of Batavia Police Department believes whole-heartedly in compassion, understanding, and communication with our community and condemn violence of any kind,” said Shawn Heubusch, City of Batavia Police chief.

The City of Batavia and Officers of the Batavia Police Department stand in solidarity to support meaningful change, however, the violence and chaos that has erupted in our region and across America must be stopped. Exploiting meaningful protests is a deplorable act, blurring the lines of what we all seek to achieve. 

Batavia has gone through difficult moments, even difficult decades, but is a community built by Americans from all walks of life who worked hard to build a vibrant family-oriented city that accepts all people.  

“We are willing to listen and have a dialogue with anyone, at any time, to better understand and reach common ground, but we will not allow our community to be a target for violence. The Batavia Police Department is working together with local, state, and federal law enforcement in a coordinated effort to protect the safety of our community, and are prepared in the case that any individual or group(s) incites violence,” concluded Police Chief Heubusch.

Previously: 

Soler, Rozanski highlight several areas with a week to go before tabulation of Batavia school budget votes

By Mike Pettinella

Batavia City School administrators emphasized average class size, non-mandated programs and the property tax rate in making their final presentation of a $51.4 million 2020-21 spending plan to the public at tonight’s board of education budget hearing and meeting on the district’s YouTube channel.

Superintendent Anibal Soler Jr. and Business Administrator Scott Rozanski utilized PowerPoint slides during their 30-minute overview, touching upon several metrics, including the budget process, enrollment, demographics, employee structure, outcomes, program offerings, finances, tax implications and voting details.

BUDGET PROCESS

The district was facing a $1.9 million budget shortfall on March 31, Soler said, even before the economy felt the full effects of the COVID-19 pandemic that had forced the closing of school in mid-March. Since then, teachers and students have been interacting on a remote learning basis.

“The current fiscal challenge … was already going to be there even if COVID happened or didn’t happen,” he said. “We were going to have some tough decisions to be made as an institution.”

Batavia’s student count has dropped by 100 over the past seven years, Soler said, noting that enrollment dictates staffing levels, student-teacher ratios and the amount of state aid the district receives. He also said that state aid has been flat during that time while contractual obligations have increased.

The board adopted the budget on May 19 (almost three months after the process started), achieving its goal of formulating a budget with no increase in property taxes to homeowners.

The proposed budget includes one new item -- a $100,000 capital outlay project to install security door upgrades and landscaping at the Middle School.

ENROLLMENT AND DEMOGRAPHICS

As the school year ends, the district’s K-12 enrollment is at 2,284, with 358 in K-1, 492 in grades 2-4, 705 in grades 5-8, 641 in grades 9-12 and 88 in K-12 out-of-district placements. Another 112 were enrolled in Universal Pre-Kindergarten to raise the total to 2,396.

The average class size, which Soler said was “pretty phenomenal,” is 18 for UPK, 20 for grades 2-4, 20 for grades 5-8, and 22 for grades 9-12.

He said that 62.8 percent of the students are eligible for free or reduced lunch.

Seventy-two percent of the students are white, 13 percent black or African-American, and 9 percent are Hispanic or Latino, and the average daily attendance is 92 percent, Soler said.

EMPLOYEE STRUCTURE

Without specifically mentioning the nearly 30 jobs that were terminated or abolished to balance the budget, Soler provided an update on staffing on a full-time equivalent level.

The district employs 245.9 (FTE) teachers, plus 121 teacher aides/clerical staff, 37 maintenance staff (including a School Resource Officer), 24 nutritional services staff, six assistant principals (two each at the high school and middle school), four principals, five administrators and five information technology staff.

Soler said the student to teacher ratio last school year was about 8.2 to 1.

OUTCOMES

“At the end of the day, we’re measured by our outcomes. We’re expected to graduate kids, get them ready for college and career or the world,” Soler said.

The Batavia graduation rate of 92 percent is 9 percentage points higher than the New York State average, Soler said.

However, the district’s state English Language Arts and Math proficiency rates for grades three through eight of 38 percent and 43 percent, respectively, were slightly below the county average of 41 percent and 47 percent, respectively.

“If you look at similar size small city school districts, our rankings are usually in the top five or six …,” he said. “We are a pretty high performing school district in comparison to where we’re supposed to be.”

PROGRAM OFFERINGS

Soler said that two dozen programs that aren’t required by New York State are in the Batavia budget because they are “important to this board of education (and) important to this community.”

Those non-mandated offerings include full-day UPK, kindergarten, transportation, art/music/plays/musicals, counselors/social worker, advanced placement courses, sports, teaching aides and a school resource officer agreement with the Batavia City Police Department.

“(There are) no compromises in anything that we’re offering in either extracurricular or athletics,” he said.

SPENDING PER PUPIL

The district’s expenditures per pupil were broken into three categories – general education, special education and total.

Batavia spends $11,655 per general education student, about $2,000 less that the New York State average, and $33,848 per special education student, about $1,500 more than the state average.

Overall, the total expenditure per pupil at Batavia is $20,892, about $4,000 less than the state average, Soler said.

FINANCES & TAX IMPLICATIONS

Rozanski reported the $51.4 million budget is an increase of $952,000 (1.8 percent) over last year, but the tax levy of $19.5 million is a decrease of $7,362 (0.038 percent).

“For comparison, the CPI or Consumer Price Index is 1.81 percent,” Rozanski said.

Speaking about the state tax cap, he said it fluctuates from year to year, with the district’s 2020-21 tax cap number at negative 0.038 percent.

The district’s nine-year average tax cap allowable increase is 3.51 percent, Rozanski pointed out, but the actual nine-year average tax levy increase is only 1.03 percent – or 2.48 percent less than the average allowed.

“That translates to 71 percent less than what the district could have taxed the taxpayers or about $455,744 more per year on average,” he said. “Over that nine-year period, over $4 million more could have been collected by the district.”

Using current assessed property values from Genesee County, the projected school tax rate will decrease by 26 cents in 2020-21 to $21.30 per thousand of assessed value, Rozanski reported. That figure – and it could change -- is $3 less than the tax rate from 2006-07.

Rozanski said that over the past six years, district residents have received $4.6 million in rebate checks from New York State (as a result of the district’s compliance with the tax cap) while paying $1.36 million in school taxes – “for a net positive to the community of $3.2 million.”

The state will not be offering rebate checks this year … “and probably won’t be anytime soon,” he said.

RESERVES & REVENUE SOURCES

Rozanski said the appropriated fund balance (non-reserves) will decrease by $250,000 to $1.75 million while the appropriated fund balance (reserves) will decrease by $132,143 to $975,146 per the 2020-21 budget.

“(The $250,000) is the surplus in this year’s (2019-20) budget, Rozanski said. “That’s how much we projected to be available as of June 30th to offset next year’s (budget).”

The district is anticipating $27.1 million in state and federal aid for 2020-21, which represents 52.6 percent of its revenue, while taxes will bring in another $19.5 million or 38 percent, Rozanski said. Support from the state is unclear, though, due to revenue losses caused by the coronavirus.

As far as appropriations, about $30 million (57.5 percent) will go to instructional support (payroll), $11 million (21 percent) to employee benefits, and $5.6 million (11 percent) to general support (administration, buildings and grounds). Remaining costs are transportation, debt service and interfund transfers.

VOTING DETAILS

By executive order of the governor, voting will be done by absentee ballot only. Ballots were mailed to district residents and must be received by personnel in the district’s administrative offices at 260 State St. by 5 p.m. June 9 to be considered.

Rozanski recommended that residents mail them back in the postage-paid envelope on or before June 5.

Beside the budget, residents will vote on a referendum for a $619,151 capital project at Jackson Primary School. The money will be taken from the Capital Reserve fund for restroom renovation and an age-appropriate playground.

“This will not impact the tax levy at all as it is coming from our reserve fund,” Rozanski advised. “Our net cost will be about 10 percent ($60,000) when we get aid on that and the rest will go back into the reserve fund.”

Three incumbent board members are running for the three open positions. They are Alice Ann Benedict, Barbara Bowman and Tanni Bromley.

LOOKING AHEAD

Soler said plans for an outdoor commencement ceremony at Van Detta Stadium on June 27 are still on the table, with a meeting with Genesee County Health Department officials scheduled for this Thursday.

June 17 is the last day of remote learning for students and teachers and June 26 is the last day of breakfast and lunch meal distribution.

The superintendent said that he will be forming a “reopening task force” to look at three options for this fall – traditional classroom setting with social distancing, a hybrid model of traditional and distance learning, and exclusively remote learning.

“We have to thank about what this will look like, the implications,” he said, adding that he expects to receive guidance from state leaders within a week or so and have plans in place by July.

Law and Order: Ellicott Avenue man accused of attempted burglary, criminal possession of weapon and menacing

By Billie Owens

Luis A. Ramos-Mercado (inset photo left), 35, of Ellicott Avenue, Batavia, is charged with: attempted burglary in the first degree -- use or threatened use of a dangerous instrument; criminal possession of a weapon in the third degree -- previous conviction; menacing in the second degree -- with a weapon. Ramos-Mercado was arrested on a Batavia City Court warrant for an incident that occurred at 2:30 a.m. on Jan. 30 on East Main Street in Batavia. He was released under supervision and is due back in city court on July 9. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Wesley Rissinger.

Trevawn Oral Wright, 19, of Highland Park, Batavia, is charged with two counts of second-degree harassment -- with physical contact. Wright was arrested after Batavia police responded to Highland Park for a report of a disturbance. After an investigation, it was found that Wright allegedly punched a male in the head and attempted to strike another male with a jug of water. He was issued an appearance ticket to be in Batavia City Court on July 21. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Joshua Girvin.

Torre Steven Walls, 28, of Alleghany Road in Darien, is charged with fourth-degree grand larceny. Walls was arrested at 9:45 p.m. on May 29 after an investigation of a domestic incident that occurred on Alleghany Road in Darien. It is alleged that Walls stole his girlfriend's Ruger SR22 pistol following a verbal argument. He was issued an appearance ticket and is due in Darien Town Court on July 21. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy James Stack.

Rae C. Cook, 31, Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested at 5:43 a.m. on May 30 on Liberty Street following an incident in which she was allegedly found in the presence of a person protected by an order of protection. She was arrested then issued an appearance ticket for July 21 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

Dalton Joseph Rarick, 30, Whitfield Avenue, Buffalo, is charged with: aggravated driving while intoxicated -- having a BAC of .18 percent or more; DWI; and refusing a preliminary breath test. Rarick was arrested at 10:16 p.m. May 29 on West Main Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on July 15. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Alan R. Murray, 74, Spencer Court, Batavia, is charged with operating a vehicle while having a BAC of .08 percent or more, and driving while intoxicated, with a previous conviction within the last 10 years. The case was handled by Batavia Police Officer Miah Stevens.

Brian Keith Dyer, 53, North Street, Batavia, is charged with second-degree harassment. Dyer was arrested at 9:50 p.m. on May 23 on Ross Street in Batavia after an investigation into a fight/disturbance there. He is due in Batavia City Court on July 21. Batavia Police Officer Arick Perkins handled the case.

Carrie L. Vargo, 35, of Tonawanda Creek Road, Clarence, is charged with second-degree criminal contempt. Vargo was arrested at 3:23 p.m. on May 14 after allegedly contacting a protected party on Summit Street in Batavia via email. Vargo was issued an appearance ticket and is due in Batavia City Court on July 14. The case was handled by Batavia Police Officer Alec Roberts.

Nikkia Marie Farias, 22, of Thorpe Street, Batavia, is charged with making unnecessary noise. Farias was arrested at 3:17 a.m. on May 26 following several noise complaints. The defendant was issued an appearance ticket and is due in Batavia City Court on July 14. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Adam Tucker.

Thomas James Leonard, 36, address unknown, is charged with petit larceny. Police were called to Dollar General on East Main Street in Batavia after it was reported that a male had stolen items from the store and was fleeing. Leonard was arrested and issued an appearance ticket to be in Batavia City Court on July 21. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Joshua Girvin.

A minor teenager who lives on Halstead Road in Batavia was arrested for unlawful possession of marijuana at 4:36 a.m. on May 24 on State Street in Batavia after a domestic incident. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Stephen Quider.

BBQ for Equality in Williams Park canceled, organizers still plan march downtown for Sunday

By Howard B. Owens

A plan for a unity gathering at Williams Park on Sunday has been canceled according to one of the organizers, Macy Paradise.

Paradise said city officials have pulled out of the BBQ for Equality.

Attempts to contact City Manager Martin Moore have so far been unsuccessful.

There will be a peaceful protest march in Downtown, Paradise said, and that event is being organized by local people of color.

"I will march alongside them," Paradise said.

Yesterday, Paradise met with city officials and said at the meeting he was led to believe the city was committed to cosponsored a BBQ for Equality in Williams Park.

Later in the evening, Moore called The Batavian and said plans for an were actually not finalized and that the city would need to clear the plans with the state.

Police Chief Shawn Heubusch yesterday expressed concern about outside agitators coming to Batavia to cause trouble if there was a protest Downtown. The venue change to Williams Park was meant to help avoid such a turn of events.

COVID-19-related death reported in Genesee County

By Howard B. Owens

Press release:

  • As of 2 p.m.
    • Genesee County received one new positive case of COVID-19, for a total of 190 positive cases.
      • The new positive individual resides in Byron.
      • The person is in their 50s.
      • The new positive case was not on mandatory quarantine prior to testing positive.
      • Two of the previous positive cases have recovered and have been released from mandatory isolation.
      • Zero of the total active positive cases are hospitalized.
      • We are sorry to report the death of one of our county residents. The individual was hospitalized and over the age of 65 years of age. We extend our deepest condolences to the family and friends of this individual during this very challenging time.
    • Orleans County received two new positive cases of COVID-19, for a total of 236 positive cases.
      • One of the new positive individuals resides in Ridgeway and one of the new positive individuals lives at Orchard Rehabilitation and Nursing Center.
      • Of the new positive case one of the individuals is in their 50s, and one of the individuals is in their 70s.
      • The new positive community case was not on mandatory quarantine prior to testing positive.
      • Two of the previous positive cases have recovered and have been released from mandatory isolation.
      • Eighteen 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 the death of one of our county residents. The individual was a resident of The Villages of Orleans Health & Rehabilitation. We extend our deepest condolences to the family and friends of this individual during this very challenging time.

Click here to view the Genesee and Orleans counties' online map of confirmed cases.

Riding the wave: County Mental Health department embraces telehealth services

By Mike Pettinella

Moved to the forefront by COVID-19, telehealth is the wave of the future for Genesee County Mental Health & Community Services, the agency’s director said on Monday.

Speaking at the County Legislature’s Human Services Committee Zoom videoconferencing meeting, Lynda Battaglia said her employees “love the fact that we can offer telehealth” as she presented a departmental review.

Legislators commended Battaglia, who was hired about eight months ago, for turning around a department that had been in disarray.

“Lynda came in at a very difficult time and has done a wonderful job,” Legislator Gordon Dibble said. “I know I speak on behalf of the board (when I say) that she’s done a great job under very difficult circumstances.”

Battaglia acknowledged that the agency has faced some turmoil over the past year, but pointed out that the “level of service that has been provided to the clients never wavered. (That) really speaks to the quality of professionals that we have in the agency.”

She was hired after her predecessor, Ellery Reaves, departed and was replaced on an interim basis by Mark O’Brien, the former Orleans County Mental Health director who since has moved on to become commissioner of mental health in Erie County.

Before taking the Genesee County position, Battaglia served as the forensic unit chief at Attica Correctional Facility and as assistant outpatient coordinator for New York’s Western Region.

In her PowerPoint presentation, Battaglia outlined a serious of mistakes and oversights that beset the department, calling the last year “a roller coaster for GC Mental Health.”

She was quick to mention that services have continued without interruption, even in the face of the coronavirus, and has set the department on a progressive course that includes telehealth, implementation of enhanced safety measures and cross-training of billing clerks.

“Agencies are always going to have a couple outliers that question things, but for the most part the group of people at Mental Health wants to progress with changes, they’re excited for the changes (and) they love the fact that we can offer telehealth,” she stated. “We have some big plans moving forward.”

Battaglia outlined that telehealth was “the only potential solution” after the agency lost its on-site psychiatrist, leaving hundreds of clients needing a provider and increasing the wait time to see a doctor to nearly a year.

In its broadest definition, telehealth allows long-distance patient and clinician contact, care, advice, reminders, education, intervention, monitoring, and remote admissions.

On March 5, the state Office of Mental Health approved the county’s application to use telehealth for psychiatric services. As a result, the wait time has been reduced significantly, she said, and the department has been able to add to its client base by providing another method of treatment.

Battaglia said that the OMH office is approving expanded telehealth services for all clinical staff and mentioned that Genesee County is applying for grants to sustain these services.

On the subject of safety, she said Mental Health has “come up to speed where DSS (Department of Social Services) was in regards to workplace safety.”

She said the department contracted with a company called Securemedy to institute numerous facility, group and personal safety measures, such as conducting rounds daily, having an on-site supervisor to intervene with immediate issues, improving communication and security checks, and making sure all posts are guarded.

The agency has seen a 13-percent increase in the average of monthly services for billing over the first four months of 2020, Battaglia said, attributing that to a streamlined billing process along with a “high demand” for services at this point in time.

“One of our missions is to decrease the cost to our county, and one way to do that is by getting the billing folks together and having them cross-train now that we have our new electronic medical records going live on July 1,” she explained. “It’s really going to mainstream how we conduct billing … We’re going with a clearing house, which is going to be great.”

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Correction: Mark O'Brien left his position with Orleans County Mental Health to become the commissioner of mental health in Erie County. Information provided to The Batavian indicated that he had retired.

Five questions for board of education candidates: Batavia City School District

By Mike Pettinella

The Batavian has reached out to school board candidates in Genesee County to get their answers to five questions prior to voting on June 9.

In the Batavia City School District, incumbents Barbara Bowman and Tanni Bromley along with recent appointee Alice Ann Benedict are running for three board seats. The candidates receiving the most votes will serve from July 1, 2020 through June 30, 2023, while the third-place candidate’s term will be June 9, 2020 through June 30, 2021.

The questions are as follows:

1 -- What is your position on your school district’s proposed budget for 2020-21? What parts do you support? What parts would you change if you could?

2 -- Are teachers in your district compensated adequately?

3 -- With what we know now about COVID-19, should schools reopen in the fall?

4 -- Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

5 -- What two books published since The Enlightenment have influenced you the most?

ALICE ANN BENEDICT

1 -- I am in total support of the year’s district proposed budget for 2020-2021. The BOE, Scott Rozanski, Superintendent Soler worked hard and responsibly to meet all the educational needs of the students of this district with this budget.

2 -- Great teachers are the most valuable resource in our school district. That being said, Batavia is not the most affluent community in New York State and our ability to compensate our staff is based on our taxpayers’ ability to fund the district. I believe, in general, that our current compensation is adequate and I hope that our community’s prosperity will help improve our district’s long-term ability to continue to attract and retain the best and brightest educators and team members available.

3 -- I think that our district should follow the guidelines that will be suggested by the Governor, New York State School Boards Association, The Genesee County Health Department and our Superintendent. Each school district in the state has a different circumstances to contend with. Our school district is different than, let’s say, Elba’s because of the number of students, their school campus, their busing policies etc. Therefore, we should consider our own needs and use a process that best suits our district, that takes into account our students, our campuses, our busing needs etc. and reopen when it best suits all concerned, when its safest for all students, staff, families and our community. With that being said, I’d like to thank and commend our teachers and staff for how they’ve handled this crisis and truly put the needs of Batavia students and families first. 

4 -- From my previous BOE experience (11 years on the BOE) I have realized three things about responses to parents: 1. Our BOE should be speaking with one voice to ensure consistency and clarity of our message. 2. Going forward, I will promote transparency and open communication and answers to any questions and be forthcoming whenever possible. 3. I encourage parents and families to ask questions and engage with us during this difficult time. It’s important for the BOE to listen and respond thoughtfully whenever and wherever we can. During these unprecedented times, it’s essential for the BOE to be as transparent and supportive of open two-way communication as possible.

5 -- Team of Rivals: The Political Genius of Abraham Lincoln by Doris Kearns Goodwin; American Heroes: Profiles of Men and Women Who Shaped Early America by Edmund S. Morgan

BARBARA BOWMAN

1 -- After careful consideration and further conversations, the board unanimously approved the proposed budget. We supported the budget in its entirety. I cannot stress enough how important I feel it is to support the teachers and to support the community. I believe to be of substantial help to our students, who are our first priority, we need to be able to use collaboration and work together as a team.

2 -- The Teachers Association negotiates their compensation on a 3-4-year contract. The Board of Education approves the final negotiation contract on the recommendation of the Superintendent of Schools.

3 -- I believe Batavia CSD should follow the guidelines that will be provided by Governor Cuomo and the Genesee County Dept of Health, on the advice of the CDC and WHO. Having said that, as a grandparent, I support the reopening of school in the fall, provided we can follow all safety guidelines put forth. Technology is an amazing tool and should be used but it can never replace teacher- student interactions and relationships.   

4 – The Board of Education allows the opportunity for all public to be heard during public session in addition to allowing questions to be submitted for review on the district website. We obviously cannot answer every question that is received however when there are several questions with similar content, we as a board, take time to consider them and provide thoughtful answers.

5 -- To Kill A Mockingbird; Night.

TANNI BROMLEY

1 -- After careful consideration and further conversations, the board unanimously approved the proposed budget. We supported the budget in its entirety.

2 -- The district continuously has a full pipeline of candidates for open positions, this is in part due to having competitive compensation as compared to similar districts. Additionally, our Teachers Association negotiates their compensation on a 3-4-year contract which The Board of Education approves on the recommendation of the Superintendent of Schools.

3 -- I believe Batavia CSD should follow the guidelines that will be provided by Governor Cuomo and the Genesee County Dept of Health, on the advice of the CDC and WHO. If the guidelines are to open in the fall with certain restrictions and accommodations, then yes.

4 -- The Board of Education allows the opportunity for all public to be heard during public session in addition to allowing questions to be submitted for review on the district website. We obviously cannot answer every question that is received, however, when there are several questions with similar content, we as a board, take time to consider them and provide thoughtful answers.

5 -- Tuesdays With Morrie by Mitch Albom; Being Mortal by Atul Gawande.

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