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Thirteen of the 20 municipalities in Genesee County have decided to opt out of allowing cannabis retail dispensaries and on-site consumption places.

According to information provided on a Marijuana Opt-Out Tracker compiled by the Rockefeller Institute of Government and phone calls made by The Batavian to town and village officials, this is the current tally:

OPT OUT

Towns – Alabama, Alexander, Batavia, Bergen, Bethany, Elba, Le Roy, Oakfield, Stafford.

Villages – Bergen, Elba, Le Roy, Oakfield.

OPT IN

City – Batavia.

Towns – Darien, Pavilion, Pembroke.

Villages – Corfu.

UNDECIDED

Towns – Byron (vote on Dec. 27).

Villages – Alexander (vote on Dec. 28).

The state’s Marijuana Regulation & Taxation Act was signed into law by former Gov. Andrew Cuomo on March 31. It requires municipalities to either opt in or opt out by Dec. 31.

Communities opting out can opt in at a later date, but those opting in will not be permitted to opt out.

Cities, towns and villages that have opted out are subject to permissive referendum should residents wish to push for retail dispensaries, such as storefronts to buy products for home consumption and adult use consumption sites.

Economists estimate that legalized sales of marijuana products will become a $1 billion industry with expected annual revenue of $350 million and the creation of around 45,000 jobs.

Sales tax on cannabis will be 13 percent, with 9 percent going to the state, 3 percent to the host municipality and 1 percent to the county. Additionally, a THC (tetrahydrocannabinol) excise tax will be imposed.

The Batavia Town Board tonight, by a 3-2 tally, voted in favor of a local law to opt out of allowing cannabis retail dispensaries and on-site consumption sites in the town, likely triggering a public referendum to gauge the municipality's pulse regarding the New York's Marijuana Regulation & Taxation Act.

At their monthly meeting at the Town Hall of West Main Street Road, Council members Sharon White, Patti Michalak and Supervisor Greg Post voted for the resolution passing Local Law No. 7 of 2021 to opt out, while Chad Zambito and Dan Underhill voted against the resolution (and to opt in).

Kelly March of Clinton Street Road, (photo at right), appearing before the board for the second straight meeting to voice her support for the cannabis legislation, said she was "disappointed" in the outcome but vowed to press on through the permissive referendum process.

"I'm pretty disappointed, but I knew ahead of time they were not going to be passing it," she said. "But I wanted them to be able to look me in the eye and not pass it."

Asked what's next, she said, "We're going to do the referendum. We're going to work with the town board. We knew ahead of time that that would be the case, and they're very willing to work with us ... to help us through the process to that."

March said there is a broad base of support throughout the town and even to the tri-county area for the reformed marijuana laws that would ensure safe, high quality cannabis. She added that she was disappointed that some of the farming community "is not supportive of farmers, essentially."

As far as the referendum is concerned, she said that she is "going to do my homework" to get some legal advice.

"And we do have lawyers that are working with a lot of other towns and villages, you know, constituents that are doing the same thing we are right now. So, I'm very confident that you will have good guidance and people to work with," she said. "We've seen a really good uptake in people opening up and talking about cannabis now."

March said she had hoped to meet with Post prior to tonight's meeting, but that didn't happen due to scheduling conflicts. She said that Penelope Hamilton Crescibene, who also was at the Nov. 17 public hearing on the MRTA, did get answers to questions regarding taxation and banking, "which were grave concern to them."

Post did address March tonight following her brief statement that urged board members to consider her opinion when they voted on the resolution.

"I want you to know that you were heard," he said. "Regardless of our vote, this is in the hands of the people."

On another front, the board voted to extend the town's moratorium on solar energy systems for another six months as a special solar committee completes its work.

A public meeting on the town's revised solar guidelines is scheduled for 6 p.m. Dec. 29 at the Town Hall, immediately following a special town board meeting at 5 p.m.

Previously: Two advocates speak out about opting in for cannabis dispensaries

The Genesee County Legislature, in a special Committee of the Whole meeting minutes ago, approved a contract with Common Ground Health of Rochester to join forces with Causewave Community Partners, also of Rochester, to conduct a regional marketing and outreach campaign promoting the benefits of the COVID-19 vaccine.

Genesee County's cost of the $150,000 initiative, which will focus on the rural counties of the Finger Lakes Region, is $15,171.10 -- using federal grant money.

"We believe this is a small investment of federal dollars to go toward outreach efforts to educate the hard-to-reach people and the vaccine hesitant," County Manager Matt Landers said. "The campaign is not designed to sway people who have already made up their minds concerning vaccination."

The resolution states that the proposed marketing and outreach strategy will consist of purchased advertising in a number of local and regional outlets, earned media, and targeted direct mailings to particular populations within the region.

It also indicates that public health directors and county leaders see a "pressing need to undertake the campaign to increase vaccine uptake rates and to try to slow the increase of cases, hospitalizations and deaths from COVID-19."

Landers said wording in the contract includes the opportunity for the county to be reimbursed should the agreement be terminated before all services are rendered.

 

The City of Batavia has been awarded $1 million for a Jackson Street water line replacement project through Round XI of New York State Regional Economic Development Council’s Community Development Block Grant program, Gov. Kathy Hochul announced on Tuesday.

City Manager Rachael Tabelski confirmed that the city’s application for the grant, which was submitted in June, has been approved.

The project is one of 488 initiatives throughout the state to share in an additional $196 million in funding.

The work consists of replacing the 4- and 6-inch lines on Jackson Street with 8-inch water main at an estimated cost of $1,351,908, with $351,908 committed from local funds. According to the REDC, the improvements will benefit 213 persons of which 144 or 68 percent are low-and-moderate-income persons.

“It’s the residential portion of Jackson Street, not the commercial side,” Tabelski said.

Currently, the stretch of roadway from Ellicott Street to South Jackson Street on the western side of Jackson contains 4-inch line; a 6-inch line is under the sidewalk between Watson and South Jackson on the eastern side of the road from Central Avenue to Ellicott Street.

The commercial portion of Jackson Street – north of Ellicott Street – will be a separate project, she said.

All of these lines will be eliminated and service will transfer to an 8-inch water main. The project will cover around 2,250 linear feet of water line replacement and also will address elimination of lead water services if encountered.

Other Genesee County projects to receive funding are as follows:

• Batavia Development Corporation -- Brisbane Mansion Technical Assistance Project: The BDC will complete building reuse analyses for the historic Brisbane Mansion (currently housing the Batavia Police Department) in downtown Batavia; $20,000.

• Town of Batavia -- King's Plaza Sewer Pump Station: The total estimated project is $1,485,000 with $ 184,000 from Water Infrastructure Improvement Act & $553,500 from local sources. The improvements will benefit 623 persons of which 517 or 83 percent of whom are low-and moderate-income persons; $747,500.

• Town of Batavia -- Replacement of Existing Water Meters: The town will use Green Innovation Grant Program funds to replace existing water meters with Advanced Metering Infrastructure technology. These replacements will reduce water consumption in the Town; $730,000.

• Town of Byron -- Engineering Planning Grant Study: The EPG program will fund the development of an engineering report to assess the existing condition of the Byron Mobile Home Community wastewater collection system, evaluate alternatives, and recommend improvements to the Town of Byron; $30,000.

• Genesee County -- Expansion of Incubator Models: High Tech Rochester and Rochester Institute of Technology's Venture Creations Incubator have partnered to lead the Finger Lakes Innovation Hotspot. Through the Hotspot initiative, they seek to expand their successful incubator models to serve more entrepreneurs, including those in historically underserved counties and locations; $1,250,000 (Also includes Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming, Yates).

 

Le Roy Central Schools will continue to keep doing what it's doing when it comes to COVID-19, Superintendent Merritt Holly told the Board of Education on Tuesday night, because it's been working.

That is, the district will continue to follow the protocols.

Holly said with a total of there are currently 25 more COVID-19 cases in the district this year than last at the same point, when there were 45, but by Dec. 24 last year, there were 81 cases.

The numbers, then, this year are looking pretty good, when you consider that this year, nearly all students are attending school daily and the world is dealing with varients that spread more easily than the version of SARS-CoV-2 that was in the air a year ago.

The data is clear, Holly said: The vaccines work.  Most of the local infections are among the unvaccinated.

The other advantage for the vaccinated is they don't have to follow the same quarantine protocols if they become a close contact to an infected person and are asymptomatic.

The district, he said, with temperature checks, social distancing, masks, quarantines for the unvaccinated who get exposed to the disease, are one of the safest environments for staff and students.

"What we've put in place has allowed us to stay functional and stay in school," Holly said.

 

Updated Nov. 15, 2 p.m. with statement from Oakfield Village Mayor David Boyle:

With the Town of Oakfield on board with the amount it will have to pay for fire protection service for 2021-22, it has decided to “drop” its dispute with the Village of Oakfield for several months.

That’s what Oakfield Town Supervisor Matt Martin reported to The Batavian today on the heels of village and board meetings on Monday and Tuesday of this week, respectively.

When asked what has been agreed upon, Martin said, “Basically, nothing has changed whatsoever. It is what is was four years ago. So, the contract is the same as the existing contract.”

The town board will pay the $49,126 fee charged by the village for services provided by the Oakfield Volunteer Fire Department for the period covering June 1, 2021 through May 31, 2022, Martin said. The village owns the fire trucks and equipment, while the OVFD owns the building on Albert Street.

According to the municipalities’ longstanding agreement, the town is responsible for 58 percent of the fire department budget as determined by the village board. The OVFD budget for 2021-22 is $84,700.

Clearly not pleased with the back-and-forth debate with Mayor David Boyle that played out in the media and on the village and town websites, Martin said, “I just felt we're going to fight the issue another day.”

“For right now, we just were happy with the number they gave us as far as the dollar amount. So, we just decided to drop it for the next six months.”

Town is Looking for a Service Contract

Martin said the town board is more concerned with the wording of the contact and the provisions of the contract, with its goal to achieve a fixed amount as a “service contract,” excluding responsibility for equipment upkeep and purchasing.

“We’ve been going back and forth for four years, and they weren't willing to change a thing. So, we said let's sign it and get it behind us for now. We'll see what happens in the future,” he said.

Town attorney Craig Welch, partner with Lacy Katzen LLP of Rochester, today verified that the contract is in place through next year (May 31).

He said the town’s position is attaining a “fixed number for the service” instead of the current percentage formula being used by the village.

“The way it is now, you don't have control,” he said. “I mean, if you have somebody come to your house and they’re going to paint the living room, they give you a number. We'd rather just pay a fixed number for services, just like the town charges the village for plowing the village streets. It’s not a percentage of the town budget, it’s just a number.”

Welch said the town paid the $78,000 owed to the village for the prior fiscal year some time ago, and that was confirmed by Village Clerk Kimberly Staniszewski. He also said that fire protection for town residents will continue uninterrupted.

Creation of a Fire District is a Possibility

Another key issue in the scheme of things is the possibility of the fire department creating its own fire district – separate from the village and the town.

“We voted years ago to go with a fire district, but the village refuses to do it,” Martin said. “The village wants control of the fire department. The fire department does not want that and the town does not want that either.”

OVFD Chief Sean Downing said that fire department officials have talked about forming a fire district in the past, but added that he was surprised to hear that it has been brought up again.

"The town clearly does not want the fire department being under the village ... and the village does not want to go to a fire district, where the town does," he said. "It's our preference (to do so) but without both parties agreeing to it, nothing will move forward on it at this time."

Martin acknowledged that the law sides with the village in creating a fire district.

“The village has the final say on that, apparently, according to the legal proceedings. So, it's up to the village. I don't see where the fire department should be under the control of the village board or the town board. They should be a fire district, which has its own board of commissioners.”

Welch, when asked if the parties will be at the table prior to the end of May, said that could happen unless “people came around and created a fire district in the meantime. That is an option.”

Statement from Oakfield Village Mayor David Boyle

"Both (the) Village and Town have approved an amended contract.  It is expected that this contract will be signed by both the Village and the Town in the next few days.  This agreement covers the period starting June 30, 2021 and will last through at least May 31, 2022.

"The interests of the Oakfield Community as a whole provided the ground for guiding the Village Board. The Village Board of Trustees unanimously agree that they feel the new contract is in the best interest of the larger Oakfield community.

"The amended agreement includes a clause for timely payment of monies by the Town. The Village will increase its support of the Fire Department budget to a 46 percent share (reducing the Town's share to 54 percent). There are also guidelines for the process of future contract renewals."

Previously: Fire protection deadline extended as Oakfield town, village boards prepare for mid-December meetings

Previously: Mayor says village, town are "pretty close" to settling dispute over fire protection services in Oakfield

Previously: Oakfield fire protection dispute update: Village wants full payment before negotiating; Town has sent half

Previously: Village of Oakfield threatens lawsuit, withholding fire protection over payment dispute with Town of Oakfield

Jacob Sponaugle Devon Wright

Jacob Sponaugle, convicted at jury trial on Nov. 17 of attempted murder, assault in the first degree, and criminal possession of a weapon in the second degree, was sentenced to two 15-year sentences in state prison as well as a 2 1/3 to seven-year sentence.

All sentences, per state sentencing guidelines, will be served concurrently.

Sponaugle will be on parole for five years following his release.

Jenna Bauer, the newest member of the District Attorney's Office, who assisted retired DA Lawrence Friedman at Sponaugle's trial, argued for a maximum sentence before Judge Charles Zambito.

She argued that Sponaugle shot Jason Whitehead over nothing and that such assailants are "the most dangerous type of person." She said Sponaugle has shown no remorse and continues to proclaim his innocence despite that clear evidence that he shot Whitehead.

The trial -- Friedman's final criminal trial before his retirement -- was a rare two-defendant trial but Sponaugle's co-defendant, Devon Wright, entered a guilty plea to attempted possession of a weapon, along with charges from unrelated cases, near the start of the three-day trial.

Wright's attorney indicated Wright sought a deal that would allow him to be out of jail so he could be present at the birth of his first child.  Wright was released under supervision of Genesee Justice pending his sentencing. 

He's been missing and wanted by Batavia PD since Nov. 27.

A Batavia man with a prior sexual abuse conviction and facing 10 new felony counts involving rape and sexual abuse entered guilty plea felony counts that could lead up to eight years in prison and 15 years of parole.

Jon T. Magliocco, 44, who told Judge Charles Zambito that he had an 11th-grade education, entered guilty pleas to rape in the third degree, a Class E felony, a lesser included offense for criminal sexual act in the first degree, a Class B felony.  He also pled guilty to criminal sexual abuse in the third degree, a Class E felony.

Each count carries a possible sentence of two to four years and the terms could be served consecutively.

Magliocco admitted to having sex with a person without that person's legal consent and to engaging in either oral or anal intercourse without the victims' consent while at location on Mill Street, Batavia, in August 2021.

The possible sentence is the statutory limit available to Melissa Cianfrini, who will have assumed the County Court bench when Magliocco comes back for sentencing at 2:30 p.m. Jan. 20.

Zambito ordered Magliocco, who was already in jail, held without bail pending his sentencing.

City Manager Rachael Tabelski solicited some laughter during Monday night’s City Council Conference Meeting while proposing to end a $40 per month, 56-year-old right-of-way lease with owners of the Pok-A-Dot Restaurant at 229 Ellicott St.

Tabelski said she believed it’s time for the city to terminate the lease (and City Attorney George Van Nest agreed) that was created after it was found that part of the building was on the city’s right-of-way.

At that time – the year was 1965 – it was agreed that Pok-A-Dot owners Philip Pastore Jr. and Joseph Marone would pay the city $40 per month.

“We’ve never changed the terms and conditions of the lease – and they’ve always paid,” Tabelski said, “and they’ve always provided great beef on Weck and French fries.”

In 2020, the restaurant’s current owners, Pastore’s wife, Leona, and daughter, Phyllis Pastore-Beers, expanded the business to accommodate COVID-19 distancing protocol and food pick-up options. In the process, they obtained a New York State Department of Transportation permit to complete the work because it is located in a U.S. right-of-way for missile transport.

Interestingly enough, the DOT permit carries a fee of $460 per year – slightly less than the fee of the Pok-A-Dot’s lease with the city. As a result, Pok-A-Dot owners are requesting an end to the city lease, Tabelski said.

City Council members agreed to move the proposal to its Jan. 10 Business Meeting for discussion and a possible vote.

Three other Conference Meeting resolutions were forwarded to last night’s Business Meeting and all were approved:

• A 15-month contract, effective immediately, with AMREX of Binghamton to supply the Water Treatment Plant with sodium hypochlorite at an inflation-induced cost of $1.45 per gallon.

Calling it a “weird and wild ride procuring resources,” Tabelski said that was the lowest of seven bids received for the chemical, which is used for disinfection of the public water supply. She added that other municipalities are having similar supply issues.

Previously, the city paid 86 cents a gallon for the chemical, she said.

• An emergency purchase of 400 pounds of refrigerant for a compressor at the Batavia Ice Arena on Evans Street at a cost of $19,800. The funds will be taken from the facility’s reserves, dropping the available amount to $371,000.

Tabelski said she approved the purchase after Carrier personnel replaced the compressor and discovered and repaired a couple leaks in the refrigerant system. Consequently, the system is low on R-22 refrigerant and could be in danger of malfunctioning.

• The reappointment of realtor Bernadette Penfield to the Board of Assessment Review through Sept. 30, 2026.

Council also forwarded a resolution to the Jan. 10 Business Meeting to accept a $28,681 grant from Genesee County STOP-DWI to provide specialized patrols targeting drug and alcohol impaired driving, and the purchase of RADAR units, training of a Drug Recognition Expert and associated expenses.

File photo of the Pok-A-Dot by Howard Owens.

It looks as though, by default, the City of Batavia is welcoming the opportunity to host retail dispensaries and on-site consumption places as permitted by the New York Marijuana Regulation & Taxation Act.

City Council President Eugene Jankowski Jr., speaking at tonight’s Conference Meeting at City Hall Council Board Room, said that since the municipality “has no control over it,” then it would be prudent to opt in and “get the money (that cannabis sales would produce).”

The topic was brought up by city resident John Roach, who correctly noted that if a community doesn’t do anything (as far as a formal resolution), “you’re automatically in.”

State officials are requiring municipalities to state their intentions by Dec. 31. Towns, cities and villages that opt out are able to opt in at a later date, but those that opt in, can never opt out.

Jankowski and Council member Robert Bialkowski both said they have received “positive comments” about opting in. The former said that “people are advising me to get the tax money” and the latter stated that some people -- including adults -- enjoy using marijuana.

Questioned further following the meeting, Jankowski said his understanding was that there were two choices: “Do nothing and automatically opt in after December 31^st or do the resolution and opt out, and then I think there was recourse for the public to opt back in …”

The MRTA does stipulate that if a community opts out, residents could call for a public referendum to reverse that decision.

While many legislative bodies in cities, towns and villages across the state have discussed the matter in an open forum and drafted resolutions – or are in the process of doing so, City Council wasn’t one of them. Jankowski said none of his colleagues indicated a desire to bring the subject to a vote.

“Any council member could have easily brought it up and put it on the agenda but it just never came to the front because of a complaint by a citizen that adamant about wanting Council to do something about it,” he said. “The bottom line is I usually put my personal opinion to the side and I listen to the people I represent. And nobody from the city contacted me and was really passionate about it or concerned about opting out.”

Jankowski said he talked to many people over the past several months "and they basically told me they weren’t really happy about the way the state did it, but they understand the wisdom of getting any money from taxes."

"But we’re not even sure if anybody’s going to even open a business in the city," he added.

What's Up with the WWTP?

Roach also asked about the status of the City Waste Water Treatment Plant and the dispute with O-At-Ka Milk Products over the milk processing plant’s discharge into the ponds that exceeded legal limits.

City Attorney George Van Nest, offering no specifics, said engineers working with the city and New York State Department of Environmental Conservation officials are monitoring the recovery of the ponds with the goal of obtaining maximum efficiency.

In other developments, City Manager Rachael Tabelski reported:

• The city will recognize Gov. Kathy Hochul’s mask mandate “instead of checking vaccination status at the door.” The mandate runs through Jan. 15, 2022. “We’re awaiting the executive order to make it official,” she said.

• That 90 percent of the city’s National Grid customers now have power following Saturday’s major wind storm. She said that residents may place downed tree limbs next to the curb for pickup by Department of Public Works crews this week.

• The possibility of planting trees to replace those that have come down due to storms and other reasons. Jankowski noted that the city hasn’t planted trees in a long time and suggested planting some each year over a five-year period. Tabelski said that wouldn’t be possible with money from the general fund without raising property taxes. She did say that donations from businesses or residents are welcome.

• Two bids from contractors seeking to handle the Jackson Square renovation – one of the city’s Downtown Revitalization Initiative projects – came in “double the price that was anticipated.” Tabelski said she was hoping for a cost of around $650,000, but the submitted bids were for more than $1 million. She said the project will be re-bid and, as a result, the start of construction will be pushed back until August 2022.

• The city has hired Angie Dickson, a Corfu resident, as confidential secretary. The position had been vacant for several weeks after Lisa Casey left to become clerk of the Genesee County Legislature. Two DPW jobs are open – heavy equipment operator and laborer.

Tammy Schmidt received an enthusiastic endorsement from her predecessor tonight as she was sworn in as the Batavia City Council's Sixth Ward representative.

"I'm here on behalf of Tammy Schmidt, who will do an outstanding job for the Sixth Ward," said Rose Mary Christian, who stepped down last month after nearly 30 years as a city lawmaker. "She's articulate ... and certainly knows lthe budget process (as Schmidt works in the financial management field). I want to thank her for taking my position."

The appointment of Schmidt through the end of next year was reported first on The Batavian.

Photo: City Clerk/Treasurer Heidi Parker, right, swears in Tammy Schmidt as Rose Mary Christian and City Republican Committee Chair Rich Richmond look on. Schmidt was unanimously approved by City Council prior to the board's Conference and Business Meetings. Photo by Mike Pettinella.

Previously: Batavia City Council set to vote on appointment of Republican Tammy Schmidt as Sixth Ward representative

Hannah R. Roberts, 18, of Fulton, is charged with criminal mischief 4th criminal trespass 3rd, and conspiracy 6th.  Roberts is accused of breaking into GO ART! at 4 a.m., Aug. 28, and of conspiring with one other person to break a window and illegally enter the property in the middle of the night. The subjects were captured on security cameras and identified as the same two who broke a window and trespassed at Rolling Hills Asylum a short time after the Batavia incident.  Nothing was reportedly stolen.  Ghost hunting appears to be the motive.  The case was investigated by Det. Jason Ivison, Batavia PD, and Investigator Kevin Forsyth, Sheriff's Office.  The name of the alleged accomplice has not been released at the time of publication.  (VIDEO: Survellience video released by Batavia PD on Sept. 17)

UPDATE: Also charged in the same incident above, Talana J. Savery, 22, of Fulton.  Criminal mischief 4th, criminal trespass 3rd, and conspiracy 6th.

Thomas C. Rada, 21, of Batavia, is charged with driving while impaired by drugs.  Rada was stopped by State Police on Route 246 in Perry for allegedly exhibiting signs of impairment. Rada reportedly failed a field sobriety test.  He was arrested and transported to SP Warsaw and evaluated by a Drug Recognition Expert from the Wyoming County Sheriff's Office.  He was released on an appearance ticket.

Jorden Prescott, 27, of Batavia, is charged with harassment 2nd and obstruction of governmental administration 2nd.  Prescott is accused of grabbing a probation officer and preventing the officer from performing his lawful duties at 10 p.m., Nov. 24.  Prescott was issued an appearance ticket.

Nathan Maniace, 77, of Batavia, is charged with an open burn violation. Maniace is accused of having an open burn and burning unapproved materials in his backyard at 3:52 p.m., Nov. 19.  He was issued an appearance ticket.

Gerome J. Redmond, 40, of Batavia, is charged with petit larceny.  Redmond is accused of stealing items from a local business at 5:41 p.m., Dec. 8. He was issued an appearance ticket.

Lyndsay T. Young, 38, of Batavia, is charged with criminal contempt 2nd.  Young allegedly had contact with a person covered by an order of protection at 12:13 a.m., Nov. 7. She was issued an appearance ticket.

Leonard Conner, 62, of Rochester, is charged with harassment 2nd.  Conner is accused of punching another person in the face during an argument at 7:03 p.m., Dec. 4, and a location on Bank Street, Batavia.  He was issued an appearance ticket.

Jan Luca Krumm, 26, of Batavia, is charged with DWI, driving with a BAC of .18 or greater, moved from lane unsafely, and no turn signal. Krumm was stopped at 1:48 a.m., Nov. 25, on Fisher Park, Batavia. Krumm was issued traffic tickets.

Peter L. Jackson, 55, of Batavia, is charged with menacing 2nd and harassment 2nd. Jackson allegedly pushed a woman and menaced her with a kitchen knife during an incident at 12:28 a.m., Nov. 29.  Jackson was arraigned in City Court and released on his own recognizance.

Justin Calmes, 43, of Batavia, is charged with criminal contempt 2nd and harassment 2nd. Calmes is accused of violating an order of protection at 3:05 a.m., Nov. 27.  H was released on his own recognizance.

Roger Joe Ridd, 55, of North Lake Avenue Bergen, is charged with strangulation 2nd. Ridd is accused of obstructing a victim's breathing causing the person to fall into a supor for a period of time. Ridd was arraigned in Town of Bergen Court and released on his own recognizance.

Cuahtemoc Moses Ramirez, 19, of Fisher Road, Oakfield, is charged with menacing 3rd.  Ramirez is accused of placing another person in fear of physical injury, serious physical injury, or death.  He was arraigned in Town of Oakfield Court and released on his own recognizance. 

Serena L. Duryea, 36, of Oakfield, is charged with petit larceny. Duryea was arrested by State Police for an alleged incident at 9:42 a.m., Dec. 10, in the Town of Batavia. She was issued an appearance ticket. No further information was released.

Jennifer C. Moscicki, 45, of East Bethany is charged with petit larceny.  Moscicki was arrested by State Police for an alleged incident at 5:10 p.m., Dec. 7, in the Town of Batavia. She was issued an appearance ticket. No further information was released.

There are numerous power outages in Genesee County following last night's heavy winds that blew through the area.

In the City of Batavia, there are a dozen separate outages with the two largest affecting more than 2,000 National Grid customers.  One is centered around the intersection of Main and Oak and the other runs north to south along State Street.

There's also an outage that starts in the city along Pearl Street and stretches south into the Town of Batavia and affects 739 customers.

Crews have been assigned to those three outages but there is no ETA for power restoration.

Other outages:

• East Pembroke, outages affection 71 and 18 customers, crews assigned, no ETA.
• Indian Falls, 199 customers, crew assigned, no ETA.
• Tonawanda Indian Reservation, 105 customers, crew assigned, no ETA.
• Alabama, two outages 108 customers and 49 customers, crews assigned to both, no ETA.
• The northern part of the Town of Elba, 29 customers, no crew assigned, no ETA.
• The Town and Village of Elba, 329 customers, crew assigned, no ETA
• The Town of Batavia, west of Lewiston Road, north of the Thruway, 137 customers crew assigned, no ETA.  There is a smaller outage to the northwest, 15 customers, no crew assigned, no ETA.
• There are overlapping outages in Byron, South Byron, Stafford, Bergen, Le Roy Town of Batavia, that affect 96 customers (no crew assigned), 816 (crew assigned), 105 (unassigned), 130 (unassigned), 59 (unassigned), and 72 (unassigned).  

Statement from National Grid:

A National Grid field force of more than 3,300 workers is active across upstate New York removing downed wires, trees, tree limbs, broken poles and other hazards, while focusing on public safety and service restoration after a sustained, powerful windstorm hovered over the region Saturday through early this morning. The storm, which included heavy rain and wind gusts of more than 80 mph in some areas, has caused widespread and significant damage across the company’s 25,000-square-mile service area.

Crews have been working around the clock and, as of 10 a.m., have restored power to nearly 148,000 of the more than 215,000 customers impacted by the storm. Hardest hit were areas along the shores of Lake Erie and Lake Ontario, including Erie, Genesee, Niagara, Monroe, Oswego, Lewis and St. Lawrence counties.

In preparation for the storm, the company activated its comprehensive emergency response plan, including securing additional resources and pre-staging crews and materials in areas forecasted to be most severely impacted. Additional crews from North Carolina, South Carolina, West Virginia, Michigan, Indiana and Ontario are arriving today to support the restoration efforts.

“This was an extremely destructive storm,” said Matt Barnett, National Grid’s Vice President of New York Electric Operations. “We continue to prioritize public safety as we clean up the widespread damage that includes uprooted trees and downed power lines,” he said.

Barnett noted that cleanup, reconstruction and restoration will be labor-intensive and time-consuming, with some outages in the hardest-hit areas of western, central, and northern New York potentially extending beyond 48 hours. “In addition to our critical public safety activities, we are assessing the damage to our system and equipment in order to provide estimated restoration times.”

National Grid continues to work closely with local officials to coordinate restoration efforts. Customers are reminded to remain aware of potential safety hazards such as damaged trees, particularly broken limbs that haven’t yet fallen to the ground. As always, all downed wires should be considered live and dangerous. All downed wires should immediately be reported to National Grid at 1-800-867-5222 or by calling 911.

Photo: Tree down in Centennial Park submitted by Linda LaPorte

Updated, Nov. 11, 10 a.m. with comments from Schmidt:

The City of Batavia has drafted a resolution appointing Tammy Schmidt as city council’s new Sixth Ward representative, replacing Rose Mary Christian, who resigned on Nov. 15.

The matter is the only item on the agenda of a Special Business Meeting scheduled for 7 p.m. Monday, prior to the governing body’s Conference Meeting and Regular Business Meeting at the City Hall Council Board Room.

According to the resolution, Section 3.3 of the City Charter provides that when a position of Council Member becomes vacant, pending the election and qualification of a Council Member to fill the vacancy, the council shall fill the vacancy temporarily by appointment of a qualified person, who shall be the same political affiliation as the Council Member whose place has become vacant.

Schmidt is a Republican, as is Christian, who switched from the Democratic Party sometime after she was elected to her eighth -- and final -- term.

When Christian announced her retirement, it triggered a back-and-forth among the City Republican and Democrat committees as well as current City Council President Eugene Jankowski Jr. and Batavia resident John Roach, who was part of the City Charter Commission.

Republicans contend that the Charter wording clearly indicates that a Republican should fill the seat, while Democrats were looking for a legal ruling in light of Christian changing affiliations. That, apparently, did not happen.

RICHMOND: CHARTER IS VERY CLEAR

City Republican Chair Rich Richmond today said the “Charter is very clear – the appointment will be made by the Republican Party; a Republican will take that position.”

Richmond said he is going with what the Charter actually states “and not on what if, or how come or whatever?”

He added that Democrats have made this a political issue.

“There is nothing political about it. When they did the Charter, it was a bipartisan commission, including Republicans, Democrats and Conservatives. Nobody had a problem with it until it has come up now,” he offered.

Schmidt, a lifelong Batavian who grew up as Tammy Trigilio, has been employed for the past seven years as the financial management assistant for Genesee Justice and the Child Advocacy Center.

Prior to that, she worked for Genesee County Mental Health and Genesee County Workforce Investment. She and her husband, Mark, live on Osterhout Avenue. They have a daughter and son-in-law, Kristina and Tony Ferrando, and two grandchildren.

Richmond said he is impressed with Schmidt's credentials.

"Tammy has an excellent resume and is very intelligent and well-informed," he said. "I'm sure she will do a great job."

SCHMIDT: IT'S IMPORTANT TO GET INVOLVED

Contacted Saturday morning, Schmidt said that she has been part of the political workings in the city for quite some time and is looking forward to applying her experience -- and her love for her hometown -- "to help make it grow and prosper and be a great place for our kids and grandkids to want to stick around."

She currently is the Republican Committee Sixth Ward chair and previously served in that capacity for the Fifth Ward. Both her and her husband have been on the committee for several years and she said she is committed to learning more about city government.

"We're invested in this community," she said, adding that they own three rental properties in the Sixth Ward. "I don't want to use the tagline that Batavia Downs (Gaming) uses when they say, Dine, Stay and Play, but we live, work and play in Batavia."

When asked about replacing Christian, who served for 29-plus years, Schmidt said she has "big shoes to fill."

"Actually, I have had several conversations with Rose Mary, and she was very generous in giving me her endorsement," she said."And I still told her I plan to pick her brain. You can't beat that type of experience.

"Rose Mary was very vocal and she advocated for people to speak their minds. To me, if you want to incoporate any change, you need to be active and involved. You can't just sit home. Things aren't going to happen that way."

Previously: Will it be a Republican or a Democrat stepping in to replace Christian as Sixth Ward representative?

Perspective is everything, so the saying goes.

And for one nurse practitioner at Batavia’s United Memorial Medical Center, it’s been a lesson worth remembering from this past year of all things COVID-19.

“I didn’t expect to lose so many people in a year. The wins are great; it’s so awesome to take a breathing tube out and hear them saying good morning to you,” Marie Campbell said during an interview with The Batavian.

“I was hoping for more wins than losses … it’s one hour, one day, one minute at a time.”

Campbell, originally from Connecticut and a current resident of Akron, first joined the Air  Force on her way to a medical career path. It was while stationed In Texas that she met her future husband Bill. They moved to his hometown of Akron and had three boys, James, now 7, Alexander, 4, and 18-month-old Malcolm. Mrs. Campbell wanted to find a job that was “exciting and interesting,” she said, and opted to attend D’Youville College and University at Buffalo, eventually completing her Doctor of Nursing Practice.

Once done with the educational portion of learning, Mrs. Campbell landed a job in the neurological Intensive Care Unit at Buffalo General, and then in the ICU at UMMC a year ago Nov. 30. To bump up the stress another notch, she was pregnant during those first tenuous months of the pandemic, giving birth to Malcolm in May 2020.

Mrs. Campbell was shielded from COVID-19 patients initially, she said, until after she gave birth. When she first came onto the ICU floor, it was a safety protocol all the way, she said: Here’s your N95 mask, gloves, gown, and special headgear. 

“It’s scary,” Mrs. Campbell said. “I’m changing my clothes in the garage and I don’t go into the house … it’s really tough when three kids want to tell me about their day.”

She has emphasized that they’re not to touch her until she has changed and cleansed thoroughly. It has become a habit for them to ask “can I touch you?” and the cautious mom has had to say “no” all too often, she said.

As a nurse practitioner, she deals a lot with the families of patients, explaining what’s going on and what the medical treatment plan entails. Patients with COVID-19 could not have visitors whereas those with illnesses other than the virus could. 

“Most of the interactions with families were on the phone,” she said. “COVID patients don’t get visitors unless they’re end of life. I’ve lost track of all the patients we’ve lost over the last year; I’ve stopped counting.”

One of the most difficult talks she has with patients is that they need a breathing tube and be intubated. “That terrifies people,” she said, “and family members are terrified.”

“In people’s mind, if you put a person on a breathing tube, they won’t survive,” she said.

Although that’s not true, it’s what many people have come to believe about having that tube down their throat, she said. Those with COVID-19 are more often than not unvaccinated and in their 50s and 60s, she said. Their reasons for not getting the shot vary, from their belief it is not safe and decisions to wait awhile longer to see more results, to not thinking the virus is a real threat, she said.

“Being vaccinated makes a difference; it does not mean you’re 100 percent safe, but it does make a huge difference in going into the ICU,” she said. “A large percentage of those not vaccinated … end up getting really sick.”

Her job also includes performing intubations, putting in central lines (which are larger IVs), and reviewing patient charts and lab results. The challenges of a pandemic and constant loss of life have been outweighed by the less intrusive rewards.

“As hard as it was, it was the right decision for me,” she said, highlighting a perk of her job. “The feeling I can make a difference in someone’s life. Often they’re very, very sick, and I can talk to their families. Being able to talk to them, explain things to them … giving them comfort in knowing we’re doing everything we can.”

Her schedule puts the mom of three at work seven days at a time, followed by seven days off. Her days typically begin with waking up the kids and spending some precious time with them before taking care of urgent matters at the hospital, she said.

Despite their tender ages, her children seem to be quite aware of COVID-19 and what it means. She laughed when describing a time she was carrying her 18-month-old son into a medical office, and he reached over to grab some hand sanitizer. 

There are also those sad times, she said. The 35-year-old has been surprised, given she’s in a “small community hospital,” to see the number of sick people coming through the door. Her husband contracted COVID-19 before the vaccine was available to him, and he has since gotten it. The couple is thankful he did not suffer the serious side effects known to so many. Those others have not been as fortunate, she said.

“There are multiple people who wished they had gotten vaccinated, and they passed away,” she said, sharing a piece of advice she’s had to embrace. “When you leave work, you just have to leave it at work. My focus is being at home, enjoying my family.” 

One such patient — a gentleman who had gotten the virus at a wedding — came to her mind. His last words were that “I never should’ve gone to that f- - - ing wedding.” He then died.

It hasn’t all been so bleak, though, Mrs. Campbell said. Many younger patients have gone on to do “really well” and get discharged, even after being on a ventilator. 

“It does happen; the tube is removed and they go home,” she said. “And those are always the best ones.”

Top photo: Marie Campbell, a nurse practitioner at UMMC in Batavia, enjoys time spent with her family, including son Malcolm, 18 months. Sons James, 7, and 4-year-old Alexander also look forward to being with mom, who works with a patient on the Intensive Care Unit floor at UMMC, and dad, Marie's husband Bill, above. 

A trip to the City Centre Mall on Thursday revealed what used to be a familiar site -- a bucket to catch water from a leaky roof. Contacted today, Bill Davis, City of Batavia superintendent of Water & Wastewater, said two small leaks developed in the new section of the building's roof. The good news is that the contractor is on site, working on a separate, Mall Roof II project (extending from JC Penney to Dan's Tire & Auto) and will be addressing these small leaks right away. Photo by Howard Owens.

 

Batavia Notre Dame United dropped a 5-3 decision tonight to the Portside Royals in Section V hockey action at the Batavia Ice Arena.

BND falls to 2-2 while Portside, a merger of the Brockport and Spencerport programs, improves to 3-1.

The winners scored three goals in the second period to take a 4-1 lead and managed to hold off a spirited comeback by the home team.

Forward Vin DiRisio deflected a shot from the point by defenseman Orion Lama with 12 minutes left in the game, and forward Gavin Schrader buried a backhand shot after he stole the puck deep in the Portside zone three minutes later to pull BND within one at 4-3.

The Royals responded a minute later when United turned the puck over in its own end, leading to a goal by Evan Bovee.

“We just dug too deep of a hole in the second period,” BND Coach Marc Staley said. “We had some great scoring chances that we just did not capitalize on.”

With 2 ½ minutes left, Bovee received a major penalty after a blindside hit on DiRisio, giving United a two-man advantage – following a penalty at the 3:38 mark on Joey Mandel.

BND was unable to generate any offense, however, and Portside was able to clear the puck several times.

The home team opened the scoring at 10:47 of the first period on a slapshot from the right point by Andrew Kasmarek. Portside tied it with 4:55 remaining in the period on a goal by Henry Schulz.

Schultz scored a shorthanded goal a minute into the second period to put Portside up 2-1. He added a power play goal with 5:34 remaining and Sal Balbi scored after taking a pass from Ryan Plouffe with 1:44 to play to make it 4-1.

Courtney Schum stopped 27 of 32 shots while Portside goalie Danny Kucmerowski turned away 35 of 38 shots. Schum has replaced sophomore starter Frank Falleti Jr., who is out indefinitely with a leg injury. .

Schrader now has eight goals and DiRisio has six.

Staley said he saw “a lot of good things” from his team, noting that United outshot the Royals, took only two penalties and gave up just three odd man rushes. He also mentioned that he was surprised by the amount of hard checking.

“The game was much more physical than we’ve seen so far this year. It’s certainly not what we are used to seeing in Section V. I thought the kids did a great job adjusting to that and really coming after them in the third period,” he said.

Senior captain Zack Eschberger returns to the team on Monday after being in quarantine, Staley said.

BND travels to Geneva on Tuesday to take on the WFL Panthers. Game time is 7 p.m.

For Padma Kasthurirangan, a national expert in wind energy distribution, a project being promoted by Whitecap Electric, LLC, of Amherst, in the Town of Darien can’t begin fast enough.

“We would like to start, like two years ago, but our construction will probably be in 2023,” said Kasthurirangan, responding to The Batavian’s question about a starting date for the installation of two wind turbines of up to 2.5 megawatts each on farmland at 2311 Bennett Road.

The chief engineer and president of Buffalo Renewables, she was in Batavia tonight -- along with three colleagues – at the Genesee County Planning Board meeting at County Building 2.

County planners recommended approval of the site plan and special use permit, with a few modifications pertaining to decommissioning, visual impact and bird analysis studies, and stormwater prevention.

As reported on The Batavian yesterday, the $6 million project calls for the wind turbines, which would be connected to the grid under the Community Distributed Generation program, to be about 450 feet high.

During the meeting, Kasthurirangan informed planners that her company has been working on this for quite some time, and is committed to meeting all requirements put forth by the Town of Darien.

She said utilities will be placed under the ground and that the company is not requesting any variances.

John Hannon, a partner with Triad Recycle and Energy in Buffalo, added that they’re waiting for National Grid to determine where it wants the connection, and will restore any disrupted land to agricultural use.

Also representing the project at the meeting were Vasu Primlani, business development manager at Buffalo Renewables and a renowned environmentalist, and engineer Kenneth Rawe Jr.

Hannon said that Triad Recycle and Energy has two wind turbines at its facility in Tonawanda and that “Padma has put up more turbines than anyone in New York State.”

On the subject of noise complaints from wind turbines, Kasthurirangan said that most of the noise complaints “are not usually backed by actual noise issues.”

“It can make noise when there's a problem with the turbine, but the turbines that we pick will be certified to IEC (International Electrotechnical Commission) standards, and they go through a whole acoustic testing process," she said.

In other action, planners recommended approval of:

• A revised site plan for exterior changes at 99 Main St., Batavia, an historic building that is being renovated as part of the Downtown Revitalization Initiative.

• A zoning map change from Planned Development to Residential for homes at 145 and 147 Pearl St., Batavia, to enable the placement of a shed at 147 Pearl St. The matter now will go to the City Planning & Development Committee.

GENESEE 2050 TALK SCHEDULED

County Planning Director Felipe Oltramari announced that a presentation of the Genesee 2050 project, encompassing the county's Comprehensive and Recreation plans, is scheduled for 5:30 p.m. Dec. 16 at the Old County Courthouse. Citizens can attend in person or via Zoom. Contact Oltramari at 585-815-7901 for more information.

Previously: Planners to review revised site plan for 99 Main St.

With the percentage of Genesee and Orleans county residents who have received at least one dose of the COVID-19 vaccine significantly less than the New York State number, local healthcare and government officials are stepping up their efforts to reach those who, for one reason or another, are among the “vaccine hesitant.”

Speaking during a media briefing via Zoom this morning, Genesee/Orleans Public Health Director Paul Pettit reiterated what he has been saying for the past year: “That vaccines are the best protection against the coronavirus … and against severe illness and death.”

Statistics provided by Pettit reveal that 61.8 percent of Genesee County residents and 59.3 percent of Orleans County residents, when looking at the total population, have received at least one dose of the Moderna, Pfizer or Johnson & Johnson vaccines. (The first two are administered in two shots; J&J is one shot).

That pales in comparison to the state as a whole, with the percentage of the total population that has received at least one shot at 79.4 and the percentage of those 18 and older at 91.8.

When looking at the completed series, Genesee County’s number falls to 55.9 percent and Orleans is at 52 percent. In the age 5-11 category, Genesee is at 10.6 percent and Orleans at 9.5 percent.

For the eight-county Finger Lakes Region, the one-dose percentage is at 70.7 percent and the completed series percentage is at 63.1 percent, Pettit reported.

“That’s why we again are trying to get our vaccination rates up as high as we can,” he said. “COVID vaccines significantly reduce the likelihood of hospitalization and death.”

Pettit placed special emphasis on the vaccine booster shots that recently became available.

“We just need to go and get that booster shot now and make sure we're protecting ourselves as best as we can,” he said, adding that both Genesee and Orleans health departments continue to offer weekly COVID-19 vaccination clinics (Wednesdays in Genesee County and Thursdays in Orleans County).

Joining Pettit on the call were Dan Ireland, president of United Memorial Medical Center; Matt Landers, Genesee County manager; Marianne Clattenburg, Genesee County legislator, and Lynne Johnson, Orleans County Legislature chair.

Acknowledging the need to improve Genesee County’s vaccination numbers, Landers – as initially reported on The Batavian – mentioned the Finger Lakes Region’s push for a “targeted rural campaign” focused on hard to reach populations such as Native American, Amish and Mennonite, hard to reach zip codes and under vaccinated zip codes.

“We’re trying to find more creative ways to attack and go after targeted media advertising towards them,” he said, adding the plan is to use direct advertising, postcards and other mailings. “Their targets are not necessarily trying to change minds of people that are absolutely set, but it's really to educate, to go after vaccine hesitancy and to go after some of the harder to reach populations potentially …”

On the hospital side, Ireland said UMMC and Rochester Regional Health’s “number one priority” is to maintain full access to healthcare in the community, noting that UMMC is open for all types of elective surgeries at this time.

He also pointed out the importance of getting vaccinated, wearing masks where appropriate and getting tested, especially prior to social or family gatherings.

He said that his family did just that before Thanksgiving and, fortunately, no one tested positive.

“So, really it’s a small step, but it makes a big difference,” he said. “And it will help us on the hospital side. Because certainly as we continue to have a fair number of unvaccinated in the community. It makes a difference when they become positive as we're seeing a higher percentage of unvaccinated patients in our hospital versus the vaccinated COVID patients.”

Statistically, Ireland said that there are more than 200 patients who have tested positive for COVID in RRH hospitals, with 11 percent of those at UMMC. Sixty-two percent in the Intensive Care Unit are COVID positive, with 80 percent of those people unvaccinated.

“Put in non-statistical terms, the unvaccinated truly are showing signs of higher acuity in the hospital,” he said, noting that 100 percent of patients on ventilators are unvaccinated.

Ireland said UMMC continues to partner across the RRH system and with other hospitals in the region to “work on any load balancing options that we can provide; in order to make sure that all patients in our region get care, regardless of where you seek that care.”

He added that 95 percent of RRH outpatient clinics are open, although he did say that wait times may be longer than normal.

Looking at specific areas of concern:

COMMUNITY SPREAD

Pettit said the number of positive cases have remained steady recently but are still too high, with 250 active cases in Genesee County and 334 active cases in Orleans County. Forty-eight of those are in the hospital (35 in Genesee and 13 in Orleans).

Over the past seven days, the positivity rate in Genesee and Orleans is at 12.5 percent and 12.2 percent, respectively.

As far as breakthrough cases are concerned (positive tests of those who are fully vaccinated), Pettit said the percentages are 30 percent in Genesee and 29 percent in Orleans – with these types of cases increasing over the past two months.

He urged those who have been vaccinated with Moderna or Pfizer at least six months ago and those who had the J&J vaccine at least two months ago to get a booster shot.

Pettit pointed out that most of the spread is from social gatherings "where there's prolonged contact indoors" and from those who think they just have a cold (due to it being cold and flu season).

"So, again, one of our messages we've said from day one is if you're symptomatic, stay home, don't go to work, don't go to school, stay home while you have the symptoms, get that test and verify," he said. "Regardless of COVID, we don't want to be spreading germs around."

COVID-19 TESTING

Pettit said that limited testing is being offered at both health departments by appointment, and that local pharmacies and urgent care centers also are providing testing.

He advised that home testing kits will become more prevalent as time goes on, and that GO Health is getting closer to accepting results of home testing.

“Ultimately, they are very accurate, if done properly. And a positive is a positive on those test kits. So, again, we'd encourage you to get those and use them if available,” he said.

Homebound individuals are asked to call their health departments (Genesee: 585-344-2550, ext. 5555; Orleans, 585-589-3278) to get on a list for a home visit.

OMICRON VARIANT

Pettit said the Omicron variant has not bee identified in Genesee or Orleans, but “that does not mean that it is not here, it just means that it has not been detected (yet).”

He said the new variant likely spreads more easily than the original COVID virus, very similar to how Delta (variant) spread a lot easier.

“The early indication is that the severity does not seem to be too bad again, but it is early and they're continuing to track that,” he offered.

CONTACT TRACING

For those in isolation or quarantine, responding to health department or New York State contract tracers is essential, Pettit said.

“I can't reiterate this enough,” he said. “We need folks to answer the phone; we need folks to engage with us during the process. Because if we don't, if we're not able to do the investigation, and we're not able to talk to you, to release you, we can't send the (release) letter.”

GUIDANCE IN SCHOOLS

Pettit said the collective goal is to keep students in school, and “this year, I think we've done a fairly good job of that.”

Per state mandate, masking continues to be required indoors at schools.

He said his department is talking with superintendents about new strategies, specifically Test to Stay and Test Out of Quarantine.

“There is a checklist and the schools have those and we are discussing how we can implement but ultimately they have to have a written plan around how they would implement these different approaches within their school system,” he said. “And one of the biggest barriers is that it has to be done equitable. We can't have this just for some kids and not for others …”

Editor’s Note: Batavia City School District closed all schools last Friday, Dec. 3, following the perception of threats of violence and after the distribution of student-created literature and a proposed walk-out at Batavia High School. Students wanted to bring awareness to bullying and their belief that district officials were not responding adequately to reported incidents of bullying. The district closed after reports of threats of violence at buildings in the district began circulating on social media. Per a press release issued on Dec. 2, District officials "worked in close collaboration with the Batavia Police Department and made the decision to close the schools out of an abundance of caution." Many parents posted comments on social media and responded to The Batavian’s request for interviews. Parents’ full names and their children’s names are not being used to protect their privacy. 

To read the response of school and district officials to the parents' complaints, click here.

Lidia’s Story …
She would often come home distraught after being verbally taunted at Batavia Middle School.

She would tell her mom that kids called her names and told her to “go back where you came from,” which prompted the teenager to ask why. Why should she want to go back to Texas, she wondered.

No, that’s not what the kids meant, her mom Lidia said. Being of Hispanic and Native American descent, Lidia’s daughter was instead being asked to go back to Mexico, Lidia said.

“She would come home crying, saying ‘I’m from here,’” Lidia said Sunday to The Batavian. “I just want (district leaders) to realize there’s a problem at school. There’s bullying everywhere, and maybe the teachers, the Board of Education, the principals will pay attention.”

Lidia’s family moved from Texas to Batavia six years ago. It was mostly in the middle school that her daughter suffered from name-calling with “racist and homophobic slurs,” her mom said. The teenager, who is also gay, required counseling, a prescription medicine for depression, and, at one point earlier this year, hospitalization for her compounding mental health issues, her mom said. 

When the verbal assaults continued, albeit not quite as harsh as in middle school, the current high school senior finally had enough. She and some friends decided to organize a walk-out, promoted with a flyer, and advertise the bullying wrongs in a pamphlet, both created by Lidia’s daughter. 

She asked her mom what she thought of the idea. It wasn’t just for Lidia’s daughter, but for those others she saw getting bullied as well with nothing being done by the school district. 

“Her biggest concern was a lot of people were getting bullied and no one is doing anything,” Lidia said. “They were alone in this; she felt that maybe having a walk-out might bring it to the attention of others. I told her to go ahead, and I was going to be there. She ruffled some feathers, she put a spotlight on it.”

The pamphlet’s cover page features a Batavia Blue Devil with “Batavia School Kills” at the top. It continues to state “Don’t tell us students to do better. Don’t try to place the blame on us. Staff Members are useless. They don’t care about us.”

Due to the use of students’ names throughout the pamphlet, The Batavian is not going to publish it here. Batavia city schools “allow racism, homophobia, sexism, and misogyny, but won’t allow our shoulders to be exposed,” it states. There are a number of alleged bullying scenarios described, including boys yelling homophobic comments, someone being screamed at to kill him/herself by another student, and using "nig- - -," "faggot" and "stupid Jew" to describe fellow students. 

There are some educational components of defining particular words, such as ableist, transphobic, racism, sexist and anti-Semitic. A couple pages have big bold letters asking “What the F- - -.”

Lidia’s daughter has been suspended from school for violating the Code of Conduct. She will receive tutoring at a site away from the high school for an indefinite period of time. Her mom is still waiting for instructions from the district administration. 

Holly’s Story …
Bullying with no repercussions seems to be a common complaint amongst parents and their children. Holly has two children in the district and one who graduated two years ago. The 10th-grader is bi-racial and diagnosed with autism spectrum. 

Bullying has driven her online, her mom says. 

As the victim of consistent racist name-calling — with no end in sight — the 15-year-old withdrew from the brick and mortar school in May and studies completely online now. 

“So a lot of people don’t know that I had been basically bullied out of school due to racism, being called names such as ‘nig- - -‘ and ‘monkey,’ she said in an online post provided to The Batavian by her mother. 

Although her daughter told teachers and counselors about the situation, she contends that the alleged bully remained in school with no apparent accountability, Holly said. 

“They were aware of it,” she said. “The situation continued.”

Her daughter ended up making some poor choices in response to the verbal attacks, her mom said, and is willing to face the consequences.  District leaders “were quick to give her suspension,” she said, but what about the other student?

“She continues to say things,” mom said of the alleged bully.

Both Lidia and Holly said that their children were offered a solution of removing themselves from the classroom and/or hanging out in a counselor’s office. Only problem with that was her child’s bully would sometimes also be in that counselor’s office, Holly said. 

She discussed the issue with district leaders in May and June of this year, without an acceptable solution, Holly said. And although she admits that her child is not perfect, she would like to see more being done to address bullying. 

“I think awareness definitely needs to take place,” she said. “My frustration is there’s a zero-tolerance policy.”

That means if two students get into a physical altercation, even if one of them was defending him/herself, that person could also get penalized. Holly feels that’s unfair.

“I think when these kids go to the teachers, there should be some kind of mediation between all parties involved,” she said. “Kids lose faith in the system if they’re going to teachers and nothing can be done. The BHS principal said that anyone who walks out will be suspended. Kids wanted to peacefully protest bullying. What’s being done about her being bullied?”

Regardless of district action, or inaction according to parents, both daughters weren’t going to wait around for someone else to help them. Lidia’s daughter drafted the printed literature to distribute, and Holly’s daughter created a petition at change.org.

The online petition, posted publicly by Ellie, has received 84 votes so far, with a total of 100 being sought. Her reason wasn’t “so much of being safe, but I’ll feel better as a person if I wasn’t attacked in school for my skin color,” she explained in the petition. She went on to request that “the student who has been racist to a lot of students at my school and me” be removed from school. 

“It’s not fair that students who have been attacked with racism by this person go to school and not know if this person is going to say those things again,” she said, adding that it’s not acceptable.  

Sherri’s Story …
For Sherri’s daughter, she opted to get physical. After dealing with a boy’s ongoing sexual harassment in her junior year, the girl slapped him in the face after first attempting to confront the bullying by reporting it to teachers, Sherri said. The end result was punishment for both sides. She got two days of in-school suspension and was suspended from school for one day. The boy was given two days of suspension. 

Sherri referred to a program that she believes isn’t being well promoted by the district. Sources of Strength, a peer-to-peer mentoring program, offers viable emotional support for troubled students, she said. Due to last year’s pandemic and kids staying home, this program isn’t well known in the district community, she said. 

Sources of Strength is a high school group with the message “We Belong!” It initiated a March 2021 campaign in the district newsletter. Sources of Strength is a suicide prevention program with approximately 70 BHS student members, called peer leaders, and six adult advisors, the newsletter stated.

Holly plans to keep her daughter out of school and online for the remainder of this year. She plans to wait and see “how this year plays out.”

“She is extremely bright and is doing higher-level classes at 15 … so she can get out of school as soon as possible because it is so stressful,” the proud mom said. “There are some good teachers there, some good people there, but all it takes is one rotten apple to spoil the bunch.”

Top photo: Batavia PD's resource officer worked at the school during the closure on Dec. 3 and another officer happened to be at the school at the time the photo was taken. Photo by Howard Owens.