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BREAKING: Batavia Town Board votes to opt out of cannabis retail dispensaries, consumption sites

By Mike Pettinella

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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

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Genesee County Legislature OKs vaccine marketing campaign with Rochester organizations

By Mike Pettinella

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.

 

Pembroke Veterans Outreach Club recognized for support of Wreaths Across America

By Howard B. Owens

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The Pembroke Veterans Outreach Club was recognized today by the Hiram G. Luhman Post 626 of the American Legion for their efforts to support Wreaths Across America.

The club raised $2,300 for the organization by selling 470 wreaths in support of service at the WNY National Cemetery in Pembroke on Saturday.

At the event, family members of servicemen and women, among others, will be laying wreaths on the graves of veterans and spouses. The event is open to the public and begins at noon (recommended arrival time, 11:30 a.m.) Speakers include David Bellavia, Medal of Honor recipient, Rep. Chris Jacobs, and Assemblyman Stephen Hawley.

Ed Mileham, far right, presented the club with a framed letter of appreciation from the Legion.

Previously: Wreaths Across America comes to Genesee County to honor veterans

 

City awarded a $1 million grant to fund bulk of Jackson Street water line replacement project

By Mike Pettinella

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).

 

Local justice presents Commercial Motor Vehicle Safety Education to Arizona courts

By Press Release

Press Release:

Commercial Motor Vehicle and Commercial Driver’s License Safety continue to be focal points for judicial education throughout the country. Most recently Darien Town Justice was invited to speak to approximately one hundred members of the Arizona judiciary in Phoenix, Arizona on December 3, 2021. Ensuring the public’s trust and confidence in the courts is vital to the existence to our courts that are often referred to as the “Courts Closest to the People. Each judge handling traffic court cases must be extremely aware how the federal law is adopted and applied by the states. Stakeholder responsibilities can often be treated as an ordinary traffic case which can lead to more serious consequences. Reduction of commercial vehicle crashes continue to be the main mission of this program. Justice Graber, a member of the faculty at the National Judicial College, Reno, Nev., has been routinely lecturing and writing on these subjects to criminal justice personnel both within New York and throughout the country since 2008.

 

 

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Picture: (Left) Hon. Gary A. Graber, Darien Town Justice, (Center)Hon. Barbara Brown, Justice of the
Peace/Magistrate, Mohave County/Colorado City North Canyon Consolidated Court, Arizona and Nevada
Commercial Motor Vehicle Enforcement Officer James Farley (Right)

Giving to others keeps quilters connected

By Press Release

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Press Release:

In this second pandemic year, members of the Museum Quilt Guild, Batavia, NY, have again donated holiday themed bags filled with gifts to the local Salvation Army. Using a list provided by the Salvation Army, bags are filled with items for children ranging from infants to 15 years. In 2020, the total was 65 filled bags and over 100 empty bags for their use. This year, there were 64 Bags filled, 32 empty gift bags for their use, and 18 stuffed bears. Captain Rachel Moore, who accepted the donations said the teddy bears would be perfect gifts for the infants.

Giving to the community has always been a big part of the Guild’s activities. Since March of 2020, it has been a great way for members to stay connected. The guild was unable to meet in person for 15 months due to the coronavirus pandemic. “At first, as so many of us did, we all figured once the ‘Pause’ in New York ended, we’d get right back to our regular meeting schedule,“ said guild president, Martha Lorshbaugh. But as a couple of weeks turned into months, they realized they would need to find a different way to maintain their connections. One of the members who is an elementary school teacher had become somewhat of an expert at running Zoom meetings, so she took on the role of host for the members to meet virtually. In addition to the monthly meeting, sessions were added for members just to chat, called “friendship meetings.” Many did handwork as they chatted, so work sessions to share the “Community Service” projects they were working on were added. The community service committee arranged for members to pick up kits and supplies for these projects, and then drop off completed items. Many organizations were not collecting donations in 2020, but having all these items ready allowed the guild to provide many items when restrictions were lifted. This year the guild has donated quilts to provide comfort to individuals being served by the following organizations: the VA Medical Center in Batavia (19), NYS Home for Veterans (5), WNY Foster Closet (10), Lipson Cancer Center (10) and All Babies Cherished (2).

In addition to quilts to be used by individuals, the guild offers quilts to be used for fundraising by local organizations. In 2021 this has included one donation each to the Caledonia Library; Gateway Hospice, Attica; Presbyterian Church, Batavia and The Genesee Orleans Arc. Members are happy to fill needs other than quilts. Twenty-nine patients undergoing treatment for breast cancer at Roswell were also gifted with heart pillows to aid in their comfort and recovery.

The guild resumed in-person meetings last summer, meeting outdoors for the summer months. At that first meeting, many quilts were presented to be donated. In October, the guild was finally allowed back to their regular meeting space at the VA Medical Center. At each meeting, at least one item is presented at “Show and Tell” that will be given to the community service committee. “Quilters like to keep busy and knowing our work will give comfort to someone in need is a very good feeling!” said Ms. Lorshbaugh. The guild holds regular Community Service work sessions each year at their monthly meetings for the purpose of working on projects for donation. The next one will be in March of 2022. Organizations may make requests to the guild via our website: www.themuseumquiltguild.com, or Museum Quilt Guild, PO Box 268, Batavia, NY 14020.

The Guild is also excited to be able to invite the public to view our exhibit of “challenge” quilts at the Richmond Memorial Library in February. This had been annual exhibit until last year, so members are looking forward to another step towards a more predictable event calendar. New members are always welcome in the guild! Meetings are held the third Saturday of every month (second Saturday in December) at the VA Medical Center, 222 Richmond Avenue, Batavia, NY (Bldg 4, 2nd floor- use the patio entrance). Meetings begin at 9:30 a.m. You are welcome to attend two (2) meetings as a guest. If you decide to join, dues are $20.00 per year.

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Le Roy's numeracy coach finds creative ways to get students thinking about numbers

By Howard B. Owens

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A rekenrek is a tool to help elementary-age children build a better sense of numbers, Stacie Wilson, the new numeracy coach in Le Roy Central Schools, explained to the Board of Education on Tuesday evening.

Students use it to help them grasp the concept of how numbers work together.

For example, take the number seven, if students are told to arrange the pieces on the rekenrek into groups that ad up into seven, they might move four pieces on one line and three on another, or two and five, or one and six, etc.

There is no wrong answer, said Wilson (top photo), which both helps students see how numbers work together and develop confidence in thinking about numbers.

The rekenrek, similar to an abacus but it is not based on place value columns, is just one tool to help students grasp a better concept of numbers.  

Wilson also uses, for example, a jar filled with items -- changed regularly -- that encourages students to guess how many of those items are in a jar.

"(These things) help students generally understand numbers and how numbers work and connect," Wilson said. "They can place values on things and it weaves into so many connections they will make through the years."

Teachers engage students in math classes in "number talk," Wilson said, so they can better grasp the concepts of numbers. They can develop flexible thinking about numbers, especially through us of the rekenrek where numbers can be combined visually in multiple ways to create new numbers.

"Some students are more resistant to math and they fear the wrong answer," Wilson said.  "This allows all kids into the experience and allows for them to really push their thinking about numbers."

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Newly appointed trustee Jason Karcher.

COVID-19 protocols at Le Roy schools working, superintendent tells board

By Howard B. Owens

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.

 

Town of Oakfield to pay $49,000 for fire protection from village; decides to put contract dispute on hold

By Mike Pettinella

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

Batavia man convicted of attempted murder sent to prison for 15 years

By Howard B. Owens
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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.

Semi-truck fire reported on Thruway in Le Roy

By Howard B. Owens

A fully involved tractor-trailer fire is reported on the Thruway in the area of mile marker 384 in the westbound lane.

Le Roy Fire is on scene.

The cargo is unknown at this time. 

Dispatchers received multiple calls about the fire.

UPDATE 12:46 p.m.: Town of Batavia requested to the scene.

UPDATE 12:54 p.m: Batavia and Bergen can go back in service. Fire is knocked down.

Le Roy cross country team honored at board meeting for first sectional title

By Howard B. Owens

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The Le Roy HS boys cross country team did something no other cross country team has done in the history of the school this season: won a Section V title.

The team was honored at the start of the Le Roy Central Schools Board of Education meeting on Tuesday.

The team consisted of Erik Schwab, Aiden Soggs, Ian Kepple, James Blake, Cole Friedhaber, Kyle Northrup, and Andrew Greene.

Schwab had a fourth-place finish in the championship race and Soggs finished 8th.

In the girls' race, Charlotte Blake finished second overall, claiming her third sectional patch in the sport. She is one of the most decorated cross country runners in school history.

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Erik Schwab, Andrew Greene, Ian Kepple, James Blake, and Charlotte Blake. 

DiRisio's hat trick powers Batavia ND over WFL, 10-1

By Mike Pettinella

Updated 10 a.m.:

Senior winger Vin DiRisio registered a hat trick Tuesday night – with all three goals coming in his team’s six-goal second period – to lead Batavia Notre Dame United to a 10-1 victory over the WFL Panthers in Section V hockey at the Geneva Recreation Complex.

DiRisio upped his season total to nine goals, one behind senior line mate Gavin Schrader, as United raised its record to 3-2.

Last night, United unleashed 49 shots at a pair of WFL goaltenders – scoring twice in the first period, breaking the contest open with six in the middle period and twice in the third period. United goalie Courtney Schum stopped 21 of 22 shots, yielding WFL’s only goal early in the second period that cut BND’s lead to 2-1.

Senior Zack Eschberger, center on the first line with DiRisio and Schrader, returned to action and promptly put the visitors on the board at 3:54 of the first period, with assists from Schrader and junior Ronin Hofmaster.

"It was great having our co-captain Zack Eschberger back in the lineup for the first time this season," Coach Marc Staley said. "He gave us a really nice boost offensively with his energy and speed."

Schrader made it 2-0 eight minutes later on a power play goal with Hofmaster and DiRisio assisting.

Following a goal by the Panthers’ Lucas Springer early in the second period, BND took control with six goals over the next 11 minutes – the three by DiRisio and one each from Hofmaster, freshman Brady Johnson and Eschberger. Jameson Motyka had three assists and Noah Hudson two.

Schrader and Motyka rounded out the scoring with goals nine seconds apart in the first minute of the third period, with Eschberger and Johnson assisting, respectively.

"We controlled the puck very well as a team last night and our offense clearly can be lethal," Staley said. "There are still a number of things we need to tighten up on, however, in transition and in our own end." 

For the season, Schrader has 10 goals and 10 assists, DiRisio nine goals and seven assists, Hofmaster five goals and seven assists, and Motyka four goals and seven assists.

Staley said his team will have to be sharp against strong competition at this weekend's Dave McCarthy Memorial Christmas Tournament at the Batavia Ice Arena.

"The Dave McCarthy Memorial Christmas Tournament has a great tradition of bringing in some of the best teams in the state. With Fulton, Webster Schroeder, and Bishop Timon coming in, I expect some great hockey to be played."

On Friday, Bishop Timon takes on Webster Schroeder at 6 p.m. and Batavia Notre Dame will face off against Fulton at 8 p.m. On Saturday, the consolation game is at noon and the championship game is at 3 p.m. Admission for all the games is $5 (the charge for seniors is $3). There is no charge for those 18 and under.

Committee makes annual quiet appeal for 25 Neediest Fund

By Joanne Beck

Established to assist students in Batavia City School District, the Twenty-five Neediest Children's Fund is a cause that’s been around since the 1930s, and fund committee members are hoping the community will continue its compassionate streak of generosity this year, fund committee member Nann Zorn says.

“We’d like to have enough money to carry us through the whole year,” Zorn said to The Batavian Monday. 

The Twenty-five Neediest Children's Fund uses monetary donations for the assorted needs of Batavia City School District students. Those needs include everything from medical and dental care, prescription drugs, clothing, shoes and sneakers to eye exams, glasses, counseling, and other educational needs. It is nicknamed “The Quiet Fund” because it arrives without fanfare in a yearly one-time appeal seeking community support. An effort meant to benefit local children as soon as their needs are identified, it is “a true charity in every sense of the word,” committee members said in a letter issued to The Batavian.

Contrary to many other fundraisers, this one pours all donations back into the needs of district children, Zorn said. There are no administrative costs and 100 percent of the donations received are used for the benefit of children in need. 

“Every gift is a gift of love and is an affirmation that no child should go without,” the letter states.

The fund stems from The Great Depression, an era when parents couldn’t even afford their child’s overnight stay at the hospital. School nurses noticed that some children were “falling through the cracks” when their needs of eye glasses, dental work or minor surgery went unmet. At that time, the cost for a child having his/her tonsils removed was $7.50 per each night’s hospital stay, which many families could not afford. Physicians waived their fees for the medical procedure, but that overnight fee proved to be too steep for some families to proceed. 

It was out of that tremendous need that the Twenty-five Neediest Children's Fund grew into existence, Zorn said.  

“Ever since, this fund has assisted children in the Batavia City Schools in complete anonymity.  No family or child is ever identified to us by name, as to preserve the dignity of the family,” the letter states.

Even though it was initially intended to help out 25 of the most needy children, the fund’s scope has become unlimited to include as many of them as possible, Zorn said. Over the years “hundreds and hundreds” of children have received assistance, she said. 

As students’ needs are identified by teachers, their school nurse, or district social worker Julie Wasilewski, the concerns are conveyed to registered nurse Nancy Haitz of the district’s Office of the Coordinator of Health Services. Haitz contacts the child’s parents, and if it is determined that they are in need of assistance, the Twenty-five Neediest Children’s Fund steps in to help. The parents then select what care is to be provided, and by whom, in order to provide a remedy.  Bills are then submitted to the Fund for payment.  There is no red tape, no publicity, and there are no strings attached, as the only purpose is to serve the child in need.  

Anyone interested in contributing to this fund may make their check payable to: Twenty-five Neediest Children’s Fund, Inc., care of Nann K. Zorn, 12 River St., Batavia, NY, 14020.  

To assist a child and their parent in this way “is a wonderful and immeasurable gift,” committee members said.

“On behalf of the children and their parents, helped by your generosity and gifts of love, we extend to you a most sincere thank you and warm holiday wishes,” signed by the Twenty-five Neediest Children's Fund Committee members Sara Zorn Schroeder, Nancy Arras, Benjamin J. Bonarigo, Nancy Haitz, Virginia Tiede and Nann K. Zorn. 

 

 

Batavia man admits to rape and sexual abuse in County Court

By Howard B. Owens

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.

Challenging six-month term comes to a close for interim superintendent at this week’s board meeting

By Joanne Beck

After enduring a pandemic, severe building damage due to strong winds, a student’s death, and complaints of unresolved bullying At Batavia City School District, Scott Bischoping’s second time around as interim superintendent is coming to a close.

The district’s Board of Education is expected to vote this week on a reorganizational move to change superintendents effective Jan. 3 of next year.
Bischoping took over the interim role during the summer after former administrator Anibal Soler Jr. announced he was leaving in July. 

The board had recently agreed to hire Jason Smith as the new superintendent, which would make this December board meeting the last one for Bischoping. It’s set to begin at 6 p.m. Thursday in the high school’s library, 260 State St.

Other votes include contracts with Batavia Teachers’ Association, Batavia Agri-Business Child Development Program/ABCD Migrant Head Start, Elba Central School, Batavia Clerical Association, and the city school district’s executive director of Curriculum and Instruction.

BTA’s contract is up in July 2022 and a renewal would extend the agreement until June 30, 2026. The district’s contract with Batavia Agri-Business is for one year, from Feb. 1, 2022, to Jan. 31, 2023, and an agreement with Molly Corey of the Curriculum and Instruction Department would go from July 1, 2022, through June 30, 2025.  Elba Central School’s agreement is for a 12:1:1 special needs program. 

The meeting includes time for the public to be heard before a slate of presentations and votes on consent items. 

Director Robert Conrad is to provide an update about Richmond Memorial Library; Kylie Tatarka, a student representative on the board, is to give the student ex-officio report; and Bischoping is to review an update as interim superintendent. 

Budget transfers, grant applications, appointments of new physical education, social studies and substitute teachers are also up for approval, as well as My Brother’s Keeper facilitator; six teacher aides; each of a high and middle school bus supervisor, and an agreement for professional services with Kimberly Gingrich MA/AC and the district for bilingual psycho-educational evaluations and additional social-emotional or adaptive assessments effective retroactive to Nov. 18, 2021.

The meeting will be live-streamed via YouTube.com

Notre Dame, Elba comes down to final shot giving Irish 29-27 win

By Howard B. Owens
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During the first have of the rival match-up between Notre Dame and Elba at Notre Dame, the Lady Lancers looked like a team rebuilding after losing four starters from last season's championship squad.

Elba trailed 17-8.

In the second half, the Lady Irish were outscored 19-12.

It wasn't enough for Elba, though, after Avelin Tomidy hit a game-winning shot with about 15 seconds left in the game.  Elba wasn't able to answer and Notre Dame celebrated a nail-biter of a victory.

Tomidy finished with nine points. Maylee Green lead the Irish with 14 points.

For Elba, Laci Sewar scored 10 points.

O-A beats Pembroke 74-46

By Howard B. Owens

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Oakfield-Alabama beat Pembroke 74-46 on Monday night.

For the Hornets:

  • Gaige Armbrester, 19 points, 7 rebounds, 5 assists, 2 blocks
  • Kam Cusmano, 18 points, 7 rebounds
  • Kaden Cusmano, 10 rebounds, 7 assists, 2 blocks

For Pembroke: 

  • Cayden Pfalzer, 19 points
  • Tyson Totten, 14 points

Photos by Kristin Smith.  For more, click here.

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Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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