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School board report: Consolidation plan update released

By Howard B. Owens

Report released by the city school district:

Highlights from the Batavia City School District Board of Education meeting on Feb. 6 include the following:

School Consolidation Update

On behalf of the BOE’s Buildings and Grounds Committee, Board Member Steve Mountain presented their completed feasibility study and a recommendation for consolidation of schools. The report also will be shared with the Budget Ambassadors as they review the district’s preliminary budget  and make recommendations to the board. The committee’s recommendation takes both fiscal and educational progress into account and includes:

-- Selling the Administration Building and relocating staff to available spaces around the District;
-- Utilizing the Jackson Elementary building for students in pre-kindergarten, kindergarten, and grade one;
-- Utilizing John Kennedy for students in grades two through four;
-- Placing grade five students at the middle school;
-- Revising the transportation policy so that all K-8 students who live farther than one mile from their school would be eligible for free busing; and,
-- Maintaining the Robert Morris building, making its classrooms and offices available for rental or lease.

Among the considerations behind their recommendation were the advantages of a “cluster model” for schools in which all students in a specific grade level are in the same building, providing for a more focused and deeper instructional plan. Research indicates that students benefit when curriculum is more consistent, and having all students of each grade in one building will facilitate this consistency as well as regular collaboration and sharing of strategies and resources. It also enables greater balance of class size as well as balancing concentrations of students with disabilities and economically disadvantaged students among classrooms.

While this cluster model would also describe the middle school, part of the recommendation is to have fifth-grade classrooms in a different part of that building, set off from the older students. Another suggestion is to create a house model --  a school within a school that has its own educational program, staff and students -- for both fifth- and sixth-graders. The study also noted several nearby districts which currently and successfully have fifth grade as part of their middle schools.

Jackson and John Kennedy elementary were designated as the sites for lower grades after all three of the current elementary buildings were analyzed in regard to number and size of classrooms, parking and parent drop-off/pick-up, bus loops, gymnasiums, cafeterias, library media centers, and size of the school grounds.

In regard to the finances, overall, the committee estimated an anticipated net savings in the first year of slightly more than $1 million. A reduction in staffing would have the greatest impact, followed by lower utility costs for the Robert Morris building. Relocating the Information Technology Department from the Administration Building, which involves moving the fiber optic cables that make up the district’s computer network, would be a one-time expense increase. This is recommended only upon the event of the sale or lease of the Administration Building, in which case the proceeds from the sale or lease could be used to mitigate the impact of the expense. Transportation costs would increase if more students become eligible and if those eligible students use district transportation, but, using current formulas for NYS transportation aid, approximately 90 percent of the costs would be returned the following year. 

BMS Comprehensive Educational Plan

More after the jump (click on the headline to read more)

Batavia Middle School (BMS) Principal Sandra Griffin presented highlights of the middle school’s Comprehensive Educational Plan (CEP), as mandated by NYS Education Department for all schools designated as being a School in Need of Improvement (SINI). BMS was classified as a SINI for not making adequate yearly progress (AYP) in meeting the higher proficiency targets in English Language Arts (ELA). While BMS has already begun implementation of practices to improve 
ELA proficiency, the CEP requires official board approval before being sent into the NYS Education Department.

The CEP includes three parts. Part I is a comprehensive school profile consisting of data on various topics -- such as enrollment, attendance, demographics, assessment data and survey results -- related to students, teachers, the district, the community, and the subject area of concern. Part II consists of the CEP team’s analysis of the data whereby patterns and root causes of low performance are identified and plans for improvement emerge. In Part III, the section for a detailed action plan, Mrs. Griffin highlighted two major strategies. First, the ELA staff will improve literacy instructional practices and make progress toward the college- and career-ready standard by more tightly aligning curriculum with the implementation of the Common Core State Standards in reading, writing, speaking and listening. Secondly, the BMS community will learn, practice, and model research-based literacy strategies by having all departments taking responsibility for improving student literacy skills and increasing opportunities for students to interact with informational text.

Mrs. Griffin stressed that utilizing data analysis, interim assessments, and an interdisciplinary approach while increasing the scope, span and rigor  of expectations will help more students reach the raised bar of achievement.

Superintendent’s Summary

In addition to other reports on various current district projects, Superintendent of Schools Margaret Puzio, briefly noted the following:

-- While the board had recommended a zero increase in the district budget for 2012-2013, so far, the preliminary numbers are at approximately a 3-4 percent increase, which reflects an approximate 5 percent increase in the tax levy. Budget Ambassadors will begin reviewing the preliminary budget this week, and their recommendations as well as those from administrative reviews will be forthcoming.

-- A committee of district employees representative of the variety of staff positions has come together to investigate ways to reduce health care costs in order to preserve more jobs and programs. Rising health care costs continue to be a great concern in budget projections.

-- The district is well on its way to implementing the new Common Core State Standards (CCSS) adopted by NYS in 2009. A recent training was held in Syracuse, and every department chair will be part of an upcoming district-wide presentation to staff on what and how CCSS are implemented.

School Board Association Awards

Superintendent Puzio formally thanked board members Patrick Burk and Amy Barone and congratulated each for receiving a Board Achievement Award from the NYS School Boards Association (NYSSBA). The NYSSBA’s School Board U recognition program is meant to acknowledge the extensive time and effort invested by members as they continually strive to expand their knowledge and skills for better board governance.

Update on Evaluation Procedure for Teachers and Principals

Deputy Superintendent Christopher Dailey provided an update on the emerging evaluation procedure for teachers and principals, noting that the State Education Department has requested permission to utilize pieces of our district plan as an example for other districts throughout the state.

The plan is in response to new legislation, first reported to the board by Puzio last fall (Nov. 1, 2011). At that time she noted:

-- Chapter 103 of the Laws of 2010 added a new section (3012-c) to the Education Law regarding annual professional performance reviews of all classroom teachers and building principals.
-- The new law applies first to all evaluations conducted by school districts on or after July 1, 2011, of teachers of “common branch subjects” (any or all of the subjects usually included in the daily program of an elementary school classroom) or English language arts or mathematics in grades four to eight, and principals employing such teachers.
-- By July 1, 2012, the process will be phased in for all classroom teachers and principals conducted by school districts or BOCES.
-- The new section of the law builds on current performance reviews, as opposed to replacing them.
-- The evaluations are intended to be a significant factor for employment decisions including but not limited to promotion, retention, tenure determination, and termination.
-- Performance reviews will yield a single composite effectiveness score (1-100) that incorporates multiple measures of effectiveness.
-- The measures used for scoring include student growth data on state assessments (initially 20 percent of the score, then 25 percent); locally selected measures of student achievement (initially 20 percent of the score, then drop down to 15 percent); and locally developed and negotiated criteria (for 60 percent of the score).
-- If a teacher or principal is rated as either developing or ineffective, the district must formulate and implement an improvement plan including such elements as the needed areas of improvement, timeline for achieving improvement, the manner in which improvement will be assessed, and differentiated activities to support improvement in those areas.
-- Districts must have an appeals procedure, established through negotiations, for teachers and principals to challenge their reviews.
-- This education law also establishes separate rules and for a Teacher Tenure Hearing related to charges of teacher or principal incompetence based solely upon an alleged pattern of ineffective teaching or performance (i.e., two consecutive annual “ineffective” ratings). In order to expedite the process of being able to remove an ineffective teacher or principal, the charges are to be heard by a single hearing officer within seven days after the pre-hearing conference and completed within 60 days thereafter. (A limited and time specific adjournment beyond the 60 days is available only if the hearing officer determines the delay is attributable to a circumstance or occurrence beyond the control of the requesting party and that an injustice would result if the adjournment was not granted.)

In a later update to the Board of Education (November 1, 2011), Mr. Dailey and Robert Morris Principal Diane Bonarigo outlined progress in working with the Batavia Teachers Association to determine measuring points and effective methods of evaluation for the locally determined 60 percent portion of the scoring measures. Utilizing ideas from the work two educational experts, Kim Marshall and Charlotte Danielson, Mr. Dailey and Mrs. Bonarigo presented a model that consists of approximately five annual, unannounced, mini-observations lasting 5-10 minutes, looking for evidence of “highly effective” to “ineffective” practices in three of the Four Domains taken from Danielson’s work: Planning and Preparation; Classroom Environment; Instruction; Professional Responsibilities. Then, within 48 hours, the principal would either provide written feedback, and/or have a conversation with the teacher to discuss that particular “snapshot” of teaching as well as invite the teacher to reflect.

The most recent report to the board included an update on the appeals process being negotiated, and on the 20-percent portion of the scoring measure. This portion of the measure is focused on defining the Student Learning Objective (SLO), which is particularly important for those subject areas in which there is no state assessment that can be used for teacher evaluation. Mr. Dailey outlined the five decisions that need to be effectively addressed before June 2012:

-- Assess and identify priorities and academic needs;
-- Identify which grades/subjects will have state-provided growth measures and which will require SLOs  as “comparable growth measures";
-- Determine district rules for how specific SLOs will get set;
-- Establish expectations for scoring SLOs and for determining teacher ratings for the growth component;
-- Determine district-wide processes for setting, reviewing and assessing SLOs in schools.

Booster Fundraising Proposals

Superintendent Puzio noted that, with the anticipated reductions in the number and in the scope of individual school programs, several parents have requested approval for forming booster groups to provide financial support for activities. Noting that difficult budget years are likely to continue, so too are these requests. As such, Mrs. Puzio suggested that the board consider formalizing a policy to handle such requests, and she asked for members’ initial thoughts and concerns. Some of the thoughts expressed by individual board members during this preliminary and exploratory discussion included:

-- The board should do whatever it can to preserve programs, including creating booster policies that would enable the preservation or support of activities;
-- A note that programs cannot become “pay to play” and that participation cannot become hinged on the ability to raise funds;
-- Any plan would need to consider the timeline for planning and scheduling (For example, any athletic group would need to be able to secure funding before the district could commit to scheduling competitions for the team.);
-- Breaking down all related expenses and forecasting the cost of activities could be burdensome;
-- Recently, some board members had expressed a concern about fundraising becoming too much of a burden for parents, yet this policy would likely increase the amount of fundraising that occurs.

Mrs. Puzio will consolidate the ideas and concerns in preparing a proposal for discussion next month at the March 26 school board meeting.

City council approves $1,500 annual raise

By Howard B. Owens

On a vote of 6-3 Monday night, the Batavia City Council approved a $1,500 annual raise for themselves.

Council pay will bump from $2,000 annually to $3,500.

It's the first pay raise for the council in 20 years.

New council members Brooks Hawley, Chris Doeringer and John Canale voted against the raise.

Statement from NIMH: Dr. Swedo has not seen patients, cannot confirm conversion disorder diagnosis

By Howard B. Owens

In previous reports. Dr. Laszlo Mechtler has said Dr. Susan Swedo has indicated she would issue a statement confirming the conversion disorder diagnosis for the Le Roy teens with tics.

We attempted to contact Dr. Swedo for such a statement and were referred to the press office for the National Institute of Mental Health, a government agency.

We just received the following statement from NIMH:

The information you have from Dr. Mechtler regarding Dr. Swedo is incorrect. Dr. Swedo has not evaluated any of the patients so therefore cannot confirm any diagnosis.

Another conversion disorder patient reported in Le Roy

By Howard B. Owens

A girl from Le Roy who is friends with five of the other girls who developed tic symptoms is now being treated for conversion disorder by the Dent Neurological Institute, according to Dr. Laszlo Mechtler.

That makes 19 official cases, with 17 of them being Le Roy High School students.

"Her parents agree with our diagnosis," Mechtler said.

He said there are possibly other doctors seeing other patients who do not want to go on the record.

With the aggressive media coverage and "continued hysteria" around the situation, Mechtler said, it's possible new patients may be afflicted, at least until the situation quiets down.

Mechtler recommended that any parents who are concerned their children could be susceptible to conversion disorder, "take away the social media and segregate them from friends who may be afflicted."

Car accident reported at Ellicott and Jackson, with injuries

By Howard B. Owens

An accident with injuries is reported at Ellicott and Jackson streets.

One person may have neck and back injuries.

City Fire Department and Mercy EMS responding.

UPDATE 8:48 a.m.: The scene is clear. No further information at this time. The vehicle had plates from outside the state.

Mechtler disputes PANDAS diagnosis for Le Roy girls seen by New Jersey doctor

By Howard B. Owens

It isn't surprising, according to Dr. Laszlo Mechtler, that a doctor from New Jersey who makes a living diagnosing PANDAS came to that conclusion today in the Le Roy illness case.

Dr. Rosario Trifiletti appeared on the Dr. Drew television show tonight and also released a statement saying that "five of eight girls show evidence of carriage of streptococcus pyogenes and seven of eight show evidence of infection with mycoplasma pneumonia."

"This is what everybody expected him to do," said Mechtler, who is part of the team at Dent Neurological Institute who diagnosed the girls with conversion disorder.

Mechtler added that Dent's physicians stand by their original diagnosis and added that other experts are ready to step forward -- including Dr. Susan Swedo, the first doctor to write about PANDAS -- to support the conversion disorder diagnosis.

"There are enough experts ready to basically dispute his allegations," Mechtler said.

In his statement tonight, Trifiletti expressly refuted the conversion disorder diagnosis.

On the Dr. Drew show, Drew Pinsky asked Trifiletti if he consulted with Mechtler, and Trifiletti said flatly, "no," and said there was no plan to consult with him.

In a tsk-tsk moment, Pinsky said it's bad for patients when "competing" doctors have differing opinions.

PANDAS is most often associated with what's called a "vaccine injury," when a child gets an infection from a vaccine. But Trifiletti made no mention of vaccines as a cause in either his appearance -- by phone -- on Dr. Drew, nor in his written statement.

"As with most illnesses, there is a complex interplay of genetic and environmental factors here," Trifiletti said. "As with all illnesses, psychological factors likely play some role as well. All we have done here is provided evidence for exposure to two infectious agents as potential environmental factors."

Prior to Trifiletti's statement, Mechtler predicted that Trifiletti would tie the infections to a possible environmental cause, calling it "dangerous" for the community.

"That he is saying this is a PANDAS weakness, related somehow to an environmental toxin, is only going to tie it back to Erin Brockovich," Mechtler said. "This diagnosis is going to be huge for these guys."

There are two views of Brockovich, Mechtler said. One is that she wants to do good for the community and the other is that maybe she's more focused on a lawsuit and making a name for herself.

Or, maybe, he said, the truth is somewhere in between.

"I don’t know her and I won’t judge her," Mechtler said "I want to think the best of people and believe the perspective that she wants to help these people. But if they say it's PANDAS and TCE, there's going to be lawsuits."

Trifiletti said his diagnosis didn't answer all of the questions people have, such as why now, why in this town, why a particular child and not another, but that "infectious exposure is simply 'the straw that broke the camel’s back.' "

On Dr. Drew he said, "I think (streptococcus) is one of the main factors and the most easily reversed factor. I already started talking to families about a treatment based on this."

Trifiletti said he was recommending a regime of antibiotics and anti-inflammatory agents, and Mechtler said the prescriptions will work for the patients, if they believe in Trifiletti.

He compared the treatment to a placebo effect and a religious ceremony. Since conversion disorder is a psychogenic illness, if the patients are hyped into believing a treatment will work, it will work.

And if that's the outcome, that's a good thing, Mechtler said.

"At the end of the day, all I want is to see the patients get better," Mechtler said.

Beth Miller, the mother of one of the original 12 girls, told Pinsky that it was easier to accept the PANDAS diagnosis than conversion disorder because her daughter, she said, is a normal, healthy girl who doesn't have any stress in her life.

Drew asked Miller about a series of operations she has apparently had and whether that was stressful for her daughter, and Miller admitted, "I'm still sick."  Pinsky then turned his attention to another guest on the show.

The state DOH report said all of the original 12 girls had suffered significant stress in their lives, and Mechtler said over the weekend that the stress for some of the girls at some point in their lives is "everything you could imagine and worse."

Mass psychogenic illness refers to passing of one symptomatic behavior from one person to another. While not all 12 girls originally knew each other, there is a chain of connection among all of the patients diagnosed with conversion disorder.

After the jump (click the headline to read more) is the full statement from Trifiletti:

I have now had the opportunity to review laboratory data collected in standardized fashion on eight of the nine girls I examined in Le Roy, NY, on 1/29/12. Five of eight girls show evidence of carriage of Streptococcus Pyogenes and seven of eight show evidence of infection with Mycoplasma Pneumonia. All eight girls tested show evidence of infection with at least one of these pathogens. Both of these agents have been associated with a PANDAS-like illness with the sudden onset of motor and vocal tics. Thus, a PANDAS-like illness is my working diagnosis, rather than a mass conversion disorder.

These findings provide a significant clue in the Le Roy High School mystery, but certainly many questions remain. Streptococcus Pyogenes and Mycoplasma Pneumonia are common pathogens that children throughout the world are exposed to every day. Why this town? Why this particular child and not another? Why such a curious presentation resembling Tourette syndrome? Until these questions are fully answered, the cluster will remain a mystery. I suspect that genetic, environmental factors provide an immune background where the PANDAS-like response is possible to common pathogens. The infectious exposure is simply “the straw that broke the camel’s back." However, the infectious exposure points the way to rational medical treatment for these children, which is of immediate importance. Such treatment, which involves antibiotics and anti-inflammatory agents, has already begun. Clearly, response to such treatment will be helpful in supporting my working diagnosis.

As with most illnesses, there is a complex interplay of genetic and environmental factors here. As with all illnesses, psychological factors likely play some role as well. All we have done here is provided evidence for exposure to two infectious agents as potential environmental factors. I would encourage efforts to further explore genetic and other environmental factors that likely are playing an additional role here.

RSVP of Genesee County marks one million hours of volunteerism

By Billie Owens

RSVP of Genesee County has reached a milestone -- one-million hours of free community service. Coordinator Dorian Ely made the announcement today.

The program’s volunteers, all aged 55 and older, have given a total of 1,007,797 hours of service. This translates into a contribution valued at $16.6 million according to the volunteer value rates set by the Independent Sector.

“We are fortunate in Genesee County to have so many individuals who want to give back to their community," Ely said. "This number is actually conservative; we know that many of the volunteers give more time than we are able to capture statistically.”

The RSVP volunteer placement program is part of the nation’s Senior Corps. It has been operating in Genesee County since 1985. The program places volunteers with more than 40 agencies countywide, matching their interests and talents with the needs of the organizations. The program currently has 425 active volunteers ranging in age from 55 to 96.

Ely noted that the program has changed through the years, moving from trying to be everything to everyone, to focusing on national social-impact areas such as aging in place, service to veterans, and disaster preparedness.

While there are many ways to serve, volunteers are currently needed to help senior citizens stay in their homes by providing medical transportation, friendly visiting, and delivery of library materials.

Coordination and administration of these programs are made possible by the Rochester Area Community Foundation’s Muriel H. Marshall Fund for the Aging, but they rely on volunteers to be an active part of delivering these services. Additionally, volunteers are being sought to become co-facilitators for Chronic Disease Self-Management Program (CDSMP) workshops.

For information on RSVP of Genesee County, Marshall Fund programs, or CDSMP, contact the Office for the Aging at 343-1611.

UMMC's laboratory awarded 'Gold Seal of Approval'

By Howard B. Owens

Press release:

United Memorial Medical Center Laboratory has earned The Joint Commission’s Gold Seal of Approval™ for accreditation by demonstrating compliance with The Joint Commission’s national standards for health care quality and safety in laboratories. The accreditation award recognizes United Memorial’s dedication to continuous compliance with The Joint Commission’s state-of-the-art standards.

The UMMC Laboratory underwent a rigorous unannounced on-site survey in the Fall of 2011. A team of Joint Commission expert surveyors evaluated the lab for compliance with standards of care that directly affect the quality and safety of diagnostic services and patient care.

"In achieving Joint Commission accreditation, United Memorial has demonstrated its commitment to the highest level of care for its patients," says Jennifer Rhamy, M.B.A., M.A., M.T. (ASCP) SBB, HP, executive director, Laboratory Accreditation Program, The Joint Commission.

"With Joint Commission accreditation, we are making a significant investment in quality on a day-to-day basis from the top down. Joint Commission accreditation provides us a framework to take our organization to the next level and helps create a culture of excellence,” said Mark C. Schoell, president and CEO of United Memorial.

“For our organization, achieving Joint Commission accreditation is a major step toward maintaining excellence and continually improving the care we provide.”

The Joint Commission has been evaluating and accrediting laboratory services since 1979. Today, The Joint Commission accredits almost 2,000 organizations providing laboratory services. This represents almost 3,000 Clinical Laboratory Improvement Amendment certificate laboratories, including independent reference labs and in vitro fertilization labs, and those connected with other health care organizations such as hospitals, ambulatory surgical centers and long-term care facilities.

The Joint Commission’s laboratory standards emphasize the results a laboratory should achieve instead of emphasizing the technical methods of performing testing, and were developed with input from professional laboratory organizations.

Joint Commission standards address processes that follow laboratory specimens -- from the doctor’s order into the laboratory, from specimen collection then back to the patient through result reporting -- focusing on the provision of high quality, safe laboratory services integrated with patient care.

These standards highlight the essential nature of laboratory services on the actual care and service delivery processes that contribute to and support the overall health care delivery system.

Hochul joins bipartisan House Dairy Caucus

By Howard B. Owens

Press release:

During a visit to Zuber Farms in Churchville today to discuss her opposition to burdensome government regulations for farmers --like the recently lifted ban on the wintertime application of manure -- Congresswoman Kathy Hochul announced she has joined the bipartisan House Dairy Caucus to better represent the farmers in New York’s 26th Congressional District.

“Dairy farms play an important role to the New York State economy, making up nearly half of our state’s $4.5 billion agriculture industry and yielding more than 12 billion pounds of milk annually,” said Congresswoman Hochul.

“Fighting against burdensome regulations, like the ban on the wintertime application of manure, and fighting to give them the workforce they need by supporting an expansion of a temporary guest worker program, are some of the reasons why I joined the House Dairy Caucus.

"We must continue to support commonsense initiatives that provide our farmers with the proper resources and right opportunities to grow and continue to be driving factors in the Western New York economy.”

With nearly 35,000 farms, most family owned, New York’s agriculture industry is one of the state’s largest small-business industries. New York currently ranks fourth in the nation in milk production and Wyoming County, in the middle of New York’s 26th District, leads the state with almost 200 dairy operations.

Congresswoman Hochul, along with Representatives Paul Tonko (NY-21) and Richard Hanna (NY-24), today sent a letter to Secretary of Agriculture Tom Vilsack commending him for removing the ban of the wintertime application of manure.

In October, representatives Hochul and Hanna introduced a bill that would allow dairy farmers to bring in temporary guest workers through the H-2A visa program to address their labor shortages. Currently, dairy farmers are unable to apply for H-2A visas due to the year-round production of dairy. 

Joining Congresswoman Hochul on the tour today at Zuber Farms were Kim and Eric Zuber, co-managers of Zuber Farms, Scott Page, president of the Genesee County Farm Bureau, and seven other local dairy farmers from throughout Western New York.

Kim is also the former president for the Monroe County Farm Bureau and a member of the Executive Committee for the New York Farm Bureau's Western New York Regional Advisory Committee. Eric is currently a member of the New York Farm Bureau.

Zuber Farms is a dairy in Monroe County, home to 1,000 head of young stock. The 10 farmers present today represented more than 10,000 head of cattle.

Country music's Ramblin' Lou Family Band and Canada's 'Polka King' to play at GCC

By Billie Owens

Press release:

The Genesee Center for the Arts is delighted to be welcoming the First Family of Western New York's country music scene, the Ramblin' Lou Family Band. Special guest will be Canadian "Polka King" -- Walter Ostanek.

They will perform at 3 p.m. on Sunday, Feb. 19 in the Stuart Steiner Theatre at Genesee Community College in Batavia. Those who love country-Western music should get their tickets soon since this one-show-only event will likely sell out!

Ramblin' Lou Family Band has delivered a lifetime of good country music, family fun and entertainment across Western New York and the nation to audiences of all ages. They have, in fact, become a mainstay at Erie County Fair playing for more the 45 consecutive years! They also draw loyal audiences to many other local events including Canal Fest, West Seneca Town Park, Cheektowaga Seniors, and countless festivals.

Self-taught Ramblin' Lou sings and plays guitar; his wife, Joanie, a trained and accomplished musician, sings and plays lead guitar, their son, Lou Jr., plays the drums, while daughter, Linda Lou, sings and plays the bass. Lynn Carol plays keyboards.

Together, their cheerful disposition and down-home friendliness can't be beat. Through their many years of performing, audiences have consistently remarked how joy and happiness radiate from this fun-lovin' family and their talented friends.

Ramblin' Lou (whose seldom-heard last name is Schriver), grew up in Tonawanda and fell in love with the beat and melody of country music when he was a boy. He and his granddad would travel around Pennsylvania on Saturday nights entertaining the locals at fire halls with square dances. At the age of 9, he got his first guitar. As a teenager he approached a local radio station about a live music show and his original 15-minute program eventually grew to three hours.

He now owns and operates WXRL-AM (1300) radio and tours national country music events. He is a member of the Country Music Hall of Fame in Nashville and the Broadcasters Hall of Fame. In addition, he and his wife are members of the "Walkway of Stars" in the Country Music Hall of Fame. Lou is also in Nashville's D.J. Broadcasters Hall of Fame.

Tickets are $10 for adults, $8 seniors (55+), $5 for GCC staff and high school students and $3 for GCC students. Don't wait long, tickets are going fast!

For ticket information or reservations, contact the Genesee Center for the Arts Box Office at 345-6814, or by email at boxoffice@genesee.edu. The Genesee Center for the Arts Box Office accepts cash, checks and credit cards. For door-to-door directions, sent via email, visit www.genesee.edu.

Executive director of local ARC chapter named Geneseean of the Year

By Billie Owens

The Geneseean of the Year for 2011 is Donna Saskowski, executive director of the local chapter of NY ARC. The Genesee County Chamber of Commerce made the announcement today.

Saskowski will be among the honorees at the chamber's 40th Annual Awards Ceremony on April 14 at the Clarion Hotel in Batavia. The other recipients were announced Friday.

She is renowned for her service to people with developmental disabilities, her leadership skills and commitment to community development. In addition, she is praised for her ability to forge partnerships and collaborations, strengthen existing services and integrate people with disabilities into the community, thereby maximizing their opportunities for full participation.

A lifelong resident of the Town of Darien, she received her bachelor's and master's degrees in Social Work from the University of Buffalo School of Social Work and has been on staff at Genesee ARC since 1989 and executive director since 2004.

Saskowski was named Social Worker of the Year in 2010 by the Western Division of the New York State Chapter of the National Association of Social Workers (NASW). In 2006, she was a member of the Community Health Foundation Leadership Fellows and she is a member of Leadership Genesee’s Class of 2005.

The other 2011 chamber award recipients (previously announced) are:

Business of the Year: Arctic Refrigeration Company of Batavia, Inc.  

Agricultural Business of the Year: Baskin Livestock, Inc.

Industry of the Year: Graham Corporation

Entrepreneurial Business of the Year: Adept Equipment Services

Innovative Enterprise of the Year: Palm Island Indoor Waterpark at the Clarion Hotel

If you'd like to attend the event, call Kelly J. Bermingham, at 343-7440, ext. 26, to make your reservations or with any questions you may have.

GCEDC releases follow up information on STAMP project

By Howard B. Owens

Press release:

Information addressing the comments of the Western New York Science Technology and Advanced Manufacturing Park (WNY STAMP) Final Generic Impact Statement (FGEIS) was discussed on January 26th at the Town of Alabama Fire Hall. Over 100 residents and interested constituents were on hand to receive an update on the progress of the WNY STAMP project.

A general overview of the project, the environmental review process, and responses to common topics from the Draft Generic Impact Statement (DGEIS) were presented by the GCEDC. Residents were given an opportunity to ask questions and provide additional feedback on the project.

On February 9, 2012 the GCEDC board, lead agency of the environmental review process, will consider a written findings statement for the WNY STAMP project. If the findings statement is approved, the environmental review process for the WNY STAMP project will be complete. At that point, the GCEDC will seek approval for the project from the Town of Alabama. The following steps will follow:

  • Negotiation and adoption by the GCEDC, and the Town of Alabama on an incentive zoning agreement that will provide relief from some of the Town’s zoning laws in exchange for amenities provided by the GCEDC to the Town.

  • Once the incentive zoning agreement is in place the Town of Alabama Planning Board and the Town of Alabama will begin consideration of the GCEDC’s application to rezone the STAMP site to a Technology Park and to amend the Town of Alabama Comprehensive Plan to address the STAMP project.

  • In conjunction with the Town’s rezoning process, the County Planning Board will hold a public meeting, review, and make recommendations to the Alabama Town Board on the rezoning application.

To further assist the Town with its decision-making process, a public opinion survey of the project will be distributed to the residents of the Town of Alabama. The survey will be conducted by a third party legal, and market research company that specializes in public opinion polling. The results of the survey will be presented to the Town for their consideration at the conclusion of the survey.

After the planning agencies return comments to the Town of Alabama, the board will hold a public hearing on the rezoning application. This public hearing will give the residents of Alabama another opportunity to comment, on the record, regarding the proposed rezoning of the WNY STAMP site.

Simultaneously, with the Town’s approval process the GCEDC, in conjunction with state and federal representatives, will continue to pursue funding sources that will be used in the event the STAMP project is approved by the Town of Alabama.

State Senator Michael Ranzenhofer and National Grid have, and continue to be of assistance to the GCEDC to obtain funding for this important project. Senator Ranzenhofer’s recognition of the regional impact of this project and his commitment to it are reflected in his recent state budget request for funding of the STAMP project.

This comprehensive environmental review process, as outlined in the State Environmental Conservation Law, is the same process that was conducted for the Genesee Valley Agri-Business Park in the Town of Batavia.

If, after careful review and consideration the Town of Alabama approves the GCEDC application to rezone the STAMP property, the GCEDC can begin to work with engineers to develop infrastructure plans for the site and strategically engage in a sales and marketing process to attract the first tenant to the STAMP site.

Hawley promoting tuition reimbursement for volunteer firefighters

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) is promoting a tuition reimbursement program for volunteer firefighters in Western New York. The deadline for the Firemen’s Association of the State of New York (FASNY) Higher Education Learning Plan (FASNY HELP) has been extended to Feb. 15, and the assemblyman believes it is a well-deserved benefit for Western New York’s courageous volunteers.

“I have always felt that the safety and security provided by our selfless, volunteer firefighters is a cornerstone of a strong community, and that it is our duty to thank and reward them for their sacrifice,” Hawley said. “FASNY HELP is a great way to show our appreciation for these brave men and women, and I hope that this program is a productive incentive in volunteer recruiting, because we truly can never have enough help at our local fire companies.”

FASNY HELP was developed as an incentive for people to serve in New York’s volunteer fire service. This program will provide tuition reimbursement to student volunteers allowing them to attain up to eighty (80) credit hours from their closest New York state chartered community college, or one located within 50 miles of their primary residence.

Under the FASNY HELP tuition reimbursement program, student volunteers will be eligible to have up to 100 percent of their tuition reimbursed in exchange for maintaining defined grades and fulfilling defined service requirements as a member in good standing in one of New York’s volunteer fire companies. There is no restriction on the type of academic course(s) the FASNY HELP student volunteer can pursue.

For more information, contact John D'Alessandro, FASNY deputy Volunteer Programs coordinator at 518-694-3136, or visit FASNY HELP on the web at http://www.fasny.com/index.php/membership/benefits/fasny-help.

Batavia couple sentenced in welfare fraud case

By Howard B. Owens

A Batavia couple who admitted to welfare fraud were ordered by Judge Robert Noonan on Thursday to repay the government $14,017.14 they stole by filing false reports.

They are also disqualified from receiving food stamps.

Joshua Carney, 34, will serve four months of intermittent jail time in the Genesee County Jail, and then be on probation for three years. His wife, Holly Carney, 29, will serve three years probation.

In November, both Joshua and Holly entered guilty pleas to offering a false instrument for filing, 2nd.

Joshua had been charged with nine counts of offering a false instrument for filing and one count of grand larceny, 3rd.

Holly had been charged with 11 counts of offering a false instrument for filing and one count of grand larceny, 3rd.

They were accused of submitting forms to DSS that failed to report Joshua's commission income from his employer.

The confidential tip line for suspected welfare fraud is 344-2580, ext. 6417.

Law and Order: Duo accused of conspiracy in scrap metal sale

By Howard B. Owens

Angelo A. Cassidy, 35, of Lewis Place, Batavia, and 59-year-old Charles R. Gay, of Hemlock Ridge Road, Medina, are charged with petit larceny and conspiracy, 6th. Cassidy was reportedly employed by a business on Angling Road, Corfu, and allegedly falsified a weight ticket, allowing Gay to collect  money for scrap that was not actually part of his load. Cassidy and Gay are accused of making an arrangement regarding the money. The case was investigated by Deputy Chris Parker.

Carolyn M. Hooten, 29, of 12 Myrtle St., Le Roy, is charged with DWI and several traffic violations. Hooton was stopped late Friday evening on Myrtle Street by Le Roy Police.

Mathew Duncan Brew, 33, of Freeman Road, Byron, is charged with DWI, driving with a BAC of .08 or greater and failure to yield right of way. Brew was arrested by Deputy Brad Mazur following a traffic accident at 9:24 p.m. Saturday at Route 262 and Bank Street Road.

Donovan Michael Zandi, 22, of Campbell Boulevard, Getzville, is charged with DWI and driving with a BAC of .08 or greater. Zandi's vehicle was reportedly found by Deputy Kevin McCarthy at 2:59 a.m., Jan. 26, on Countyline Road, Darien, with four-way flashers on.

Kara Ellen Wojkowski, 28, Hall Road, Holley, is charged with grand larceny, 4th. Wojkowski is accused of stealing a motor vehicle on Oct. 25. She turned herself in at the Sheriff's Office on a warrant for her arrest. Following arraignment in Byron, she was jailed on $2,000 bail.

Kathryn L. Johnson, 24, of 20 Hutchins St., lower, Batavia, is charged with two counts of criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, and unlawful possession of marijuana. Johnson was arrested following a visit by County Probation to her home and jailed on $1,000 bail.

Brockovich researcher said he feels obligated to finish what he started

By Howard B. Owens

Bob Bowcock, lead researcher for the Erin Brockovich team, said he feels like there are still too many unanswered questions for him to walk away from further investigation in Le Roy.

He's coming back, probably with Brockovich, the week of Feb. 20 to continue digging for information and possibly take part in a town hall meeting with Brockovich.

"I've got to finish what I started because there are basic questions that have gone unanswered," he said.

Bowcock said his biggest area of concern are the gas wells on school property. He hasn't been able to get basic information from the school district about the wells and the gas that's being used in the school.

"Is there mercury in the gas? I don't know," Bowcock said. "If there isn't, then case closed (regarding gas from the wells)."

He said one easy way to get the answer is to look at the MSDS (Material Safety Data Sheets), which he said are public record and should be kept in a binder at the school. So far, he said, the district hasn't been willing to share those sheets with him.

When a reporter asked Saturday about the sheets, Superintendent Kim Cox said the sheets would be posted on the district's website.

Cox also said gas from the wells isn't used in the high school. Rather, it is used at the other district buildings at Trigon Park and Wolcott Street.

Bowcock acknowledges the DOH report on the outbreak of tics among 16 students at the school included information on a search of published medical reports that found only one case of mercury-induced tics.

The main thing Bowcock said he wants to do is get answers to questions and provide the community with information.

"About 50 percent of what we do is point people in the right direction," Bowcock said. "About 25 percent is education and empowering people to ask the right questions."

As for looking for a reason to file a lawsuit, as some have speculated, Bowcock said, "That's just not what we do."

He also said during his entire career with Brockovich, they've never been involved in a lawsuit against a public entity.

"We go after polluters, and big ones," Bowcock said.

There are questions Bowcock would still like answered about the school, such as: Was fill dirt used? Is the school built on a swamp? (He hadn't seen The Batavian's report dispelling that myth.)

These questions could be answered easily by the school district if the district would just release the reports he believes are on file about construction of the school.

If fill was used, he said, there would be a report on the origin of the fill. There should be reports readily available on soil tests prior to construction of the school.

At Saturday's meeting, Mary Ellen Holvey, senior industrial hygienist for Leader Professional Services, said her team reviewed a Level 1 environmental report prepared prior to construction of the school.

That report is now available on the district website. The report confirms the school itself is not built on a swamp, but there were unregistered wetlands to the north and south of the site.

In 2000, when the report was prepared, no environmental waste was known to be within a one-mile radius of the site. And though there had been an oil spill at 9200 South St. Road, the DEC determined the spill was properly cleaned up.

The report found no preexisting environmental problems on the site.

Bowcock said he's still trying to gain permission to do testing at the school and said an assertion by Cox that Bill Albert, with the law firm Harris Beach, asked Bowcock for a sampling plan that he hasn't submitted was inaccurate.

Albert, he said, is supposed to get back to him on his request for "a seat at the table" with Leader on what testing should take place.

"We need to at least have conversation, or we're just shooting in the dark," Bowcock said.

He said one thing that has hampered his efforts is the media misreporting the purpose of this trip to Le Roy a week ago. He said he wasn't there to gather soil samples. He carried a spade just be able to move dirt, rocks and brush to make visual inspections. The purpose of the trip was to do a first reconnaissance on the topography and check sites of possible contamination that people recommended he check.

He took three water samples, he said, just because he had the kits with him and was given permission to take the samples, but that wasn't a primary part of his mission.

The Lehigh Valley Derailment Site is an example of the kind of site he was asked to check out, and though he doubts the site is connected to problems at the school, he wants to know more about it and more about the TCE plume created by the wreck.

He isn't convinced, he said, the plume is moving exactly as the EPA has described it. If he's right, there may be area residents who are on well water when they should be on municipal water.

"You've got the largest TCE spill in the federal system and they forgot about it," Bowcock said. "I realize they have 15,000 sites, so I could understand them losing a few, but not the big one."

While Bowcock isn't beating the drum for an environmental cause, he does want to ensure that all environmental causes have been ruled out.

He doesn't agree with Cox that an environmental cause wouldn't discriminate.

He noted that Brockovich is allergic to sulfur and has a reaction whenever they go onto sites with sulfur, but sulfur doesn't bother Bowcock.

While saying it is outside of his specialty to talk about medical conditions, he questioned Cox's expertise to make such a statement.

"Environmental things do discriminate and they discriminate based on our individual genetic makeup," Bowcock said.

And with that in mind, he said he wants to finish his work in Le Roy.

"I feel a responsibility to close it properly," Bowcock said. "If it takes six days, six weeks or six years, it is what it is."

More documents from the school district:

UPDATE, Monday, Feb. 6, 12:56 p.m.: Le Roy Superintendent Kim Cox emailed the following response to Bowcock's statements. These two paragraphs are from an email discussing other matters.

I also wanted to clarify some misinformation contained in your recent article. Mr. Bowcock has contacted the District only twice, once through Bill Albert with a voice mail after hours on Wednesday evening and Bill responded on Thursday. At that time, he was invited to submit his work plan for testing and told it would be passed on to Leader, our environmental consulting firm, to take under consideration. Mr. Bowcock told Mr. Albert that he would not submit a work plan.

The second contact by Mr. Bowcock was a letter sent to me through an email late Friday afternoon requesting permission to attend our community meeting on Saturday. I responded through an email that he was welcome to attend the meeting, and I also let him know that I understood he declined to submit a work plan but if was reconsidering to let us know.

He obviously chose not to attend our meeting and I have not heard from him since that time. To be clear, he has not made any additional requests for information from the District, so I am puzzled by comments that he made to you that the district has been unwilling to share the MSDS sheets with him.

As we stated in our community meeting when asked about the MSDS sheets, we said we would post them to our website. Because we are required to maintain MSDS sheets for 30 years, there are many documents. We are working as quickly as we can to sort through those documents to separate the ones related to the high school so people have the relevant information. These will be scanned and posted as soon as that process is completed. In addition, these documents are public record so anyone who chooses can request seeing all of the MSDS sheets.

UPDATE Monday, Feb. 6, 1:36 p.m.: Bob Bowcock released a letter he's written to Kim Cox (PDF). (Note: this actually arrived in my inbox before Cox sent the email referenced above, but I didn't notice it until after posting the above update.)

Shed fire reported at residence on Bank Street Road

By Howard B. Owens

A shed fire is reported at 7786 Bank St. Road.

A chief on scene reported a full involved fire in a 10x10 shed about 15 feet from a house.

Town of Batavia Fire Department is responding.

UPDATE 5:01 p.m.: The fire is burning itself out and the house is not threatened. Engines can continue response non-emergency.


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Photos: Youths spotted on roof of industrial building

By Howard B. Owens

Around noon, Batavia police received a report from an area resident of youths on the roof Excide Battery / Yancey's Fancy building on Ganson Avenue.

When police responded, they spotted people apparently trying to hide from officers.

Two officers found a way on the roof, located the boys and held them until city firefighters could respond with Ladder 15. (It's apparently easier to get on the roof, than off.)

Police said the teens would be taken back to the station, their parents called, questioned, and then they would decide whether to charge them with trespass or just turn them over to their parents.

In all, six boys age approximately 14 or 15 to 16 or 17, were involved.

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AUTOMOTIVE MECHANIC CITY OF BATAVIA SALARY $25.54-$30.08 DISTINGUISHING FEATURES OF THE CLASS: Assignments in this Class require the exercise of specialized skills in tasks pertaining to the maintenance and repair of a wide variety of machinery and equipment used in public works activities, as well as to other vehicles owned or operated by the municipal employer. In smaller agencies, an Automotive Mechanic may exercise a degree of supervision over assistant mechanics or Equipment Operators performing minor maintenance and repair on equipment, with general supervision being received from a supervisor, superintendent, or other such official or designee. Does related work, as required. TYPICAL WORK ACTIVITIES: Repairs motorized and non-motorized equipment, such as trucks, tractors, mowers, graders, loaders, sweepers, rollers, compressors, and automobiles; Adjusts, repairs, and rebuilds gasoline and diesel engines; Repairs and replaces components of equipment, such as suspension systems, drive assemblies, brake systems, fuel systems, electrical systems, and cooling systems, and makes necessary adjustments to same; Carries out sanding, sandblasting, filling, painting, and related body-work tasks; Makes minor welding repairs; Operates drills, grinders, and other metal-working machines related to automotive repair functions; Performs preventative maintenance tasks which may include vehicle inspections; Attaches and removes snow plows, blades, and other attachments for motorized equipment; Maintains records of tasks performed, and other pertinent records; Requisitions parts and materials, to ensure adequate supply to maintain workflow; Acts as Equipment Operator, or wingman, as directed; May drive buses, cars, or trucks; May deliver fuel to job sites; Keeps shop area neat and clean. The above examples of duties are intended only as illustrations of the various types of work performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITY AND/OR PERSONAL CHARACTERISTICS: Thorough knowledge of standard automotive repair and maintenance methods; thorough knowledge of automotive repair terminology and tools; working knowledge of welding techniques; ability to make difficult repairs to heavy automotive and other mechanical equipment; ability to work from plans and specifications, and to follow rough draft sketches and oral instructions; good motor and hand eye coordination; manual dexterity. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is occasionally required to reach with hands and arms. The employee constantly is required to stand; walk; and use hands to finger, handle, feel or operate objects, tools, or controls. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; and talk or hear. The employee must occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee is frequently exposed to wet and/or humid conditions. The employee is occasionally exposed to risk of electrical shock. The noise level in the work environment is usually moderate to loud. MINIMUM QUALIFICATIONS: One year of full-time paid experience as a skilled automotive repairman. SPECIAL REQUIREMENTS:  Some jurisdictions may require appointees to receive and maintain certification as a NYS Motor Vehicle Inspector, within six months of appointment. SPECIAL REQUIREMENT FOR APPOINTMENT AND CONTINUED EMPLOYMENT: 1.     Possession and maintenance of appropriate valid license(s), as required. 2.     In school districts where incumbent may operate a school bus, possession of a valid appropriate level New York State Driver's License is required. 3.     Drivers must be at least 21 years of age. NOTE:  In addition, candidates must satisfy the requirements for School Bus Driver set forth in the Rules and Regulations of the New York State Commissioner of Education. Non-Competitive Class Civil Service Applications are due to Human Resources no later than October 18, 2024.
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