A school bus was reportedly rear-ended by a vehicle at the railroad crossing on Route 63 in Pavilion.

Minor injuries are reported.

Pavilion fire and Mercy EMS dispatched.

UPDATE 8:12 a.m.: Mercy EMS can respond non-emergency. One Mercy rig is back in service.

UPDATE 8:33 a.m.: Pavilion is back in service. Mercy EMS is transporting patients to Strong hospital.

A number of parents in the Alexander Central School District are unhappy with how some disciplinary issues are being handled and are speaking out at school board meetings, expressing frustration that district administration is, in their views, failing to meaningfully meet the requirements of safety and Code of Conduct policies.

The school board, and Superintendent Catherine Huber, for their part, are trying to limit what parents can tell them about their concerns and how Huber and her staff have responded to specific complaints.

Attempts to interview a board member or any board members after a meeting Monday night were rebuffed and a reporter was told only Huber could speak for the district or the board.

"Student safety and student well being is our top priority," Huber said that night. "Every parent who approaches the board or any administrator in the district, their concern is heard."

She would not comment further, she said.

Asked if based on parental feedback there was any need to make policy changes, all she said was, "I can tell you our Code of Conduct is updated on an annual basis."

Board President Reed Pettys was not present at the meeting. Reached the next day by email, Pettys issued a statement (copied in full at the bottom of this story) and said he could not and would not comment on specifics.

At a March 28 meeting, a mother of an elementary school student, Liz Felski, spoke during the public comment period and told the board a child in her daughter's class was continuously disruptive.

After mentioning she is an Alexander alumna, she said, "So you cannot imagine how disappointed I was when my daughter came home and said she was terrified to go to her class. She has encountered many violent disruptions in class, including hitting and kicking..."

At that point, Pettys cut her off and said she couldn't talk about specifics in a classroom.

Felski, herself an educator with a docorate in education (Ed.D.), then cited the Code of Conduct's language on providing a safe and orderly school environment. 

She said she doesn't believe the Code of Conduct is being followed.

"My daughter has told me her class is disrupted five or six times to redirect and get them focused," Felski said.

Felski's remarks were captured on an iPhone recording of the meeting provided to The Batavian by another parent.

"After I conveyed my concerns to Dr. Huber, she said all she (Felski's daughter) was entitled to was an education and this would be in a classroom."

Pettys interrupted her remarks again and said Felski could not mention specific individuals.

After some cross talk, Pettys said, "This is public comment and I understand there are emotions behind your thoughts. Talking about our policies is appropriate. We can’t speak to specifics in the classroom."

Felski responded, "I'm talking about my daughter's comments to me. I’m not talking about a specific student. I’m talking about what my daughter is witnessing in a classroom on a day-to-day basis."

Pettys told her specific issues should be taken up with the administration. A parent in the audience said, "they were repeatedly ignored."

Pettys said, "We are a policy-making board."

The audience member said, "We know your policies and we don't believe you're following them."

Felski tried to continue her statement and was admonished by Pettys again not to discuss classroom specifics.

"That is something to be addressed with the superintendent or the administration," Pettys said.

A parent in the audience said, "If they don't respond?"

Pettys said, "This isn’t a discussion. We’re just here to listen. This back and forth is not what it is intended for."

At which point he called another parent to the podium, who also raised concerns about student safety and the Code of Conduct. Then another parent spoke.

"Many parents are worried on a daily basis about some things that are occurring," said the mother whose name wasn't clear on the recording. "Hopefully, we can all work together to improve on the policies so they make sense for everybody."

After her, another mother spoke who said her child was also in the elementary school and she was very worried about the safety of her child.

Before Felski spoke, another mother addressed the board and laid out at least a half dozen proposed policy changes.

None of these suggested changes were captured in the board minutes, so as to give the board a better chance to consider them and discuss them at a later date.

At Monday's meeting, among the speakers was Jerome Morrison, father of Liz Felski, who said he was speaking on his daughter's behalf after she left the previous meeting in tears because she was repeatedly interrupted at the March 28 meeting and wasn't allowed to finish her statement.

"She is as well qualified as anybody in this room and she was treated like she doesn’t belong," Morrison said.

He said he didn't think the district was being responsive to the concerns of parents.

"When you refuse to grant meetings to concerned parents, or do not respond to emails, and threaten teachers and staff members about speaking out ,and cut people off who are trying to voice serious concerns, you leave parents with no options but to be heard," Morrison said.

As for his granddaughter, he is much less concerned about her safety in school. 

"There’s good news on my granddaughter’s account," he said. "She now goes to school safely and without fear. Unfortunately, she had to change schools to do it."

Outside the board meeting, Morrison told The Batavian, the child who is reportedly disruptive once raised a desk over his head threatening his granddaughter. He said the child wasn't disciplined.

Another parent said the same child brought a knife to school a few days later and received a three-day suspension.

Three other parents spoke Monday, including two who said they were frustrated because their children had been given lengthy suspensions for minor violations while the elementary school student who is said to be so disruptive never receives serious punishment. 

One of the parents, Casey Scott, said her teenage son is part of the program for students with disabilities and he used to struggle in school. This year, he had been doing great academically until he was suspended for the rest of the school year and now he's failing two classes. She said one of her complaints is that he's been out of school for nearly two weeks and she has been unable to get his assigned homework so he can keep studying.  She got some assignments from his BOCES instructor, but not from Alexander HS.

"I was also told if I pursued the issue any further it would backfire on us," Scott said.

Another parent shared similar concerns about homework for her suspended child.

Outside the meeting, Scott said her son was suspended because, on a bus trip to the BOCES campus, her son and another boy grabbed and bear-hugged another student. She said she thought it was playful, the school took it as bullying. She said he had no other disciplinary issues.

Below is the email The Batavian received from Reed Pettys (Note, in our initial set of questions to him, we asked a general question about whether he prevented a parent from speaking at the "previous" meeting. It turned out, that was actually a meeting before the last meeting. We say that to explain his final sentence.)

Thank you for attending our Board meeting last evening.  

The District takes matters of student safety, discipline, and learning very seriously.  

The safety and well-being of our students is our top priority.  

We cannot and will not comment about issues specific to any student or staff.  

Our Code of Conduct is updated on an annual basis.  I can assure you that in all cases, the Code of Conduct is and has been applied fairly and consistently.

The administrators and Board of Education listen and take action as appropriate to all concerns brought to us by students, parents, and community members.

Please know that no members of the public spoke at our last meeting on 4/11/18.

PUBLISHER'S NOTE: At 11:24 p.m. The Batavian received an email from an attorney for the school district demanding that The Batavian retract this story. While alleging many faults with the story, the attorney did not assert that it was in any way libelous or defamatory. We are not going to retract this story. We stand by our reporting. We affirm the story is factually accurate and does not suffer from the deficiencies she claims; though, in fairness, we should acknowledge one point she made. The school board, as with all public bodies in New York, is under no obligation to provide for public comments on its agenda. Further, it is not legally obligated -- though it might be wise -- to keep minutes on public comment.

The layout is spacious and open with cathedral ceilings and the bedrooms are large with huge closets -- the master bedroom suite is every girl's dream! Master bedroom bath and laundry hookups all on main floor for no stairs convenience! The location is on quiet country road within five-minute drive of Thruway and shopping.

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Call Lynn Bezon at 585-344-HOME today or click here for more information on this listing.

Press release:

O-AT-KA Milk Products is proud to announce that Donna Maxwell, vice president of Human Resources, was presented with the prestigious HR Executive of the Year Award by the Rochester Affiliate of the National Human Resources Association (NHRA).

Maxwell was honored at the NHRA’s fifth annual awards ceremony on Tuesday, April 18th, at Locust Hill Country Club in Pittsford.

The award recognizes exceptional leadership in innovation and operational excellence. Nominated along with four of her peers in the region, Maxwell was selected for her exemplary leadership in organizational development.

She was also presented with the Transformational Business Partnership Award in recognition of outcomes achieved in labor relations management.

“To be effective as a leader it takes courage; strength of character; intellectual honesty; the ability to build trust; integrity; experience and wisdom,” said Bill Schreiber, CEO of O-AT-KA. “These are all personal characteristics that Donna Maxwell brings to the job each and every day. She never mails it in.”

Maxwell has had responsibility for Human Resources and Technology strategy for O-AT- KA Milk Products for the past three years. During that time she has driven the company to a new and sustainable technology vision that includes mobile technology and remote functionality in a manufacturing environment.

She has solidified O-AT-KA’s position as an employer of choice with the renegotiation of cost effective, best-in-class employee benefit options.

For information about working at O-AT-KA and to view open positions, visit www.oatkamilk.com/careers.

After an apparent inability to reach an agreement with 1366 Technologies that would have paved a path for the company build its solar wafer plant in the STAMP project in Alabama, an attorney for the Department of Energy is threatening legal action against the startup for planning its factory in Southeast Asia.

John T. Lucus, acting general counsel for the DOE, submitted a letter to trade representatives last week in opposition to a request by 1366 for an exemption from a proposed tariff on solar panels manufactured overseas.

Citing a claim by 1366 in its application for the exemption that it is building a factory in Southeast Asia, Lucus wrote, "1366, however, made U.S. manufacturing commitments to DOE as part of millions of dollars in funding agreements with 1366. Constructing and operating the Southeast Asia facility is likely contrary to 1366's U.S. manufacturing commitments to DOE. DOE takes this matter very seriously and is currently looking into 1366's compliance with its DOE funding agreements."

A spokeswoman for 1366 declined to comment.

"We are not providing comment on the letter at this time as we’re working to consult with the DOE to gain additional clarity," said Laureen Sanderson.

The letter from Lucas makes it sound like the DOE either released funding or followed through on commitments to help fund the $700 million plant 1366 had hoped to build in Genesee County.

In fact, 1366 withdrew its application for funding late last year and announced its plans to build a plant overseas instead of in the U.S. after the DOE failed to finalize a 2011 agreement for a $150 million loan guarantee.

After 1366 selected Genesee County for its facility, the company sought to renegotiate part of the agreement. The negotiations were put on hold following Donald Trump's election and did not resume until well after Secretary Rick Perry was confirmed. According to sources, the DOE was unwilling to make any changes to the agreement, specifically as it related to a requirement that 1366 raise $100 million in private investment. At that point, the company had raised $80 million.

The other part of the agreement used by the DOE to justify withholding the loan guarantee was that the company had not selected a location in the United States for its manufacturing facility even though 1366 had signed documents with both the Genesee County Economic Development Center and Empire State Development naming STAMP as its future manufacturing home.

The 1366 manufacturing process is patented and touted as potentially disruptive to the energy industry because it eliminates waste, lowers costs, and boosts power efficiency. It was developed at MIT.

The factory in Alabama was expected to employ as many as 1,000 people at full capacity making just solar wafers, not solar panels, and the company said all of the initial customers would be overseas and not in the United States.

The letter from Sanderson to the U.S. Trade Representative regarding the Trump administration's proposed tariff on solar panels says the company is seeking an exclusion on the portion of any panels imported into the U.S. using direct-to-wafer technology. The wafer comprises 70 percent of a panel's expense, Sanderson said.

The exclusion application also states that 1366 still plans to build a factory in the United States at some point that will employ 700 to 1,000 people.

The company said the exemption would give the U.S. solar industry "breathing room" in order to compete in the global market.

In the request summary, 1366 states:

Michelle A. Condidorio is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 2 in the Town of Alexander that Condidorio drove a 2013 Chevrolet on Telephone Road while intoxicated. In count two, she is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Jan. 20, 2011, in the City of Batavia, and that conviction was within 10 years of the crimes currently alleged.

Jeremy J. Schraufstetter is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Oct. 28 in the Town of Darien that Schraufstetter drove a 1984 Chevrolet on Broadway Road while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on March 19, 2008, in Village of Depew Court, and that conviction was within 10 years of the crimes currently alleged.

Michael J. Smith is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 2 in the Town of Le Roy that Smith drove a 2003 Chrysler on East Main Street while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Dec. 1, 2008, in the Town of Le Roy, and that conviction was within 10 years of the crimes currently alleged.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today criticized Gov. Cuomo’s attempt to use his official position to turn private insurance companies, banks and other financial institutions against the National Rifle Association (NRA).

Last week, the governor directed the Department of Financial Services to urge certain financial institutions to examine and possibly cease their relationship with the NRA. This follows the governor’s attacks on congressional Republicans and national support for the Second Amendment advocacy group.

“The governor’s alienation of law-abiding citizens continues as now he is using his office to leverage private businesses against the NRA and its members,” Hawley said. “It’s an absolute overreach and clear abuse of power when the governor sidesteps the public by unilaterally using his office to attack groups and their members who have done wrong except believe in liberty and constitutional rights.

"One million New Yorkers and prominent businesses have fled the state since Gov. Cuomo took office and sadly he seems content with that reality.”

Jessie P. Polito, 40, of 407 Frederick Douglas Street, Rochester, is charged with three counts of grand larceny, 4th, and one count of petit larceny. Polito was arrested following a lengthy investigation by Le Roy PD into a stolen purse in the Village of Le Roy and use of credit cards in the purse in Monroe County. Polito was identified as the suspect through video surveillance as the user of the cards and a warrant was issued for his arrest. Polito turned himself into Le Roy PD.

Olivia Nichole Smith, 21, of School Street, Batavia, is charged with driving while impaired by alcohol and drugs, possession of a forged driver's license, and open container. Smith was arrested after Deputy Ryan DeLong responded at 11:30 p.m. Friday to Route 33, Bergen, to a request to check the welfare of a person on a roadside vehicle.

Richard Sampel, 48, of Batavia, is charged with criminal contempt, 1st. Sampel was arrested by State Police based on a report at 10:17 p.m. Tuesday, in the Town of Alabama. No further details released.

Chelsea E. Vercruysse, 21, of Medina, is charged with unlawful possession of marijuana. Vercruysse was stopped by State Police at 9:12 p.m. Monday on Route 63 in Batavia.

A new literary group in Batavia, organized by Eric Zwieg, The Visual Truth Theater Ensemble, will present readings by writers Byron Hoot, Cole Rogers, Julian Tuast, and Zwieg on May 11 at Moon Java Cafe.

The title of the program is "Speak Again, Speak Like Rain" and begins at 7 p.m.

Richard Beatty, of the Geezer Radio Show on WGCC on Thursday nights from 8 to 10 p.m., will host the reading.

The reading is free and open to the public.

Contact Ezwieg11@hotmail.com for additional details. 

Batavia Blue Devils boys and girls track and field team defeated Greece Odyssey yesterday at vandetta stadium Batavia. Boys team won by an impressive 134-7 and girls team 119-21. Top finishers are posted below. 

There were many second- and third-place finishers for the squad also. Batavia boys record is 2-0 and girls are 1-1 in their division. 

Batavia’s home invitational will be at Vandetta stadium starting at 2 p.m. on Saturday May 12.

For more photos click here. Pictured above is senior Jonathan Liciaga.

Above are senior Eric Davis and sophomore Daemon Konieczny.

Above, senior Anthony "Butchie" Ray.

Boys results:

Double Winners include:

Eric Davis -- 100m Hurdles – 14.9 sec. -- 100m Dash – 11.2 sec. -- 200m Dash – 24.0 sec./ Also a member of the winning 4x100.

Jonathan Liciaga -- Long Jump 18 ‘ 9.5” -- Triple Jump 40’ 8” / Also a member of the winning 4x100.

Anthony Ray -- Shot Put 55’ 4”  -- Discus 143’ 1"

Other Winners:

Nick Neid 1600m – 4:47.6

Colton Martin  400m Hurdles 65.2 sec.

Mario Rosales 800m - 2:11.3

Dylan Gaus -- 3200m – 11:07.4

Pole Vault -- Daemon Konieczny 9’ 6”

4x100m Relay – 47.3 sec. -- Eric Davis, Johnathan Licaga, Joey Gefell, Brock Every

4x400m Relay – 3:57.8 -- Colton Martin, Zak Jantzi, Kris Kuszlyk, John Bruggman

4x800m Relay – 9:34.5 -- Andrew Cunningham, Nick Neid, Matt Adams, Garrick Havens

Senior Kiaya Franklin, left.

Senior Tanner Kolb.

From left -- Cameron Buck, Samantha Davis, Juliana Branche, Sadie Loria.

Girls results:  

Double Winners include:

Kiaya Franklin -- 100m – 12.6 sec. -- 200m – 26.6 sec / Also a Member of the winning 4x100 & 4x400.

Cameron Buck -- 800m - 2:49.7 -- High Jump – 4’ 6” / Also a Member of the winning 4x400.

Tanner Kolb -- Shot Put – 24’ 1” -- Discus – 87’ 3

Other winners:

Caitlin Kingston -- 400m – 1:06.2 / Also a member of the winning 4x800.

Madeline Taggart -- 1500m – 6:18.5 / Also a member of the winning 4x800.

Sydney Della Penna -- 3000m – 12:57.8 / Also a member of the winning 4x800.

Sarah Adams  -- Triple Jump – 30’ 2.5”

4x100m Relay – 52.5 sec. -- Kiaya Franklin, Jadin Vasciannie, Ariana Brown, Brianna Gutman

4x400m Relay – 4:47.4 min. -- Camryn Buck, Piper Harloff, Samantha Davis, Kiaya Franklin

4x800m Relay – 12:53.8 min. -- Caitlin Kingston, Maddie Taggart, Sadie Loria, Sydney Della Penna

Press release:

Congressman Chris Collins (NY-27) today announced that the Firefighter Cancer Registry Act was reported favorably from the Senate Committee on Health, Education, Labor and Pensions. Collins and Congressman Bill Pascrell (NJ-09) co-authored the House version of this bill that unanimously passed the House on Sept. 12.

The Firefighter Cancer Registry Act would require the Centers for Disease Control and Prevention to develop and maintain a registry to collect data regarding the incidence of cancer in firefighters. A 2015 study by the National Institute for Occupational Safety and Health found that firefighters had a greater number of cancer diagnoses and related deaths than the general population, revealing an enormous gap in research.

“In communities across the United States, firefighters so bravely run toward emergency situations and put their lives in danger to help their neighbors,” Collins said. “I thank my Senate colleagues for their work in advancing this important legislation through committee and for their commitment to the safety of our nation’s firefighters.

"We need more information to determine how to better improve equipment and protocols to keep these men and women safe, and this was a huge step in the right direction.”

“I am thankful for the efforts of senators Bob Menendez, Lisa Murkowski, Patty Murray and Lamar Alexander in advancing companion legislation establishing a national firefighter cancer registry through committee,” Pascrell said. “The passage of this bipartisan, bicameral bill by voice vote speaks volumes to our collective commitment to the brave men and women in the fire services.

"We are now a step closer to better understanding firefighters’ risks for developing cancer. Our legislation will ensure firefighters who enter smoke-filled rooms and hazardous environments in service to their communities get the support they need. While the House has already passed legislation which would create this registry, I look forward to the Senate legislation moving through its chamber so we can get a bill on the President’s desk this year.”

If signed into law, the Firefighter Cancer Registry Act would authorize federal funds to gather data that would study a number of potential risk factors, including but not limited to the status of the firefighter (volunteer, paid-on-call, or career), number of years on the job, the number of incidents attended, and the type of incidence. The collection of this data would allow for improved equipment, enhanced safety protocols and preventative techniques for our firefighters.

Phyllis Seager sent in this picture about an hour ago of a possum stuck on a fence in the 300 block of East Main Street, Batavia.

She said she wanted to get the possum down but the folks at the neighboring business wouldn't let her.

UPDATE 9 p.m.: Seager said the possum was still there as of 8 p.m. I drove by at 8:45 p.m. and it was gone. Seager said she doesn't know how it got down. She's hoping once it got dark the possum got brave enough to get down on its own.

A pair of technology teachers in Alexander Central Schools think it's time to reintroduce agriculture into the curriculum of the high school and shared their plans Monday night with the school board.

"We live in an ag community but the kids seem distant from it because all of their food comes from factories," said Bob Hollwedel, who has been working on creating an agriculture program at the school with Aaron Forgnone.

Initially, the program will concentrate on field trips to ag-related businesses in the region.

Board members expressed an interest in seeing the high school start an FFA (Future Farmers of America) program.

Hollwedel said in their research they looked into it but decided it's too much to pursue right off the bat.

"We realized really quickly how there is a lot to that and you can get really deep, really quick," Hollwedel said. "We found we should start from something and then look at that as a separate element."

Board VP Richard Guarino was particularly excited about the prospect of reintroducing an ag curriculum into the high school and encouraged the teachers to work toward forming an FFA chapter. He said FFA teaches students a lot of important life skills, including public speaking, parliamentary procedures, and business.

"I am thrilled that we are bringing agriculture back to Alexander," Guarino said. "I don’t know when it left, I guess some time in the ‘80s. I think it’s great that it’s coming back. I like to think it’s not just cows and plows, which is what we used to say in FFA. It’s not just cows and plows. It is so many different businesses.

"I can still say it was in ag classes where I learned to fill out a 1040 ( U.S. Individual Income Tax Return form). No other other class in high school taught me the stuff I learned in agribusiness, so I’m thrilled."

Sophomore Irelyn Curry (pictured above) tossed a complete game, scattering eight hits, while striking out five on the mound to pick up her first varsity win as Batavia defeated Greece Athena 8-4. 

Maiya Reinhart and Alaina Bowman each were 2 for 4 at the plate. Bottom of the first was the turning point in the game as senior Bri Janes and freshman Mackenzie Reigle both doubled and drove in two runs for the Devils. Natalie Rogers also singled and doubled for Batavia. Taylor Stefaniak was 1-3 at the plate and led a strong defensive effort for Batavia. Batavia improves their record to 2-2. 

Head Coach Jim Fazio summarized the win after the game, "Very proud of how our team responded after Athena put four runs on the board in the first inning to take an early lead.

"Irelyn was outstanding in the circle and the girls rallied behind her defensively. We answered their early offensive explosion with seven runs of our own. Our pitching and defense carried us the rest of the game."

In a close non-league golf matchup Batavia Blue Devils beat Elba Central Lancers 263-270 at Batavia Country Club yesterday. Teagan Monahan and Bryce Reigel scored a 49 to lead the Devils, while Elba's Ben Pflaumer scored a 44 for Elba.

A caller on Thorpe Street in the city says a man threw a rock through her window and also threw a bicycle at her. He is reportedly pacing outside. Police are responding.