batavia

WHAM-13's Sean Carroll is working on a follow-up to our stories on a possible giant food processing plant targeted for the Genesee Valley Agri-Business Park and had an opportunity to ask Lt. Gov. Robert Duffy about the plans today.

Here's the exchange:

Sean Carroll: "Genesee County Ag Park is one of a couple locations in this region being eyed-up by possibly a food processing company, 200 to 300 jobs, what do you know about it and what can you tell us about it?”

Duffy: “Well, I know one thing, on one of the worst weather days of the year I was out at a meeting in Genesee County on that location. I know the state is working very hard with Genesee County right now. I don't want to negotiate or talk about the details of that discussion right now but we're working very, very hard on that and hopefully it will come to fruition."

Carroll has spoken with state-level officials who confirmed the details of what we've been able to report so far.

Steven A. Mullen, 24, of 123 Liberty St., Batavia is charged with failure to report change of address within 10 days. Mullen is a Level 2 sex offender and required to report a change of residence. Mullen is accused of reporting in June 2011 that he was living on Law Street. An investigation revealed that Mullen was allegedly living on Liberty Street. The charge is a Class E felony.

Katelyn Christen Kubala, 22, of Meadow Lane, Attica, is charged with petit larceny. Kubala was arrested on a bench warrant out of City of Batavia Court. Kubala was jailed on $1,000 bail. Kubala was also arrested on a warrant related to a petit larceny charge out of Town of Batavia Court.

Brittany Megan Kuhn, 22, of Clipnock Road, Bethany, is charged with unlawful dealing with a child, 1st. Kuhn is accused of hosting an underage drinking party at 11:20 p.m., Monday.

Rosemary Renee Waters, 26, of Bank Street, Batavia, is charged with petit larceny. Waters is accused of shoplifting from the Wilson Farms store in Oakfield.

Joseph Stanley Shaffer, 47, of West Main Street, Batavia, is charged with DWAI - Drugs, unlicensed operator and moving from lane unsafely. Shaffer was charged following a property damage accident at 3:04 p.m., Tuesday, on Batavia-Oakfield Townline Road, Batavia. Shaffer's car reportedly sideswiped another vehicle.

Bradley Robert Jordan, 18, of Silver Road, Bethany, is charged with harassment, 2nd. Jordan is accused of pushing another person to the ground during a dispute.

Rafael Louis Munoz Ramos, 36, of South Pearl Street, Oakfield, is charged with harassment, 2nd. Munoz Ramos is accused of striking a coworker in the face.

Kelsey Lee Eksten, 20, Alexander Street, Rochester, is charged with unlawful possession of marijuana. Eksten was charged following a traffic stop on Monday by Deputy Brian Thompson.

Matthew John Mistretta, 22, of Alexander Street, Rochester, is charged with criminal possession of a weapon, 4th. Mistretta was allegedly found in possession of a cane sword during a traffic stop by Deputy Brian Thompson on Monday.

Minutes from Batavia City School Board of Education meeting for Nov. 1:

New Board Member
The board received five applications for the Board of Education seat which became available Nov. 1, 2011, due to the resignation of Andrew Pedro. After reviewing applications and meeting with each applicant, the board voted to have Phil Ricci serve the remainder of Mr. Pedro’s term, through June 30, 2012. Mr. Ricci was sworn in at the beginning of the meeting.

Mr. Ricci brings his experience as a branch manager with Bank of America as well as a demonstrated commitment to community involvement. He is president of the city of Batavia Youth Board, a long-standing member of the City of Batavia School District State Audit Committee, and served on the Batavia School District Board of Education from 2005-2007. He and his wife, Laura, have three children - one infant and two who attend Robert Morris Elementary.

Click on the headline to read more.

New Evaluation Procedure for Teachers and Principals
Robert Morris Principal Diane Bonarigo and Batavia High School Principal Christopher Dailey presented a pilot proposal in response to the new legislation regarding the observations/evaluations of teachers.

Superintendent of Schools Margaret Puzio had reported on this legislation to the board last fall, after attending a regional workshop on the topic. Some of the information covered at that time included:
•       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).

Focusing on the locally determined 60-percent portion of the scoring measures, Mr. Dailey and Mrs. Bonarigo have been working in conjunction with the Batavia Teachers Association to outline the measuring points and effective methods of evaluation.

The committee has utilized ideas from the work two educational experts: Kim Marshall’s ideas as expressed in her book, "Rethinking Teacher Supervision and Evaluation: How to Work Smart, Build Collaboration, and Close the Achievement Gap"; and Charlotte Danielson’s work, "Framework for Teaching, that outlines Four Domains of effectiveness."

The resulting model presented by Mr. Dailey and Mrs. Bonarigo consists of “mini-observations” with timely feedback using evaluation points taken from Danielson’s Four Domains. In other words, rather than having a lengthy, planned, formal observation of a teacher by the principal, mini-observations would be unannounced visits lasting 5-10 minutes and occurring approximately five times per year.

During a mini-observation, the principal would observe a teacher in action spontaneously, looking for level of competency (“highly effective” to “ineffective”) in three of the Four Domains of effective practice: Planning and Preparation, Classroom Environment, Instruction, and 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.

Mr. Dailey and Mrs. Bonarigo highlighted several benefits to this proposal: it motivates teachers to constantly do their best; it motivates principals to regularly visit a greater number of classrooms; it is more authentic than a pre-planned observation appointment; it provides for quicker feedback that the teacher can begin using immediately; and it invites a higher level of reflection on the teacher’s part, making it more collaborative.

School Board Recognition Week
In honor of School Board Recognition Week, which runs this year from Oct. 31- Nov. 4, the Superintendent of Schools read the NYS Proclamation signed by Governor Andrew Cuomo, which highlighted that “members of school boards are dedicated to children, learning and community, and devote many hours of service to elementary and secondary public education as they continually strive for improvement, excellence and progress in education. ... ”

In addition to the Governor’s general description of all school boards, Mrs. Puzio noted that she appreciates, in paricular, the time, cooperation, intelligence, enthusiasm, and dedication of the Batavia City School District Board of Education members.

During this week, a presentation about our board members can be viewed on the district’s website as well as on each school’s television monitors. Current Board of Education members include Mr. Patrick Burk, Ms. Amy Barone, Mr. Wayne Guenther (vice president), Mr. Steven Mountain, Mrs. Gail Stevens (president), Mr. Gary Stich, Mr. Phil Ricci, and Miss Taylor Harkness (student ex-officio member).

The Batavia Teachers Association, represented at the meeting by Mark Warren, made a $250 donation to the Salvation Army in the Board of Education’s name, in honor of School Board Recognition Week. The Batavia Clerical Association also made a $50 donation in the board’s name to the United Way/Salvation Army/Batavia City School District Backpack Program, which provides weekend packs of nutritious snack items for needy students.

Statewide Coalition for Mandate Relief
Superintendent Puzio presented information about Let NY Work, a coalition of nearly a dozen organizations operating in New York State which have outlined a “Common Agenda for the Common Good.” In this agenda, six mandates are targeted with specific and detailed recommendations for reform. Those six items are:
1.      Make the pension system predictable and affordable;
2.      Redefine compulsory arbitration;
3.      Reduce the costs of construction on public/private projects;
4.      When contracts expire, freeze step increases;
5.      Establish minimum health insurance contributions level for     employees and retirees;
6.      No new mandates.

Mrs. Puzio noted that mandate relief would lessen some financial burdens on school districts, allowing that money to be more effectively spent on maintaining quality education.

The diverse members of the coalition are: Associated General Contractors/New York State; The Business Council of NYS; the NYS Council of School Superintendents; New York Farm Bureau; National Federation of Independent Business; New York State Conference of Mayors and Municipal Officials (NYCOM); New York State Association of Realtors; NYS School Boards Association; Unshackle Upstate; Westchester County Association; and the Lawsuit Reform Alliance of New York.

Overnight Fieldtrip and Fundraising Committee Report
Community committee member Cheryl Kowalik addressed the board, noting her appreciation for the committee being formed and that members have met and made some useful suggestions for the board to consider. She also stated, however, that some committee members were confused as to the guidelines the board used to determine that the hockey team should not be permitted to take an overnight trip for a tournament.

Board member Amy Barone reported on the committee’s progress, noting that they have met several times to review the current official board policies for field trips and fund raising, to review the concerns about both, as well as to brainstorm ideas for how to create new policies that are responsive to the concerns.

Committee discussions about fund raising included such topics as students carrying student identification, selling door-to-door, putting limitations on fundraisers, lessening stress for parents and students, creating a centralized calendar of fundraisers, voluntary vs. mandatory participation, methods of participation, and providing parents with a standardized form that would detail the necessary information for each fund raiser. The topic of overnight trips focused on the procedure for approval and the fund-raising process.

With the ensuing discussion by board members, it was determined that there are a myriad of issues surrounding these two topics and, as one issue gets addressed, others emerge. Mrs. Puzio suggested and board members agreed that all board members will submit their concerns about both topics to board President Gail Stevens who will compile the topics and forward them to Amy Barone for the next committee meeting.

School Boards Convention
Board Member Pat Burk, who is also a Resolutions Committee member for the NYS School Boards Association (NYSSBA), attended the New York State School Boards Association’s 92nd Annual Convention and Education Expo in late October, as did Superintendent Puzio and board members Gail Stevens and Amy Barone -- along with approximately 3,000 other school board members, superintendents, and educators from across the state. In addition to informative sessions, there was much opportunity for networking as well as visiting the tradeshow that highlights various programs and projects.

Mr. Burk also stated that the top priority arising out of the State Education Department is to seek a federal waiver for No Child Left Behind, citing unrealistic expectations, and that impressive data has been collected to support a waiver for NYS. (Compliance with No Child Left Behind is tied to receiving federal funds; non-compliance is penalized by withholding of some of those funds. The waiver application process was recently introduced in recognition of the need for more flexibility in how to effectively educate all students.)

Financial Summary Report for September 2011
Business Administrator Scott Rozanski reported on the September 2011 revenue and expenses for the district, reviewing them in comparison to the September 2010 figures.

Revenues were up by $245,800, or 6.9 percent, primarily in the Non-property Tax Items category (utility tax), the Miscellaneous category, and the State and Federal Aid category. The utility tax, which had been in decline for several years including the 2010-2011 school year, increased by a very encouraging $49,000, or more than 42 percent.

The $70,300 increase in Miscellaneous revenue reflected a reimbursement from 2010-2011 expenditures that were chargeable to 2010-2011 grants and, because of the timing of the processing of the transactions, are recorded as revenue for the 2011-2012 school year.

State and federal aid were up $150,800 from last year at this time, largely because last year’s aid had been adjusted down by .67 percent as a contingency plan to offset possible losses due to reconfigured FMAP (Federal Medical Assistance Percentages).

Recorded expenses were up by nearly $1.7 million or 40.50 percent due to the timing of transactions, as several bills that were paid last year in October, this year came due in September. For example, September 2011 had three payroll dates whereas last year, there were only two in the month. This was similarly true for the BOCES and health insurance payments, which came due in September this year, whereas in 2010, they were recorded during the month of October.

Jackson Elementary Tour
Jackson Elementary Principal Shawn Clark and Superintendent of Buildings and Grounds Jim Jacobs provided a tour of the Jackson facility. Some features of the tour included the separated parking and parent drop-offs from the bus loop that allows for safe and smooth transportation of students; the remodeled main entranceway which provides the main office staff with a clear view of who is approaching the front doors; the cafeteria and gym which were both part of recent renovations to the building; large classroom sizes; and multiple access doors to the playground.

Statement from City Manager Jason Molino:

The City fully understands the inconvenience and delays this project has caused the households and families affected by the construction, and we are very appreciative for your patience. I want to ensure the residents that the City is taking every step to make certain that the contractor completes the project this construction season, work is performed properly and in the best interests of the City's residents.

The contractor has advised the City that milling and paving North and Ross Streets are scheduled to take place this Thursday, Friday and Monday.  Please be reassured that the City is taking all possible action to vigorously protect the City’s interests.

Accordingly, should any resident have any concerns or complaints regarding the project, work performed, contractor or subcontractors on the job, please contact the City Manager’s Office at 345-6330 and we will address your issue as promptly as possible.

It is not the City’s policy to comment publicly on legal matters.

Town of Batavia officials are going to work as quickly as possible to get development plans reviewed and approved for a food processing facility on an 81-acre parcel at the Genesee Valley Agri-Business Park.

Sources tell The Batavian that a company is planning a large facility that could employee from 200 to 300 people. But when asked for confirmation on details Tuesday night, GCEDC CEO Steve Hyde said confidentiality agreements prevent him from discussing both the name of the company and the nature of the processing plant.

While Hyde cautioned that the deal is "not 100 percent," it's clear from the discussion of planning board and zoning board members Tuesday night that the company is serious about building its new plant in Batavia.

"This project is going to move very fast," said Gary Diegelman, chairman of the zoning board.

It must, Hyde said.

"They want to move very fast," Hyde said. "There is some extended time frame for negotiations, but they want to get moving in advance to take advantage of the good weather before it gets nasty."

The zoning board will meet Nov. 7 to discuss three requested variances to the zoning code.

The company is requesting permission to build a warehouse higher than the 40 feet allowed by the zoning code, Diegelman said. The initial request is to build a 45-foot-high warehouse, but the company anticipates eventually expanding to 120 feet high.

Diegelman suggested the board just consider approving the 120-foot high variance now to save the company the trouble of coming back later for a new variance.

Because of the Monroe County water towers on the other side of Route 5, and variance already granted for the O-AT-KA Milk Products plant, the variance shouldn't be a problem, Diegelman indicated.

The company also wants to provide parking based on three shifts of workers, rather than a number of parking spaces dictated by the total square feet of the facility.

And they want parking spaces that are 9' x 18' rather than the code of 10' x 20', but the variance request is not unusual in the town.

As for the planning board, it will hold a meeting to discuss any changes in the SEQR process. The ag park already has been through environmental review, but the 81-acre project could have additional or different environmental impacts that need to be considered.

On Nov. 14, the board will discuss a proposal to change parcel boundaries in the park to create the 81-acre project.

Hyde indicated that while the project isn't completely locked down, Genesee County is the frontrunner, well ahead of sites considered in Pennsylvania and even Livingston County.

"I think there’s a lot of excitement (about the project), not just in Genesee County, but across the region and the state. People recognize that the Finger Lakes and Western New York are primed for growth in food processing, a recession-proof industry, because people have to eat and our country continues to grow."

Photo: GCEDC's Mark Masse, VP of business development, shows site map plans for parcel changes to the agri-business park to members of the planning and zoning boards.

While on Harvester Avenue this morning, I took a short walk through the Batavia Cemetery, because it's always possible to find a picture in the Batavia Cemetery on a clear fall day.

What was once the home to a father, mother and their six children on Harvester Avenue was reduced to rubble Tuesday morning.

The house was badly damaged in a fire Sunday afternoon that started after one of the children was reportedly playing with a lighter in a back bedroom.

The family lost almost all of their belongings.

Owner and landlord Andy Young said the structure was insured. He doesn't have plans to rebuild on the property at 23 Harvester Ave.

It's been the talk of the town for a couple of months -- a big food processing plant is being planned for the Genesee Valley Agri-Business Park.

The plant has been described as "O-AT-KA-sized" and could employ from 200 to 300 people.

Sources tell The Batavian it's now pretty much a done deal and more information should be coming out soon.

This is the second big-win for the GCEDC's agri-business park off of Route 5 in the Town of Batavia.

Last month, Colombia-based Alpina Products broke ground on a yogurt processing plant that will start out employing 50 people.

There's an item on the Town of Batavia's Planning Board agenda tonight that deals with further subdivision of the agri-park. We may find out more at this meeting.

Harvester Avenue is being closed for the time being for a building to be torn down.

That could mean the house involved in a fire on Sunday or another house on the street that is boarded up, or ... 

Every year Care-A-Van Ministries has a celebration to share the love of Jesus on Halloween night. The famous Care-A-Van brownies are served along with hot cider, cold cider, hot chocolate, donut holes, candy and of course lots of prayer!

Tonight more than 900 brownies were served. Everyone had a great time stopping by and many took advantage of available tours of the vehicles. Thank you to all who volunteered and gave donations to help make this event possible.

It seemed like half the kids in Batavia were on Ellicott Avenue tonight for Halloween trick or treat. Most of the homes on the street had treats available. A couple of residents said they prepare for at least 500 children to visit each year.

I fyou can't view the slide show below, click here. 

To purchase photos from this event, click here.

On Saturday, three local law enforcement agencies collected prescription drugs that were no longer needed in order to sure safe destruction of the drugs.

Here's the results of the drop off:

• Batavia PD: 169 vehicles, and a total of 487.5 lbs;
• Le Roy PD:  46 vehicles, and a total of 144.8 lbs;
• Sheriff's Office, in Pembroke: 36 vehicles, and a total of 53.5 lbs.

Aaron J. Wood, 20, of Iroquois Road, Caledonia, is charged with petit larceny. Wood is accused of unwrapping and eating a $3 pizza while in the Tops Market in Le Roy. Wood allegedly tried to leave the store without paying for the pizza.

Joseph Dennis Vendetta, 30, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, tinted windows and driver's view obstructed. Vendetta was stopped at 2:21 a.m., Saturday, on Richmond Avenue by Deputy Patrick Reeves.

Billy Joe Budziszewski, 20, of Alleghany Road, Corfu, is charged with criminal possession of a weapon, 3rd, and criminal mischief, 4th. Budziszewski is accused of getting into a dispute with his father Friday morning. During the dispute, Budziszewski allegedly became verbally abusive and punched the kitchen wall and front door, causing some damage during the argument. Budziszewski also allegedly had a pair of metal knuckles in his bedroom dresser.

Luis Geraldo Pacheco, 49, of Webster Avenue, Rochester, is charged with three counts of criminal contempt, 2nd. Pacheco is accused of violating a stay away order on three separate occasions.

Melvin Gaylord Draper, 30, of Webber Avenue, Oakfield, is charged with felony DWI, aggravated DWI (BAC of .18 or greater), aggravated unlicensed operation, 1st, and improper signal. Draper was stopped at 12:47 a.m., Saturday, on Bank Street Road, Batavia, by Sgt. Brian Frieday.

Gene Robert Schmidt, 44, of Dodgeson Road, Alexander, is charged with DWI, driving with a BAC of .08 and failure to keep right. Schmidt was stopped at 1:33 a.m., Saturday, on Bowen Road, Alexander, by Deputy Jason Saile.

Trent H. Burgess, 39, of West Avenue Brockport, is charged with DWI, driving with a BAC of .08 and speeding (89 mph in a 55 mph zone). Burgess was stopped at 12:26 a.m., Sunday, on Clinton Street Road, Stafford, by Deputy Howard Carlson.

Brian James Nelson, 24, of Grove Street, Painted Post, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and driving left of pavement markings in a no-passing zone. Nelson was arrested following the investigation by Deputy Jason Saile into a one-car accident at 6:04 a.m., Sunday, on Route 77 in Darien. 

Daniel L. Cone, 51, of 6380 Clinton St. Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and prudent, following too closely and moving unsafely from lane. Cone was stopped at 5:55 p.m., Saturday, on East Main Street, Batavia, by Officer Dan Coffey.

Lawrence D. Williams, 51, of 148 Hutchins St., Batavia, is charged with criminal possession of a controlled substance, 7th. Williams was allegedly found in possession of a small quantity of cocaine following a traffic stop.

Scott G. Tooley, 26, of 199 S. Main St., Batavia, is charged with endangering the welfare of a child. Tooley is accused of leaving a young child at home without adequate supervision.

A driver was hospitalized Sunday morning after a one-car crash on the Lewiston Road bridge over the Thruway in Batavia.

The driver, Staci L. Casper, 24, of 7599 Lewiston Road, Oakfield, was taken by ambulance to UMMC with minor injuries.

A toddler in the car, Dominic R. Davies, was not injured.

Casper was southbound on Lewiston Road at 7:30 a.m., Sunday, when for an unknown reason she lost control of her 1995 Honda. Her car struck the east side guard rail.

No citations were issued.

The accident was investigated by Deputy Brian Thompson.

Icy conditions are being blamed for a two-car accident at 7 a.m., Friday, that sent one person to the hospital with minor injuries.

The accident occurred on the Route 98 bridge over the Thruway.

Matthew A. Button, 28, of 7703 Lewiston Road, Batavia, was northbound on Route 98 when his 2007 Toyota spun out of control, sliding into the southbound lane and striking a 2005 Jeep driven by William P. Shelhorse, 67, of 23 West Ave., Elba.

Button's car then slide over to the west side guard rail.

Shelhorse was taken by a Mercy EMS ambulance to UMMC.

Button was cited for alleged failure to slow for hazardous conditions.

The accident was investigated by Deputy Brian Thompson.

(Initial Report)

Before heading to Rochester for the Elba/Byron-Bergen playoff game, I was able to take advantage of a beautiful morning sky and what's left of fall colors.

The photo above actually began with an idea yesterday. Not satisfied with the shots from yesterday (which I didn't publish), I went back this morning with a different idea of how to get the shot I originally imagined. That involved standing across the street and using a telephoto lens. The funny part was the group of youths who walked by clearly puzzled by what I might be photographing.

The back of the old fire house on Main Street.

This is on Clinton Street Road in Bergen, taken on my way to Rochester. I've driven by this tree many times thinking it could make a great shot in the right circumstances. This is almost it.

A house fire is reported at 23 Harvester Ave. in the City of Batavia. Everyone has been evacuated. A State Trooper on scene reports smoke and flames are showing. City Fire Department is responding.

UPDATE 1:53 p.m.: Everyone who was inside has been accounted for. The second and fourth platoons are called in. The fire began in the back bedroom of the wood-framed house. City firefighters have a convenient water hydrant nearby.

UPDATE 2:04 p.m.: There is "heavy fire" inside the structure says the chief.

UPDATE 2:10 p.m.: A responder (but not the chief) asks dispatch if a police officer can come to the scene and he's told that two are already there. But they're handling traffic, he says, and he needs someone to talk with the family. The family has information that "this is arson." An officer is responding to speak with the family.

UPDATE 2:39 p.m.: National Grid is called to the scene. No ETA given. Firefighters are continuing to battle the blaze. The American Red Cross is being contacted and will need to provide assistance to two adults and six children who have been rendered homeless by the fire.

UPDATE 2:44 p.m.: The Red Cross estimates it will be at the scene in about a half hour.

UPDATE 2:52 p.m.: National Grid is on location.

UPDATE 3:43 p.m.: The home is a total loss, according to a statement made by city fire Chief James Maxwell to WTBA's Dan Fischer, who was at the scene. Although the investigation is continuing, the initial indication is that the fire was started in a rear bedroom by a child playing with a lighter, Maxwell told Fischer.

UPDATE 4:25 p.m.: City firefighters are back in service.

UPDATE 4:55 p.m.: Harvester Avenue is open to traffic now.

Photos by Dan Fischer, WBTA.

Walnut Street residents Jeremy and Cassie decided to rake up their fall leaves Saturday, and got some extra "help" from their sons Ethan, 7, and Matthew, 4, who found it was great fun to play in the big pile of leaves.