batavia

Batavia City Schools continue to exceed state averages for the graduation rates for children with special needs.

Trisha Finnigan, director of special education and alternative education, updated the school board on special education in the district during Tuesday night's board meeting.

For 2015-16, the state average graduation rate of 55.39 percent. The City Schools rate was 60.9 percent.

That's consistent with prior years, going back to 2005-06 when the state was 37 percent and the local rate was 46.4 percent. In 2014-15, the state rate was 50.48 percent and the local rate was 57 percent.

Also, Finnigan said, the district is having some success with students that state doesn't count as "graduated," though she thinks they should be counted.

"The truth is, and I've talked about this before, is that, for example, some of our students that have some pretty significant cognitive limitations and can't earn a Regent's diploma. They now earn what's called a skills and achievement commencement credential. It's evidence that we've prepared them for, ideally, employment or work toward a realistic postsecondary plan. We don't get credit for those in our graduation rate and it actually counts against us. It's something that any time I can give feedback to the state about, I do."

Students also have until their 21st birthday to graduate, but when a student needs more time, the state doesn't count those eventual successful graduations in the district's graduation rate for special education.

"I think many of you had pleasure last year to meet a young lady who needed until January after her senior year to graduate, but she did it," Finnigan said. "That counts against us."

In other measures, 80 percent or more of special education students in Batavia are spending at least 66 percent of their time inside of regular classrooms. That exceeds the state standard of 58.2 percent. 

When district officials asked voters to approve a $27 million capital improvement project they promised the tax levy would go up "0.00 percent" and with the approval of the annual tax warrants tonight, Batavia School District trustees kept the promise.

In fact, because assessed values have gone up about 3 percent for properties in the school district, the 2017-18 tax rate for property owners will go down 79 cents, or 3.54 percent.

The new rate will be $21.46 per thousand of assessed value, Business Manager Scott Rozanski told the board.

It's the second year in a row the district has lowered the tax rate by more than 3 percent.

In six of the past 10 years, the school district property tax rate has gone down from the previous year. Accounting for those years the rate has gone up, the average annual increase is .07 .70 percent.

UPDATE: Scott Rozanski provided these PDFs:

• The 15-year history of the tax levy.
• The 15-year history of the tax rate.

He also told us:

The only thing in the District's control is the levy.  The tax rate is determined by a number of factors outside our control (assessments, equalization rate and county adjustments from prior year such as omitted taxes and exemption removals) 
Also, this will be the fourth consecutive year that taxpayers will receive a rebate check from NYS as a result of our compliance with controlling the taxes (tax freeze).

Just one clarification, the ten-year tax levy increase is 0.70 percent (not 0.07 percent) - as written online.

Press release:

U.S. Senate Minority Leader Charles E. Schumer and U.S. Senator Kirsten Gillibrand today announced $500,000 in federal funding for the Town of Batavia in Genesee County. The federal funding was allocated through the U.S. Department of Agriculture (USDA) Rural Development program. Specifically, the Town of Batavia will use the funding to create a new Southwest Water District. The new water district will bring public water service to 40 residential users who do not currently have access to safe drinking water.

“This federal investment is great news for the Town of Batavia,” Senator Schumer said. “With support from the USDA’s Rural Development program, Batavia will be able to create a vital new water district bringing public water service to dozens of residents. I am proud to announce this federal investment and will continue to fight to make sure that rural communities have the tools they need to grow and prosper.”

“This investment ... will help facilitate a critical project that will bring safe and reliable water to dozens of residents in the Town of Batavia,” Senator Gillibrand said. “These funds will provide the necessary resources to build a brand new water district, which will help deliver clean water and enhance residents' quality of life, and protect public health in the area.”

“We are so grateful and excited to receive this funding that will allow us to make a vital resource available to the community," said Greg Post, Batavia Town Supervisor. "Access to clean water will both enhance the personal health of many individuals and spur development in this area.

"Senators Schumer and Gillibrand have long supported us and we express extraordinary gratitude to all elected officials, the USDA, and stewards at every level who have made it possible for us to receive funding for an initiative that will so greatly benefit our community.”

USDA Rural Development's mission is to increase economic opportunity and improve the quality of life for rural residents. The Rural Development agency is committed to improving economies and lives in rural America, through loans, grants and loan guarantees. They support local businesses, individuals, and communities by promoting economic development, offering loans and providing technical assistance.

A delay in securing financing through the New Market Tax Credit program for developer Savarino Companies has held up the state of the Ellicott Station project, which is the $18 million redevelopment of the former Della Penna property on Ellicott Street in Batavia.

Julie Pacatte, economic development coordinator for the Batavia Development Corp., said today that Savarino expects to close financing on the project in November.

The original target date was August. (For an explanation of financing for the project, click here.)

This week, survey crews are on site so preliminary engineering work can begin. The surveys will help with floodplain-related design work.

Once financing is done, environmental remediation work can begin. 

"Hopefully, we'll get some favorable days and favorable weather during the winter," Pacatte said. "There's also some work to do inside on Resurgence Brewery. By spring, we should be in full construction mode."

There will also be a workforce recruitment project beginning in the fall, in cooperation with PUSH Buffalo and the Genesee County Work Center aimed at finding jobs for hard-to-place workers.

Savarino, Pacatte​ said, is also inviting local contractors to bid on subcontracts. Bid specs will be available on the Savarino website once the purchase of the property is completed.

Press release:

The local Zonta Club of Batavia-Genesee County is seeking donations for their project assemblying personal care bags for victims of domestic violence.

Zonta Club of Batavia will be assembling the packages in late October and working with the local YWCA to distribute them.

Items needed for the care packages are: Toothpaste, floss, shampoo, conditioner, lotion, hair brush & accessories, razors, shaving cream, feminine products, deodorant, journals, pens, Q-Tips, socks, loofahs, nail polish.

All donations need to be regular-size bottles, please no travel size. All donations can be dropped off to Beth Kemp at T-Shirts Etc, 37 Center St., Batavia.

You may also choose to donate monetarily to assist with purchasing the items needed.

All checks should be made out to: Zonta Club of Batavia-Genesee County and mailed to Zonta Domestic Care Project, 3977 W. Main Street Road, Batavia, NY 14020.

The City of Batavia Republican Committee will be hosting a Chiavetta’s Chicken BBQ from 11 a.m. to 2:30 p.m on Sunday, Oct. 1, at the Town of Batavia Fire Hall, 8382 Lewiston Road.

Dinners are take out only and include 1/2 chicken, potato salad, cole slaw, roll and butter.

Tickets are $10 each and can be purchased from any committee member or at the event.

The Batavia City Schools community is mourning the loss of Lorne Brudz, a student at Batavia High School, who passed away this morning.

The death was announced today on the school district's homepage and Superintendent Chris Dailey sent a letter to parents.

"Our entire school community is mourning the loss of this wonderful young man," Dailey wrote in the letter.

Dailey informed parents that counselors, teachers and support staff are available to assist students, teachers, and parents. He suggested parents talk with their children about the death as it affects people in different ways.

The school district was not informed of the cause of death.

Local officials are being invited to Batavia City Hall at 1:30 p.m. Thursday where Gov. Andrew Cuomo is expected to make an announcement.

What Cuomo will announce is not revealed in the invitation, but the City of Batavia did submit an application to Cuomo's office for the Downtown Revitalization Initiative contest, which carries a $10 million award for one municipality in each of the state's economic development regions.

While winners have been announced in other regions, the winner of the contest in the Finger Lakes region has not yet been announced.

Local officials cannot discuss the reason for Cuomo's visit.

Robert E. Wright, 35, no permanent address, is charged with resisting arrest, obstruction of governmental administration, criminal possession of a narcotic/drug with intent to sell, criminal possession of a narcotic/drug, unregistered motor vehicle, driving without insurance, aggravated unlicensed operation and two counts of unsafe tires.  Wright was arrested following a complaint at 8:46 a.m. Saturday in the area of 563 E. Main St., Batavia, of a man slumped over the steering wheel of a car. At the scene, Wright led officers on a brief foot pursuit. He was also wanted by the Department of Corrections. Wright was ordered held without bail.

Tonya M. Cragg, 38, of Church Street, Tioga, Pa., is charged with criminal use of drug paraphernalia, 2nd, and criminal possession of a controlled substance, 7th. Cragg was allegedly found in possession of a controlled substance at 8:46 a.m. Saturday in the area of 563 E. Main St., Batavia. She was released on an appearance ticket.

Carla Faye Ewell, 59, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlamps. Ewell was stopped at 12:40 a.m. Sept. 9 on East Main Street, Batavia, by Officer Felicia DeGroot.

Earl R. Benson, 51, of South Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and driving on the wrong side of the median. Benson was stopped at 9:56 p.m. Sept. 8 on East Main Street, Batavia, by Officer Christopher Lindsay.

Madison Alyssa Scheurlein, 19, of Overlook Drive, Batavia, is charged with petit larceny. Scheurlein allegedly stole two items from Kohl's valued at $72.

A larceny of cologne just occurred at the Rite Aid on West Main Street Road, Batavia. The suspect fled the store and left in a vehicle, unknown type or description, but possibly black in color. Unknown direction of travel.

The suspect is described as a white male, 6' tall, wearing tan shorts and top and "Adidas flip-flops." Store personnel say they have the theft on video. Law enforcement is responding. 

Press release:

Batavia varsity basketball Coach Buddy Brasky will hold a Basketball Mini-Camp at the Batavia High School gym this fall. This Mini-Camp is for boys in grades 8-12.

The camp will start Thursday, Oct. 5 and run from 7 to 9 p.m. on the following dates: Oct. 5, 12, 16, 19, 23, 26, 30, and Nov. 2.

This program is for the experienced and serious player only!!!  The program will emphasize offensive skill development. Cost for the program is $95.    For more information call Buddy Brasky at 585-356-4050 or email mbrasky@bataviacsd.org   

** PLAYER MUST BRING THEIR OWN BASKETBALL

From information provided by HomeCare & Hospice: 

Help HomeCare & Hospice Foundation Inc. raise funds for area patients and families by participating in its inaugural October Fest on Saturday, Oct. 21.

The event, sponsored by Overhead Door of Batavia, National Fuel, and Stan’s Harley-Davidson, will take place from 6 – 9 p.m. in the Paddock Room at Batavia Downs. It is located at 8315 Park Road, Batavia.

The October Fest will include 25+ vendors for beer, wine, and food tasting, live harness racing, a cash bar, DJ, 50/50 drawing, and more than $2,000 worth of basket raffle prizes! With the purchase of a $25 pre-sale ticket or $30 at the door, you will receive $10 of free play, food, wine and beer sampling vouchers, and a sandwich or bratwurst.

You must be 21 years of age or older to register for and be admitted to the event. Please bring a valid ID the day of the event.

Tickets for the event can be purchased at the HomeCare & Hospice in Batavia, located at 29 Liberty St., or the Warsaw office at 450 N. Main St. You can also purchase tickets at the Genesee County Chamber of Commerce (8276 Park Road, Batavia), Big Pauly’s Pizza (314 Ellicott St., Batavia), or online at HomeCare-Hospice.org/October-Fest.

Special discounted tickets for designated drivers are available for $15. Discounts are also available at the Batavia Downs Hotel for the night of the event. If you are interested, please call the Batavia Downs Hotel at (585) 815-7000 and mention HomeCare & Hospice.

HomeCare & Hospice is also seeking volunteers to help during the event. If you would like to find out more about volunteering or to pre-register for the October Fest, please call Nick O’Keefe at (800) 719-7129 or email him at nokeefe@homecare-hospice.org.

About HomeCare & Hospice

HomeCare & Hospice is a nonprofit organization serving a large population in Western New York. Our focus is on providing patient care as a person enters the later stages to end stage of life, and on alleviating the stress this can cause their families. We do this through providing care within the home and keeping hospital stays to a minimum. We operate on two levels – Providing licensed homecare services as well as hospice services.

To reach HomeCare & Hospice's administrative office in Olean, call (716) 372-5735.

A former Batavia High School student is in her third day of a hunger strike to protest the way the University of Rochester has handled sexual harassment complaints against a professor in UR's Department of Brain and Cognitive Sciences.

Lindsay Wrobel says she won't eat until Dr. Florian Jaeger is removed from the faculty.

Wrobel is not claiming that she was sexually harassed.

Jaeger is at the center of an EEOC complaint filed against the university. 

"Until Professor Jaeger is removed from the university, there’s going to be no trust among the student body," Wrobel said. 

Wrobel graduated from BHS in 2013 and was a Top 10 member of the class.

The sexual harassment allegations have roiled the campus for more than a year but became national news after a long story in Mother Jones. There's also been coverage in The New York Times and Nature.

The university conducted an investigation into the allegations and found no evidence that Jaeger violated its policy. After complaints that the investigation failed to consider all of the evidence or interview all witnesses, the findings were appealed and a dean in another department at UR investigated the appeal and upheld the findings of the original investigation. 

At least one faculty member has resigned in response to UR's handling of the case and others have alleged retaliation for their part in the accusations. The university also investigated these complaints and found no evidence of retaliation.

After seeing Wrobel not looking well, an anonymous person called 9-1-1 on her behalf, but Wrobel reportedly declined medical treatment.

Wrobel said her hunger strike is painful and scary but she intends to persist.

"I fully intend to do this until I’m hospitalized. I think what’s of primary importance is the students on this campus feeling safe. And as of right now, they don’t, and they won’t until Professor Jaeger is removed," Wrobel said. 

Our news partner 13WHAM has been following the story:

• U of R's Seligman responds as student vows hunger strike over harassment case
• Online petition calling for resignation of ill-reputed U of R professor
• Three days into hunger strike, student isn't giving in until professor is gone

Joel Zsebehazy, 33, an Iraq War veteran from Niagara Falls, was sentenced to three to six years in prison by Judge Charles Zambito in County Court this morning.

Attorney Lisa Kroemer, from the Public Defender's Office, requested a two-to-four-year prison term for her client after noting that Zsebehazy was on parole at the time of the robbery, so he now owes the state prison time before he can start serving a sentence on the Key Bank robbery. 

"Given that fact, he's going to be serving a lot of time anyway," Kroemer said.

Zsebehazy apologized for his actions.

"I realize there is no excuse to justify what I did," Zsebehazy said. "I know what I did was wrong. I knew when I went into the situation it was wrong. I know it negatively impacted more people than just myself."

He then apologized to the teller and the court for his crime.

After the robbery, Zsebehazy fled the state. He was eventually located in Lousiana and brought back to Batavia on the bank robbery charge. During his travels, Zsebehazy said, he started attending AA meetings and going to church and felt like he was getting his life back on track.

"I've been making progress in my life," Zsebehazy said. "I know that in no way excuses myself and I stand here ready to make amends in any way I can."

Zambito said he wasn't moved by either the fact that Zsebehazy will spend an even longer time in prison because he was on parole at the time of the robbery or that he was getting his life together. The fact is, Zambito said, he robbed a bank and had to be chased down in order to be brought to justice.

"To say that this has been an opportunity to start a new life by robbing a bank is something I find incredible," Zambito said.

Zambito said Zsebehazy had already received a substantial break on potential prison time when he was offered a plea deal that capped his sentence at three to six years.  To cut it any further wouldn't fit the crime, he said.

Zsebehazy was ordered to start making payments toward restitution while he's incarcerated. Kroemer tried to convince Zambito to delay restitution payments until Zsebehazy is out of prison because Zsebehazy will receive such a minimal allowance for toiletries, writing paper, and other personal items while in prison that any restitution payment would make it difficult for him to obtain necessities. 

She suggested that lack of money for these items is why some prisoners turn to "less than legal activity" in prison.

District Attorney Lawerence Friedman said Zsebehazy should start paying restitution immediately and that prison officials have a formula to take only a portion of a prisoner's money for restitution payments so they still can buy necessities from the prison store.

Zambito agreed.

Photo: file photo

A free check of child safety seats will be available at the City of Batavia's Fire Headquarters from 10 a.m. to 2 p.m. on Saturday, Sept. 23.

The location is 18 Evans St.

Nationally certified technicians will be on hand to answer questions, check product recalls and assist people with making sure their child safety seat is correctly installed.

For questions, please call the Fire Headquarters at 345-6375.

City firefighters are responding to 38 N. Lyon St. for the report of someone burning trash in the back yard. They are responding in non-emergency-mode.

The Batavia Blue Devils moved to 2-1 on the season with a 28-13 victory over Cardinal-O'Hara at Cardinal-O'Hara this afternoon.

Ray Leach rushed for 179 yards on 21 carries and scored a TD.

Chandler Baker gained 91 yards on the ground, scoring once, on nine carries. He was 7-10 passing for 33 yards.

On defense, John Kindig had seven tackles and a fumble recovery. Josh Barber had seven tackles and two interceptions, including one on Cardinal-O'Hara's two-yard line that he returned for a touchdown to close out the game.

Anthony Ray had six tackles.

A complaint came in a few minutes ago of two dogs locked inside a red Volvo in the Walmart parking lot. An officer was called to respond; and susbsequently it was reported that a verbal argument was underway between shoppers and the dog's owner, who returned to the Volvo.

(The National Weather Service in Buffalo says it's 83 degrees outside, with 48-percent humidity.)

Craig Gillard sent in this picture of a couple of men fishing the Tonawanda Creek in Batavia this morning.