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Law and Order: Pair of Batavians arrested in Warsaw on drug charges

By Billie Owens

Kevin J. Jackson Jr., 30, and Briana S. Green, 23, both of Batavia, were arrested June 7 after a traffic stop was conducted on Route 19 in the Town of Warsaw by Wyoming County Sheriff's deputies. Jackson is charged with: driving while ability impaired by drugs; criminal possession of a controlled substance in the third degree -- stimulant (methamphetamine) with intent to sell, two counts; and multiple vehicle and traffic violations. Upon speaking with Jackson, the operator of the vehicle, deputies allege they observed signs of drug impairment. A roadside investigation was conducted, including field sobriety testing. A search of Jackson's vehicle allegedly found a quantity of meth, packaging material and drug paraphernalia. His passenger, Green, was charged with: criminal possession of a controlled substance in the third degree  -- a stimulant (meth) with intent to sell; criminal possession of a weapon in the fourth degree; criminal possession of a controlled substance in the seventh degree; and two counts of criminal use of drug paraphernalia. Jackson was arraigned in Town of Warsaw Court and released on his own recognizance. Green's disposition was not provided. Both are due in Town of Warsaw Court at a later date. The cases were handled by Wyoming County Sheriff's Deputy Bliss, assisted by Deputy Nowak.

James R. Tillery, 47, of Farwell Drive, Batavia, is charged with third-degree criminal tampering. He was arrested at 4:35 p.m. on June 4 for allegedly mowing a profane word (unspecified) into grass on city property on Farwell Drive. He was issued an appearance ticket returnable to Batavia City Court at 1 p.m. on July 21. The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Austin Hedges.

Luis A. Ramos-Mercado, 35, of South Main Street, Batavia, is charged with: first-degree criminal contempt; third-degree assault; criminal obstruction of breathing; and endangering the welfare of a child. Ramos-Mercado was arrested following a domestic incident that occurred at 4:44 a.m. on June 6 outside a residence on Ellicott Avenue. He was arraigned in Batavia City Court and put in jail. No bail information provided. He is due back in city court on July 7. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Sean Wilson.

Shaleesa H. Woods, 29, of South Swan Street, Batavia, is charged with second-degree harassment. Woods was arrested after an altercation that stemmed from a domestic incident on South Swan Street at 6:04 p.m. June 2. It is alleged that Woods struck a female in the back of the head. She was issued an appearance ticket to be in Batavia City Court on July 14, then released from custody. The case was handled by Batavia Police Officer Alec Roberts.

Jamie M. Cyr, 38, of Bank Street, Batavia, is charged with fourth-degree grand larceny and fourth-degree criminal mischief. He was arrested on June 9 following the investigation of a domestic incident that occurred at 8:38 that evening at an apartment on Bank Street. Cyr is accused of stealing a person's cell phone during a domestic incident and damaging a door. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Erick Ruldolf Horning, 30, of Tracy Avenue, Batavia, is charged with second-degree harassment. Horning was arrested after on ongoing dispute between neighbors that occurred at 6:55 p.m. on June 8 on Tracy Avenue. He was issued a computer-generated computer ticket returnable to Batavia City Court on July 14. The  case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Adam Tucker.

Thomas J. Wolcott, 36, of Hutchins Street, Batavia, is charged with second-degree criminal contempt following an investigation into a domestic incident. It is alleged that Wolcott violated an order of protection at 7:09 p.m. on June 8 on Central Avenue, Batavia. Wolcott was issued an appearance ticket and is due in Batavia City Court on July 14. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Andre Lamar Roberts, 27, of Main Street, Alexander, is charged with fourth-degree criminal mischief. On June 6, Roberts was arrested at the Speedway gas station and convenience store on West Main Street in Batavia following the investigation of a domestic incident that occurred June 2 on West Main Street. He was arraigned in Batavia City Court and is due back there on July 16. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Sean Wilson.

Shawna M. Purcel, 42, of Tracy Avenue, Batavia, is charged with second-degree contempt. Purcel was arrested on June 4 for violating an order of protection after she was allegedly found sitting outside her ex-boyfriend's residence. She was issued an appearance ticket to be in Batavia City Court on July 16, then released from custody. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Austin Hedges.

Developer of Brickhouse Commons in Pembroke to reach out to national restaurant chain

By Mike Pettinella

The developer of a proposed mixed-use building across from Pembroke Central High School on Route 77 says he plans to find a national chain to occupy retail space on the first floor of the 32,000-square-foot facility that also will include 17 apartments on the second and third floors.

Randy Fancher, president of Fancher Properties, today said he’s looking forward to continuing the process after receiving a recommendation of approval with modifications of a special use permit from the Genesee County Planning Board on Thursday night.

“We do have a commercial space available with a drive-thru, so once we get the Town’s blessing on the 24th, we’re going to start soliciting Mighty Taco, Starbucks, some national chain to be an anchor tenant,” said Fancher, speaking of the Brickhouse Commons LLC project.

The Pembroke Town Planning Board will consider granting final approval of the project at its next meeting on June 24.

Fancher said Fancher Properties (his brother, Jeff, is vice president) is entering into the development arena for the first time.

“We work in the construction industry and we work on these projects all over Western New York,” he said. “We’ve not physically been the owner of one, but we’re involved in a lot of them. This exact building was just built in Rochester by another developer and we bought their plans.”

The plan is to construct a three-story multi-use building featuring 8,200 square feet of space for retail businesses as well as indoor parking and fitness area for tenants on the first floor and 15 two-bedroom and two one-bedroom apartments on the second and third floors.

The $3 million development will be located at the Genesee County Economic Development Center’s Buffalo East Technology Park in the Town of Pembroke’s Interchange District.

Fancher said he has received a verbal commitment from the GCEDC on his company’s request for $615,924 of property, sales, and mortgage tax incentives. GCEDC officials estimate that the project will produce $5.50 of economic impact for every $1 of proposed incentives.

Genesee County planners supported the plan, but called for revisions that include a driveway connection or road extension between the parking lot and Brick House Corners Drive, and a pedestrian connection between the development and Tim Hortons to the north.

They also urged Fancher to consult with Pembroke Central School District administration to address potential safety issues involved pedestrians – primarily students – crossing Route 77.

Fancher, whose children attend Pembroke Central, said that is a priority.

“As far as the crosswalk, I have no problems talking with the DOT (Department of Transportation) to see what their recommendations are to make it safe,” he said.

County planners also questioned the configuration of the drive-thru, noting that the site plan has it passing through parking spots.

“The drive-thru set up is a little unique but the engineer that we’ve worked with has done this on other projects in Buffalo and Ellicottville,” Fancher said. “The way the property is laid out, that’s the way the drive-thru has to be.”

He said a “best-case scenario” has construction starting this fall with completion in the fall of 2021.

In other action, county planners recommended:

-- Approval of a referral of the “final plat” of the Clinton Gardens Subdivision filed by Batavia Homes & Development (owners John and Leslie Harrower) on property behind 387 Garden Drive.

The proposal outlines the division of a portion of the property’s 11 acres into six separate single-family parcels on detached lots, with five of them dimensioned for development and the remaining portion to be set aside for future development.

Robert Pidanick, senior project manager for Nussbaumer & Clarke Inc., of Buffalo, said the project will result in the connection of the current dead-end streets Carolwood Drive and Harrold Square, adding that work on 460 feet of new road is expected to be start next week.

He also said that one home is already under construction.

Future plans call for the creation of 17 more lots to complete the development, Pidanick said.

The project will be considered by the City Planning & Development Committee next Tuesday.

-- Approval of a referral for a special use permit and area variance for an addition of 20 housing units at DePaul Apartments, 555 E. Main St., Batavia.

The plan calls for the construction of a 20,100-square-foot, two-story addition on the north side of the existing 42-unit development for low-income tenants. Other work includes the expansion of the parking area, adjustment of the storm drainage system and site grading.

This project also will go before the City Planning & Development Committee on Tuesday.

-- Approval with modifications on a referral for a special use permit submitted by Martin Rivers for a motor vehicle repair shop within a commercial district at 5278 Clinton Street Road, Batavia, (on the property of R&D Electronics).

Planners require that the owner make sure that signage complies with zoning regulations and that storage and disposal of waste oils are consistent with state and federal laws.

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Clarification: In the sixth paragraph, Randy Fancher said he was in the "construction business."

Legislators react to 36 percent sales tax loss, debate need for revised revenue distribution agreement

By Mike Pettinella

With so many moving parts and so little direction, it’s no wonder the Genesee County Legislature is pulling its collective hair out trying to assemble a concrete financial plan.

Legislators engaged in a Committee of the Whole discussion via Zoom on Wednesday night following their regular meeting. Seventy minutes later they came away with updated information from high-level county employees regarding the government’s current status -- including the bad news that sales tax receipts for the month of May were down by nearly 36 percent.

As to how to proceed, however, uncertainty over another federal stimulus bill and the amount of reduction (if any) in state aid continues to thwart lawmakers committed to doing what is best for their constituents.

“Our financial situation is unclear, yet we have partners to be mindful of,” Legislature Chair Rochelle Stein said, emphasizing that the county intends to share revenue with municipalities once vital details come into view.

County Manager Jay Gsell, Assistant Manager Matt Landers, County Attorney Kevin Earl, Highway Superintendent Tim Hens and County Treasurer Scott German provided updates of various segments of the government.

Gsell set the stage by reporting that the June payment from Tax & Finance reflected a 35.95 percent reduction in revenue generated by May sales and, overall, county sales tax revenues are down 5.47 percent this year as compared to the same time in 2019.

Noting the 40-year sales tax agreement with the City of Batavia, Gsell said “whatever hit we take, they’ll take the same.”

He said that the county has incurred significant revenue losses thus far in 2020, data that prompted the legislature last month to rescind the treasurer’s authority to release revenue distribution payments to towns and villages.

Still, Gsell said he is optimistic that a new federal stimulus package (Fed Stim 4) will come to fruition. Another stimulus is supported by Congressman Tom Reed of the 23rd District and New York’s U.S. senators.

“We’re hopeful that sometime within the next seven to 10 days, Washington will finally coalesce around some part of a federal stimulus package … for direct assistance to local governments across the entire spectrum of counties, cities, towns and villages in regard to the impacts upon the economy and COVID-19 expenses,” he said.

Gsell reported that the county has saved approximately $1.4 million in its 2020 operating budget by cutting programs and expenses, deferring capital projects and implementing furloughs and strategic job freezes – bracing for losses in sales tax (which already has happened) and a potential 20 percent cut in state aid.

A recap of the Committee of the Whole meeting follows:

REVENUE SHARING

Gsell and Landers proposed a revised revenue distribution sharing agreement with the towns and villages, possibly a document that sets what is shared in proportion to the amount the county receives. They said they were asked by legislators to craft something to indicate the county’s willingness to share revenue in the future.

Calling it a “balancing act,” Landers said he was open to drafting something for a second-quarter distribution, one that would be based on 2020 sales tax projections, not 2018 as was the case with the previous agreement, and one that would include wording to protect the county.

“It could be structured so that it would go down at the same level that the county goes down, but then allow for all the additional wording – reduction of AIM (Aid and Incentives to Municipalities), cost shifts, water surcharge, equalization,” he said.

“Structure it so it is fluid enough to weather the currently known problems that are facing us – sales tax, state aid reductions, potential Medicaid cap implications.”

At that point, Andrew Young cut in, acting surprised that the idea would even be brought up.

“Why would we even be considering this at this point? The whole reason that we put ourselves in this position is because we knew nothing. We know a little more, but we still know nothing,” Young said.

“… Let’s move forward, when we do know more, whether that’s a month or two months or five months down the road, then we’ll figure it out from there.”

Marianne Clattenburg agreed with Young, while John Deleo said that since he didn’t trust the governor, “we could put ourselves in a predicament” with a revised agreement now.

Gordon Dibble also acted surprised by the proposal.

“All I ever asked for is to see a draft – I’m not even talking about voting on anything – but I’ve asked to see a draft of a potential document or something like that,” he said. “Something that we could look at, and we can run best-case, worst-case scenarios, and see what the results would be. That’s all I was ever asking for.”

Gsell replied, “We can do whatever you guys want.”

Christian Yunker and Gregg Torrey offered that the exercise would be a good faith effort to the towns and villages, but stopped short of a committing themselves to something they couldn’t pay.

Stein closed this segment by advising the board to wait a bit longer.

“What I’m hearing right now that there is still more to be learned, more to understand before any type of decision can be made,” she said. “Mandated services (county obligations) have not been relaxed. We have taken incredible steps in our government to reduce our spending, to pause and halt our capital projects, to freeze and furlough positions in the county – and those are not easy things to do.”

“I believe that we cannot make a decision, but it is a conversation that we have pledged ourselves to that there will be an intent to share and we need to continue to have this conversation in public so that our partners understand that it is occurring and it is happening,” she said.

CAPITAL PROJECTS

Hens said that he has deferred or eliminated close to $1 million capital projects for 2020, with only two fire alarm system projects moving forward at a total cost of $113,000. For 2021, an additional $600,000 in work has been deferred.

“At this point, we’ve got it scaled back about as far as I really am comfortable scaling back,” he said. “Anything further puts us in a bad spot as far as exposure or liability problems.”

He also reported a significant savings on the replacement of decking on the McLernon Road bridge in the Town of Bethany by using beams in stock to replace the entire superstructure of the bridge at a cost of only $50,000.

The bridge was scheduled to be replaced in a couple years as part of a $1.6 million project, but Hens said he decided to return the federal aid portion.

“We should be able to replace the entire superstructure of that bridge with our local share and that will buy us 20-30 years of life on that bridge,” he said, noting that the bridge will be closed only for the month of July.

Hens also said he submitted a $4.7 million reimbursement request to Monroe County (Water Authority) “to make us whole on the money we spent – that we set aside from our infrastructure reserve – so hopefully we will have that back in the next week or two.”

HIGHWAY FUNDING

Hens said that although he has received a guarantee of 80 percent of the federal Consolidated Local Street and Highway Improvement Program (CHIPS), Extreme Weather and Pave New York funding, his current capital plan is at the 85 percent level – which means he won’t have to make a lot of cuts.

If a federal stimulus does arrive, he said he would use the extra $350,000 to Chipseal (oil and stone) county roads “to get the biggest bank for our back in regards to road maintenance.”

He also said Town of Bethany laid off its highway department for June, July and August. That means county crews may have to provide mowing services there during the summer months.

FURLOUGHS & FREEZES

Gsell said the county is saving $99,000 per month as a result of its job freeze and another $75,000 a month through furloughs.

He said that there are 41 vacant positions – 30 of them full-time – that aren’t being filled at this time and there are 40 employees who have been furloughed and currently collecting unemployment benefits as well as the extra $600 per week in enhanced benefits.

“Upon three days’ notice, if we need them back, they will come back,” he said. “We’re looking to take some all the way through the 90 days.”

The county is in its third month of the furlough and freeze, resulting in more than $500,000 in savings thus far.

COUNTY JAIL

Landers said discussion on the proposed new $60 million county jail is scheduled for next Monday's Public Service Committee meeting.

“It is paused right now and probably will be paused for a while now,” he said, acknowledging that there also are expenses involved with keeping current jail on West Main Street open for any length of time.

Clattenburg said she is concerned about funding a new jail in light of the May sales tax figures.

“We were going to build on sales tax growth and we were counting on growth level of 2 percent a year and now we have a 36 percent drop,” she said. “I think we need to fundamentally ask the question of how we’re going to fund the jail and stay within a property tax cap before we work on a framework for sales tax or revenue sharing distribution.”

MEDICAID MONEY

Legislators, in a resolution, are looking to the governor to release $469,000 in Medicaid funds stemming from the pandemic response to Genesee County to provide some partial fiscal relief.

“This would be a reduction over the balance of this calendar year in our weekly shares of Medicaid,” Gsell said. "Keep up the pressure. That money has our name on it and should be put to our use in our ability to start even just treading water with regard to the 2020 budget."

OUTSIDE AGENCIES

Legislators concluded the discussion by reviewing contracts with outside agencies.

Gsell said that $279,000 in commitments have yet to be paid this year, with the largest amounts being owed to Genesee County Economic Development Center and to Cornell Cooperative Extension.

Earl said any changes in these agreements that have no “out clause” can be made only if both parties agree.

Other agencies discussed were GO ART!, Genesee County Chamber of Commerce, Business Education Alliance, Mercy Flight and Genesee County Agricultural Society.

After several minutes of debate, legislators could not come to a consensus as to whether to stop funding these agencies or to put pending payments on hold.

German was advised that the final payment to Genesee Community College – more than $1 million – has to go out per state education law.

Legislators also learned that, as of March, there will be little or no more bed tax distribution for the rest of this year to the Chamber of Commerce, with both parties acknowledging such. The county did make a $110,000 payment to the tourism agency in bed tax proceeds generated from Dec. 2019 through Feb. 2020. (Also, the entire Chamber of Commerce staff is currently furloughed at 50 percent through the shared work program).

Clattenburg and Young said they were against withholding funds to these agencies.

“The big dollars have already gone out – we’re going to be hurting the small ones like the Holland Land Office that we fund …,” she said. “I was of the opinion that if we were going to cut everybody by 20 percent across the board, but this was my fear – that some people were going to get all their money and some people would get none of their money. So, I would not support it.”

Young said he felt it would be “more destructive to these agencies than any benefit that we’ll see out of it.”

In other developments:

-- The legislature officially welcomed Chad Klotzbach, of Basom, as the new District No. 1 representative (Alabama and Oakfield).  Klotzbach, 31, replaces John Hilchey, who resigned in May. County Attorney Earl performed the swearing in ceremony. Klotzbach’s term runs through Dec. 31, but he is eligible to run for election in November.

-- Stein, reporting as a member of the Finger Lakes Region control room, credited residents for “doing a great job … following those guidelines and we ask you as our citizens to continue to model terrific behavior … and we look forward to better days ahead.”

Phase Three of the state’s reopening plan is scheduled to begin on Friday. Business and services include indoor food and drink consumption at restaurants and bars, with 50-percent maximum occupancy, exclusive of employees, and social distancing measures in place. Also, included are spas, nail salons, tattoo piercing facilities, appearance enhancement practitioners, massage therapy, cosmetology, tanning salons and waxing services.

Resident with COVID-19 symptoms attended Sunday's 'March for Justice' now tests positive

By Billie Owens

Health Update from the Genesee County Health Department:

The Genesee County Health Department received notification that a Genesee County resident who attended the “March for Justice” event on Sunday, June 7th, in Batavia has tested positive for COVID-19.

The individual did not know they were positive prior to attending the event but exhibited symptoms associated to COVID-19 at the event.

The individual reported to have been wearing a mask the entire time they were at the event from approximately 9:30 a.m. to 12:30 p.m.

Currently three close contacts have been placed under mandatory quarantine in Genesee County and two additional close contacts reside outside of the county.

“Although the warmer weather is here, COVID-19 is still very much in ourcommunities” stated Paul Pettit, Public Health director of Genesee and Orleans County Health Departments.

“We must continue to take actionsto decrease the spread of the virus by wearing masks, practicing social distancing, washing hands regularly for 20 seconds with soap and water, and avoiding large crowds such as social events and parties.”

Pettit also mentioned that an increase in cases may slow down the reopening of businesses in our region.

“Our region must maintain a set of metrics in order to continue the phased reopening in our region," Pettit said. "If we see a spike in cases or hospitalizations, the reopening process will either be delayed or stopped depending on the metrics.”

Click here to view the NYS COVID-19 Regional Metrics Dashboard.

Although the exposure risk is low, anyone who attended the “March for Justice” is encouraged to monitor their symptoms for 14 days from the event until June 21st.

If symptoms develop, contact your primary care provider or click here to find a testing site near you.

Governor Cuomo is also urging all people who attended a protest or rally to get a COVID-19 test (please click the link above to find a testing site near you).

Symptoms of COVID-19 may include: a fever of 100.4 or greater, fatigue, loss of taste and and/or smell, headache, cough or difficulty breathing, sore throat, congestion, nausea, vomiting, or diarrhea.

Health Updates provide new or updated information on an incident or situation; can also provide information to update a previously sent Health Alert, Health Advisory, or Health Guidance; unlikely to require immediate action.

'June is Dairy Month' proclamation honors farmers, dairy princess court

By Mike Pettinella

Ice cream, ice cream, we all scream for ice cream.

While they didn’t shout it out, Genesee County legislators made it clear that they missed enjoying the frozen dairy treats that are distributed once a year by the Genesee County Dairy Princess Court during the ceremony designating June as “Dairy Month.”

The reading of the proclamation by Legislator Gregg Torrey kicked off this afternoon's legislature meeting, which took place via Zoom videoconferencing.

In part, the decree stated that the “Dairy Industry has contributed to the development and prosperity of our community since the earliest formation of Genesee County … and that dairy farmers and farmworkers strive to produce wholesome dairy milk, which is used to make delicious dairy products … that provide health benefits and valuable nutritional benefit to residents locally, regionally and globally.”

Natasha (Stein) Sutherland, co-owner of Stein Farms and a member of Genesee County Farm Bureau, said the honor holds a special meaning for rural counties such as Genesee.

“It is well-earned and it happened at a perfect moment (where) we can stop and say ‘thank you, Dairy’ but also thank you to each other during this time when support is so needed and the industry is finally reopening,” she said.

After that, Dairy Princess Miah Werth, a junior at Elba Central School, pointed to dairy’s nutritional value as she thanked the legislature for recognizing the industry.

“Dairy is extremely important for our health as it provides a unique variety of nutrients that our body needs,” she said, noting that milk and cheese contain high percentages of essential vitamins and protein.

Werth said the Genesee County Dairy Court’s No. 1 goal is to educate the public on “how hard dairy farmers work every day.”

“It is important for us to continue to support them as they have always been the heart and backbone of our county,” she said.

She then introduced the members of this year’s Dairy Court:

Dairy Ambassadors -- Amelia Brewer, Jillian Brewer, Georgia Luft, Carolyn Sybertz and Maggie Winspear.

Dairy Maids -- Chloe Lamb, Claire Lamb, Caroline Luft and Annalise Sybertz.

Legislator Marianne Clattenburg thanked the young ladies for their efforts, and left them with a reminder of past years.

“I wish we could be with you because we’re really missing our ice cream,” she quipped.

In Genesee County, one new positive case, three recovered

By Howard B. Owens

Press release:

  • As of 2 p.m.
    • Genesee County received one new positive case of COVID-19, for a total of 199 positive cases.
      • The new positive individual resides in Batavia.
      • The person is in their 60s.
      • The new positive case was not on mandatory quarantine prior to testing positive.
      • Three of the previous community positive cases have recovered and have been released from mandatory isolation.
      • Zero of the total active positive cases are hospitalized.
    • Orleans County received zero new positive cases of COVID-19, for a total of 244 positive cases.
      • Seventeen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
      • We are truly saddened to report we have lost three of our county residents to COVID-19. All three of the individuals were residents of Orchard Rehabilitation & Nursing Center. Our deepest condolences to each of these individual’s family and friends during this very difficult time.

City Council members grapple over subject of BBQ for Equality miscommunication

By Mike Pettinella

Batavia City Council members are united in touting Sunday’s March for Justice as a huge success, but declined to shed much light upon the miscommunication over a proposed City-supported BBQ for Equality that failed to materialize.

However, The Batavian has learned that the snafu over the barbecue at Williams Park – which was cancelled and set the stage for the March for Justice outside of the City Centre – may have triggered some far-reaching repercussions.

When contacted today about his reaction to the protest and comments on the ill-fated BBQ for Equality, Council Member Robert Bialkowski said that a significant discussion took place during a 90-minute executive session following Monday night’s City Council meeting.

Asked if there was more to the post-meeting debate, he said, “As usual, in politics there’s always something going on, but I can’t comment,” he said. “You’ll know soon enough. When things are going smooth, sometimes people have to rock the boat. And when they fall in the river, then they cry.”

JANKOWSKI: 'NO COMMENT'

Council President Eugene Jankowski, when advised of Bialkowski’s statement, said “that since this is a personnel matter, I can’t comment at this time.”

Calls to City Manager Martin Moore's office and cell phone were not returned at the time of this story's posting.

Problems arose on June 1 after published reports indicated that the City of Batavia (in conjunction with City Church) would be providing food at no charge at the Williams Park barbecue, and that Police Chief Shawn Heubusch would be the guest speaker.

Jankowski acknowledged there was a disconnect between organizer Macy Paradise and the city manager’s office.

“Speaking for myself as an individual council member, when I heard about the BBQ I contacted the city manager,” he said. “I was told there was miscommunication between the organizers and the manager’s office – and I acted upon that information.”

At that point, Jankowski said he posted on Facebook the process for groups to have an event in the City – that it had to go through City Council first with an event application and insurance in place.

“That had not been done at the point,” he said, “because the next Council meeting wasn’t until the day after the scheduled barbecue.”

BIALKOWSKI: 'CONFUSION, HEARSAY'

Other council members said they weren’t clear about the “negotiations” between the city manager and organizers, with Bialkowski mentioning that he has heard several stories but none of the facts.

“There was a lot of confusion and a lot of hearsay,” he said. “It’s really easy to point fingers that somebody did something but … unless you were there.”

Rose Mary Christian emphasized that the request did not come before City Council and that no one had the authority to say that the City would purchase food. She contends that the event organizer misunderstood Moore.

“We’re in a financial bind with this COVID-19, and have lost VLT money and sales tax revenue, and many people are still unemployed,” she said.

Regardless, the situation put the City in a tenuous position, with many people commenting on social media that City officials reneged on a promise.

PROTEST ACCOMPLISHES GOAL

Concerning the March for Justice, Council members agreed that it was a worthwhile and momentous occasion.

“I am very pleased that it was peaceful and glad that they did because they need to get their point across,” Paul Viele said. “Everyone needs to be treated equal and fairly.”

Viele and the other council members mentioned health reasons for not being able to attend, citing COVID-19 concerns, but all said they wish to engage in further conversations.

Patti Pacino called the march “fabulous.”

“They were peaceful and they cared and they meant what they said,” she said. “I’m all for it and I’m very proud that it went off so well in our city. I know many people who were there, and they said the feeling was good.”

She added that people’s feelings cannot be taken lightly.

PACINO: 'THIS IS SERIOUS'

“I think it brought the point home to a lot of people that this is serious; this is a real thing. It’s not just people griping,” she said.

Christian said the “Black Lives Matter march was really, really good in the City of Batavia” but didn’t think many people are being treated unjustly here.

“If you break the law, you have to pay for that – one way or another,” she said. “As for the protest, it was very well organized and very well participated by people.”

Bialkowski said he was pleased that the protest was peaceful.

“I am glad the whole thing went off without any hitches – only one arrest,” he said.

As for the other Council members, Al McGinnis said he did not want to comment, Jeremy Karas could not be reached and John Canale and Kathleen Briggs did not return phone messages. 

Jankowski reported his positive thoughts at Monday’s Council meeting, and pledged to do whatever he could to foster a better relationship between Council and Batavia’s people of color.

Moore credits law enforcement, Jankowski impressed by protesters' 'genuine love of community'

By Mike Pettinella

While Batavia City Manager Martin Moore focused on the professionalism of local law enforcement during the “March for Justice” outside of the City Centre on Sunday, City Council President Eugene Jankowski zeroed in on the protesters’ “genuine love of the community.”

Speaking at tonight’s City Council Business Meeting at City Centre Council chambers, Jankowski said he was impressed by the passion and positive attitudes that were exhibited during an event marked by chants and signs calling for racial equality.

“One of the things that I really took home from that event yesterday is that everybody there was in a good positive mood … and there’s really a genuine love of the community there,” Jankowski said in a brief report to his colleagues. “They were shocked, at least that’s what they told me, … that people thought they might hurt the community because they love it.”

Prefacing his remarks by noting that he was invited by organizers to attend, Jankowski said people of color are looking for more community involvement by the police department, more police accountability to a higher authority (New York State) and fair treatment in the community.

“They feel uncomfortable in businesses, and I’m not sure how we can address that, but some of the members of the march feel like they are looked at differently when they go into a business,” he said. “They (say they) are treated like a drug dealer or a criminal because maybe someone of color at one point was a drug dealer or a criminal. And they feel like they get followed around, and that makes them uncomfortable.”

Jankowski said some other comments included the desire to see more minorities in local jobs, such as in the police and fire departments and school system, which may include civil service exams.

“We can get that information out and encourage people to participate,” he advised.

He encouraged citizens to contact City Council with concerns but did note that the City’s email server has been out of operation for a few days and should be fixed by the end of the week.

Moore, on the other hand, commended fire, police and public works personnel for coming together “seamlessly when it came to actually implement this plan.”

“It was clear, it was well thought out, it was well designed," he said. "Our thanks go out to our state and federal partners, and our county partners. They did a lot of work; a lot of hard work. There were a number of moving parts going on throughout the City during this event and every one of them came off, as far as we can tell, pretty seamlessly.”

The manager went on to say that City police and others from several communities and state and federal agencies “conducted themselves extremely well.”

“It was good to see us not have to bring some of the resources in that were ready to come in if they needed to. That was a relief, and it was also a relief to know that they were there,” he said.

Moore thanked everyone who participated and those who “were there to protect and serve.”

“I got to watch it from many different angles and it was very refreshing to see,” he said. “It was good to see the aftermath, which might have been a concern but, again, our law enforcement was well prepared and ready for it. Things that could have been challenging or serious weren’t.”

On another front, Moore said he spoke with a representative of the Federal Emergency Management Administration this morning and is setting up a meeting to go over COVID-19-related expenses incurred by the City as it seeks reimbursement.

He said department heads have been documenting expenses they believe will qualify to be reimbursed.

In another development, Council voted in favor of a resolution to increase the level of the City’s unassigned fund balance from 10 percent to a range of 15 to 25 percent of the general fund’s operating expenditures.

Moore pushed for the fund policy change in light of the coronavirus and its impact upon municipal governments.

“An event like COVID-19 that hammered the economy the way it did is not sufficient,” he said. “Fifteen to 25 (percent) does two things. We wanted to set ourselves a higher floor and we also want to set a ceiling to shoot for.”

He said the increase “sends a signal” to the state Comptroller’s Office, residents and auditors that the City is prepared for a worst-case scenario on the revenue side.

Council members discussed this resolution at length at its Conference Meeting last month, but for only a few minutes this time before approving it.

In other action, Council:

-- Approved an appropriation of a $554,112 grant from the state Department of Health to replace up to 75 lead service lines on Swan, Hutchins and Otis streets;

-- Approved an $18,750 contract with LaBella Associates PC of Rochester to provide administration/engineering services for a $750,000 Downtown Revitalization Initiative project to improve Jackson Square.

Council’s first face-to-face (or more appropriately, space-to-space) meeting since early March was beset by audio problems, especially on Zoom and also on Facebook Live. It did get easier to hear on Facebook Live as the meeting progressed, however.

City Council president to people of color: 'The conversation will continue'

By Mike Pettinella
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Batavia City Council President Eugene Jankowski said he plans to continue the conversation started by speakers at Sunday’s Downtown “March for Justice,” assuring people of color in the community that city leaders will be open to their concerns.

“What I can say is ‘get your council person involved; we’ll help you,’ ” Jankowski said today as he prepares comments to be shared with other council members at tonight’s Business Meeting.

Council members will gather at City Hall for the first time since early March, but the public and media will not be allowed to attend – instead having to view it via Zoom videoconferencing or Facebook Live.

Jankowski said he wasn’t aware of the hesitancy among African Americans and other minorities to contact City Council.

“There are certain members of the community that apparently didn’t feel comfortable calling us, and they didn’t know why they didn’t feel comfortable calling us,” he said. “So, they want to call us now and I say, ‘Please do.’ ”

Jankowski said organizers of the protest, which drew hundreds of residents to gather in front of the City Centre and march on Main Street, invited him to attend. He and Police Chief Shawn Heubusch stood quietly by as speakers with megaphones addressed the crowd.

What the two men heard were impassioned pleas for city officials to “hear our cries … this is my community … we are uncomfortable … Black Lives Matter.”

They also heard from speakers who said they have been harassed by police, don’t feel welcome in restaurants and other public places and are fearful for their children’s safety.

“This is very emotional. I didn’t realize some of the pain that the members of our community were feeling. It definitely sparks me to work a little harder to try to drill down and find out what we can do to make everyone who lives here feel that they’re included and welcome here,” Jankowski said when interviewed by The Batavian during the event.

Victor Thomas, the protest’s key speaker, said he believes the peaceful protest was a good beginning.

“We got our message across," Thomas said. "You can see that Batavia is standing with us today – and that’s a beautiful thing. But it doesn’t stop today. Today is just a start. We’ve got to continue the conversation." 

He issued a call to “push this agenda to prove that this is our community.”

“It’s not what they said. Not with these boards on these windows. Not this negative vibe that they were sending around town about buses coming in here. This is Batavia. This has always been Batavia,” he said. “We thank you for listening to us, but we need to see some action. We will continue to march for justice.”

Jankowski said he plans to stay in touch with organizers and bring their issues to City Council.

“My belief, from what I’ve been told by the organizers, is that they are reaching out to all members of Council to create a path of communication going forward,” said Jankowski, who apparently was the only council member to attend the protest.

Heubusch acknowledged that “this is a conversation that is long overdue for all of us, I think.”

“We’re certainly going to start that conversation,” he said, calling the protesters “a bunch of good guys here and a bunch of great women that want to do the right thing. So, we’re here to help in any way we can. We want to help keep the peace and move this community forward.”

Batavia City School District Superintendent Anibal Soler Jr., a person of color, also spoke on Sunday.

Afterward, he pointed to the “pain and hurt” across the nation.

“It’s no different here in Batavia. There’s been lack of visibility of people of color in various positions,” he said, noting that 22 percent of Batavia students are either African American or Latino. “But it is important to be unified – just to let them know we’re in this together. This we have to address, and the best way to solve this is to get engaged and get involved.”

Law and Order: Level 3 sexually violent offender on Oak Street accused of failure to report an email address

By Billie Owens

Alan D. Tidd Jr., 30, of Oak Street, Batavia, is a Level 3 sexually violent offender who is charged with failure to report a change in contact information within 10 days -- first offense. It is alleged that Tidd failed to disclose an email he had been using to exchange pornographic material, solicit sexual acts, and create accounts on online dating websites. He was arrested on May 19 then released with an appearance ticket for arraignment in Batavia City Court at 1 p.m. on July 14. The case was investigated by Batavia Police Officer Jason Ivison, assisted by Genesee County Parole.

Darrell Smith, 53, of Jerome Place, Batavia, is charged with third-degree assault. It is alleged that he struck a person and caused injury during a domestic incident at 6 p.m. on May 31 on Oak Street, Batavia. He was arrested, arraigned in Batavia City Court and then released. He is due back in city court on July 16. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Paul David Hussey, 64, of Hurricane Mills, Tenn., is charged with bail jumping in the second degree. Hussey failure to appear in Genesee County Court on Oct. 24 for sentencing on charges of attempted criminal possession of a controlled substance in the third degree and reckless endangerment in the first degree (no other details provided). He was arrested at the Port of Seattle in the State of Washington in February. After obtaining a Governor's Warrant, he was extradited back to New York State and arraigned in county court and jailed without bail. The case was handled by Batavia Police Sgt. Thomas Sanfratello.

Shawna M. Purcell, 42, of Tracy Avenue, Batavia, is charged with second-degree criminal trespass. It is alleged that at 6:27 p.m. on June 3 that Pursel entered a private residence on Eleanor Place in Batavia and refused to leave when asked to do so. She was arraigned in Batavia City Court via Skype and released on her own recognizance. She is due bak in city court on July 16. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Austin Hedges.

Governor's executive order delays school budget, board ballot tabulations until June 16

By Mike Pettinella

Over the past couple weeks, Genesee County school districts -- like others throughout the state -- have been gearing up for Tuesday’s counting of paper ballots that will determine the outcome of 2020-21 budgets, propositions and board of education elections.

Now, per an executive order signed on Sunday by Gov. Andrew Cuomo, it looks as though they’ll have to wait a bit longer.

The legislation extends the deadline for submitting school budget absentee ballots by mail through June 16, while retaining the requirement that ballots can be delivered by hand to school offices through 5 p.m. tomorrow.

“Obviously, it will delay our process by a week,” said Scott Rozanski, Batavia City School District business administrator. “Tentatively, we will begin to count on June 16 once mail is received.”

Rozanski said he has yet to receive specific guidance on the legislation, which also extends the deadline to submit absentee ballots for the Primary Election until June 23 -- the day of the election.

In a press release, Cuomo said “the COVID-19 pandemic has changed our world, and while we are making great progress and the numbers keep going down, no New Yorker should have to choose between their health and their right to vote.”

Robert Schneider, executive director of the New York State School Boards Association, said, in a press release, the delay muddles the school budget process even further.

“The executive order will likely cause confusion among voters in districts that did not face supply chain issues, thereby adding to what has been an extremely frustrating, costly and cumbersome board election and school budget vote process,” Schneider said.

Rozanski and John Fisgus, Oakfield-Alabama Central School superintendent, said they are ready to count their district’s ballots, and both are reporting a significant increase in voter participation.

“We received over 300 ballots a day for the first four days (since May 29) and now they're coming in at around 150 per day,” Rozanski said. “This will be the highest number of votes since I arrived in 2003. We have already exceeded the highest number, which was in 2012-13.”

Last year, about 550 votes were cast in Batavia.

At Oakfield-Alabama, Fisgus said that more than 700 ballots had been received as of last Friday – more than three times the number of voters in 2019.

As far as counting the ballots is concerned, both districts have their teams in place and will be forming an “assembly line” with different people assigned to specific tasks – opening the envelopes, distributing the ballots and counting the votes separately for the budget, other propositions and school board election.

They also said that guidelines are in place to ensure voter anonymity since the outside of the envelopes have to be signed in order to be considered. 

“(Starting at 5 p.m. on June 16) we will open the envelopes but the ballots will remain folded as not to see the information checked as it must remain anonymous and separated from the envelope,” Fisgus said.

He said the ballots will be placed in a secure lock box, and the two teams counting the ballots will be charged with tallying the budget votes, capital project vote, bus purchase and board member votes.

“Once all the legal ballots have been counted, the teams will come together for a final tally of the propositions and board candidates,” said.

Rozanski said the Batavia district is using a local vendor to assist in the process.

“We have partnered with ABS (Applied Business Systems) to have the mailed ballots delivered to them using their Business Reply Mail permit,” he said. “Each day we receive notification of the ballots received and an employee picks up the mail. In addition, ballots could still be dropped off at the Administrative wing at Batavia High School (by 5 p.m. tomorrow).”

To be eligible to vote, persons must be a U.S. citizen, 18 years of age or older, and be a resident of the school district for at least 30 days prior to June 9 – all in accordance with the provisions of section 5-106 of the Election Law.

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Reigle to Run for Batavia Spot

The Batavia City School District has another candidate for the school board as John Reigle has thrown his hat into the ring as a write-in.

He joins incumbents Tanni Bromley and Barbara Bowman as well as recent appointee Alice Ann Benedict in the race for the three open board seats.

The two candidates receiving the most votes will serve from July 1, 2020 through June 30, 2023, while the third-place candidate’s term will be June 9, 2020 through June 30, 2021.

County planners to consider permit, variance for 20-unit addition at DePaul Apartments; cell phone tower in Byron

By Mike Pettinella

A referral for a special use permit and area variance for an addition of 20 housing units at DePaul Apartments, 555 E. Main St., Batavia, is on the agenda for Thursday’s Genesee County Planning Board meeting via Zoom videoconferencing.

Paul Schreiner of Parrone Engineering of East Rochester, acting on behalf of DePaul Properties, filed building permit, special use permit and Zoning Board of Appeals area variance applications for the construction of a 20,100-square-foot, two-story, 20-dwelling unit addition to the existing 42-unit development.

The current 49,786-square-foot multifamily complex on the north side of Route 5, west of Eastown Plaza, was built in 2009. Applicants for the one- and two-bedroom apartments must meet eligibility requirements of the Low-Income Housing Tax Credit Program.

The project also will include the expansion of the existing parking area, adjustment of the existing storm drainage system and site grading. Whitney East of Rochester has been selected as the general contractor.

Following a review and recommendation by county planners, the proposal is scheduled to go before the Batavia City Planning & Development Committee on June 16 for a site plan review and then to the City ZBA on June 25 to review and act on required variances.

Variances required are as follows:

-- The maximum permitted number of dwelling units per building is 16 for large-scale multifamily developments. Currently, there are 42 units and 20 more are proposed for a total of 62.

-- Buildings in large-scale multifamily developments are required to be set back from interior roads, driveways and parking lots by at least 20 feet; eight feet is proposed.

-- Off-street parking is required at a rate of 1.5 spaces for each dwelling unit. The proposal calls for a total of 56 parking spaces at a rate of .90 spaces per dwelling unit. Currently, there are 32 spaces for the 42 units.

Other items on the agenda include:

-- A referral of the “final plat” of the Clinton Gardens Subdivision filed by Batavia Homes & Development on property behind 387 Garden Drive.

The proposal outlines the division of a portion of the property’s 11 acres into six separate parcels, with five of them dimensioned for development and the remaining portion to be set aside for future development.

The application was approved by the City Planning & Development Committee last June 18, contingent upon the owner submitting a “final plat” with one year.

Documents filed in 2019 by Robert Padanick, senior project manager for Nussbaumer & Clarke Inc., of Buffalo, indicate the owner is seeking to extend existing Carolwood Drive and Harrold Square – connecting two public dead-end streets – and allowing development of five new lots.

Additionally, about 460 feet of new pavement will be constructed, along with sanitary sewer, water and drainage utilities that previously were approved by city and county officials.

-- A referral for a special use permit submitted by Martin Rivers for a motor vehicle repair shop within a commercial district at 5278 Clinton Street Road (on the property of R&D Electronics).

The permit is required per Article III of the Town of Stafford zoning code.

Documents for the business, Rivers Performance, indicate that the shop will be open from 8 a.m. to 5 p.m. Monday through Friday, with one to five cars on site and no outside storage.

Rivers is no longer operating a shop at his former location on Liberty Street.

-- A referral from Brickhouse Commons LLC, for a special use permit to operate a drive-thru business on Route 77, across from Pembroke Central High School.

According to submitted documents, the plan is to build a three-story, 32,000-square-foot multiuse building featuring 8,200 square feet of space for retail businesses as well as indoor parking and fitness area for tenants on the first floor and 17 apartments on the second and third floors.

J&R Fancher Property Holdings LLC, previously proposed the $3 million project at the Buffalo East Technology Park, located in the Town of Pembroke’s Interchange District.

-- A referral for a special use permit from Nixon Peabody law firm of Rochester on behalf of Blue Sky Towers III LLC, and Bell Atlantic Mobile Systems LLC (Verizon Wireless) to construct and operate a 155-foot cell phone communications tower (plus 4-foot lightning rod) on the property of Jeff and Patricia Jarosinski near 6811 Batavia Byron Road in the Town of Byron.

According to a letter to the Town of Byron Planning Board, Blue Sky will construct and own the tower and associated components for the benefit of Verizon Wireless (and potential subsequent users of the tower), with Verizon leasing a 100- by 100-foot area from the property owners.

Since the site is located in an Agricultural-Residential zone, a special use permit and site plan approval from the Town of Byron Planning Board are required.

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For more information about Thursday’s meeting, contact the Genesee County Planning Department at (585) 815-7901. County planners generally make recommendations of referrals, which then are moved on to municipal planning boards and zoning boards of appeals.

Employees at Rochester Regional Health in Batavia take a knee for George Floyd

By James Burns

Photo by Jim Burns.

Batavia employees of Rochester Regional Health / United Memorial Medical Center take a knee at the War Memorial at Jerome Center at 8:46 this morning.

The time of 8:46 signifies the length of time a white police officer in Minneapolis, Derek Chauvin, knelt on the neck of George Floyd May 25, killing him. The police were called after a store clerk suspected Floyd of using a counterfeit $20 bill at the store. Three other officers at the scene are also charged in the case: J. Alexander Kueng, Thomas Lane and Tou Thao.

A message from Rochester Regional Health President and CEO Eric Bieber, M.D.:

"Today, we as healers at Rochester Regional Health stand with you for healing. The events we have witnessed in our nation and community these past few days are almost unbearable to describe. Already frayed by fighting COVID-19, we witnessed the brutal death of George Floyd — a horrific repeat of too many deaths gone before. Then in our own Rochester community, a peaceful protest devolved into violence.

"Each member of our Rochester Regional Health team is touched by these tragedies—more than 17,000 souls, along with our friends, loved ones, neighbors, and families. And of course, you, our patients. Many of you were born and raised in Rochester. Others hail from every continent on earth. We are diverse in every possible way — race, ethnicity, job description, cultural background, and religion.

"While diversity is our strength, there is more work to be done to bridge the divide. Today we are united in our grief and our resolve. All throughout the coronavirus pandemic, we have been telling you that we will get through this together. Those words mean more now than ever. Together is the way we will get through this to mend our hearts and community.

"Thank you, each of you, for your precious differences and united spirit."

Five questions for board of education candidates: Pembroke Central School

By Mike Pettinella

The Batavian has reached out to school board candidates in Genesee County to get their answers to five questions prior to voting on June 9.

At the Pembroke Central School District, Daniel Lang is running for a one-year unexpired term and Heather Wood is running for a new five-year term.

The questions are as follows:

1 -- What is your position on your school district’s proposed budget for 2020-21? What parts do you support? What parts would you change if you could?

2 -- Are teachers in your district compensated adequately?

3 -- With what we know now about COVID-19, should schools reopen in the fall?

4 -- Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

5 -- What two books published since The Enlightenment have influenced you the most?

DANIEL LANG

1 -- I am in full support of this year’s school budget for the 2020-2021 fiscal year. The District Board and Administrative staff have reviewed all options and strategically planned accordingly with the interest of keeping the Pembroke district moving in the right direction. With this budget encompassing a zero percent tax increase for our residents, we will still be able to continue to provide the absolute best for our students, teachers and district.

2 -- I feel as though the teachers in our district are compensated adequately and have justified the importance of going above and beyond expectations, especially during the recent, trying times that we all have been experiencing.

3 -- Yes, schools should reopen in the fall, and I feel it is vital for the students to return and feel safe in doing so. It will be critical to assure that the buildings and transportation remain sanitary and follow guidelines set by the governing bodies. I feel that there is value in the teacher/student interaction which helps aid in the learning process through individualized communication, and social interaction which cannot be grasped through distance learning. The relationship built with that of a dedicated teacher is irreplaceable and should continue moving forward.

4 -- Yes, I am satisfied with the way the district responds to parents and concerns. With that being said, I also feel that we should be continually looking for new and better ways to be communicating with parents. Complacency breeds mediocrity and steals potential. We all have the ability to improve and use mistakes or difficulties as a way to learn and enhance our current methods. This area of the district is no exception to that. As we work together as a team, the district and parents, we will continue to grow and understand each other in new and exciting ways.

5 -- When I read, I like to dive into books that provide encouragement, hope and answers for real life situations. If I were to choose two books that I have read that fit in this category, they would be When Life Is Hard by James MacDonald, and Purpose Driven Life by Rick Warren.

HEATHER WOOD

1 -- My fellow Board members and I all approved of the 2020-21 budget which is being presented to the community. Our Superintendent and School Accountant have worked diligently to lead the charge in bringing us possible scenarios during a time when aid at the State Level was being questioned on what seemed like a daily basis. Collectively we were of the mindset to not put any additional burdens on the community during the uncertain times we are currently facing and were pleased to present a 0 percent tax levy increase. It is always a hard decision when discussing what areas to cut from, but rest assured the needs of the student are always first and foremost in our minds. We will continue to be the very best District we can be no matter what the numbers say and invite the community to contact the District Offices if they have questions moving forward.

2 -- Addressing the question if I feel that teachers are compensated adequately, I would say that it’s not a simple answer. We need to look at the community we live in and remember that higher pay will be reflected in higher taxes. Recently, we did make changes on our starting pay for teachers to bring them more in line with the Genesee Region. That being said, we will continue to provide top notch teachers to our students because that is what we are mandated to do.

3 -- I am both hopeful and optimistic that schools will indeed reopen in the Fall and I do advocate for this. Will things look different moving forward? Yes, most definitely as we all implement new State guidelines that will need to be respectful to our students, staff, parents and administration. We need to be mindful of what will work and what will not work for OUR District. While it is true that Pembroke has done a fantastic job in transitioning our students to online learning these past few months – it in no way should be seen as a permanent replacement for educating our youth and I am quite frankly, offended by anyone who says such things. Students need teachers just as much as teachers need the students. A school is a living, breathing institution and all the connections that are made within its walls are priceless.

4 -- Pertaining to the COVID situation - I feel Pembroke has done a remarkable job communicating the educational materials to the students and their parents. From our Superintendent, building Principals, and teachers – they all got the word out on a weekly basis (sometimes daily) keeping everyone informed of what was going on pertaining to finishing the year out strongly and what the expectations were for each student. This was all new to everyone and it was important that we all worked together in this endeavor. I do know for example, that some families in the community have reached out to our Superintendent for clarification on end of the year grading. He responded and made the policies clear as to what would be required to finish the year strong. In regards to things other than the COVID situation – finishing up my fifth year on the Board, I honestly feel we do a good job as a District addressing the communities concerns, however – that being said – our Board meetings are advertised and the public is ALWAYS welcome to contact our District Clerk if there’s something specific that is on their mind that they’d like to bring to the Board. Some questions can simply be answered from the Superintendent or by him directing the parent/community member to the appropriate administration before it gets to the Board level. If our community has questions, it is a Board member’s job to try our best to address the concerns.

5 -- I can name many books that have influenced me, but there are two that stand out – and to the readers they may seem quite simplistic but to me they mean the world. I read Charlotte’s Web by E.B. White when I was about 10 and it both sparked my passion for reading then and now. Looking back through the adult eyes it just amazes me of the pure innocence of childhood and how doing the right thing matters. Next would be The Five People You Meet in Heaven by Mitch Albom – it reminds me of the importance of relationships/connections and how what you do has a domino effect on everything else that happens in the world. This is how I look at schools – relationships and being a good person mean something just as much as the grades do.

JC Penney in Batavia closing as part of company bankruptcy

By Howard B. Owens

In a bankruptcy filing, JCPenney has announced its closing 30 percent of its 856 stores, including its Batavia location.

The company, which has been struggling financially for years, filed bankruptcy in Federal Court on May 15.

The stores that are closing -- which presumably include the Batavia store -- will hold liquidation sales once pandemic-related regulations are lifted.

Other stores closing in New York:

  • Auburn: Clark Street Road
  • Oswego: State Route 104
  • New Hartford: Sangertown Square
  • Rome: Erie Boulevard West
  • Canandaigua: State Route 364
  • Syracuse: Destiny USA Drive

For more: USA Today.

Public Health reports one recovery, one new COVID-19-positive test

By Howard B. Owens

Press release:

  • As of 2 p.m.
    • Genesee County received one new positive case of COVID-19, for a total of 192 positive cases.
      • The new positive individual resides in Pembroke.
      • The person is in their 50s.
      • The new positive case was not on mandatory quarantine prior to testing positive.
      • One of the previous positive cases has recovered and has been released from mandatory isolation.
      • Zero of the total active positive cases are hospitalized.
    • Orleans County received zero new positive cases of COVID-19, for a total of 238 positive cases.
      • Two of the previous community positive cases has recovered and has been released from mandatory isolation.
      • Seventeen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
      • We are sorry to report the death of one of our county residents. The individual was a resident of The Villages of Orleans Health and Rehabilitation Center. We extend our deepest condolences to the family and friends of these individuals during this very challenging time.

Downtown businesses, police, and even the city post office brace for Sunday's 'March for Justice'

By Billie Owens

Organizers behind a planned protest in Downtown Batavia on Sunday, June 7th, have distributed posters announcing the "March for Justice" which starts with a gathering in front of Batavia City Hall at 8 a.m.

From that location at 1 Batavia City Centre, the plan is to march PEACEFULLY -- which is in all caps in the black, white and red poster -- starting at 11 a.m. to the City of Batavia Police Headquarters, located a short block away at 10 W. Main St.

#SOLIDARITY

#PEACEFULEQUILITY

#STANDWITHUS

Plans for the March here came together after plans for a free BBQ at Williams Park on Pearl Street -- the "BBQ for Equality" -- were nixed by city officials Tuesday. They said that the state would need to OK the event and City Council would need to approve it, too.

Earlier this week City Police Chief Shawn Heubusch expressed concern about outside agitators coming to Batavia to cause trouble if there was a protest Downtown.

Some Downtown business owners say they are apprehensive about the protest because of rioting, looting and brutalities they've seen on media and social media during similar events in cities large and small nationwide. A couple of them even say they plan to board up their storefronts.

The Batavia Post Office, at 2 W. Main St. next door to the police station, isn't taking any chances if things go awry. This afternoon they put up a sign on their front door telling people their lobby will be closed at 5 p.m. on Saturday and won't reopen until 5 a.m. on Monday, June 8.

"We're closing the lobby during those hours out of an abundance of caution," said Karen Mazurkiewicz, spokeswoman for the U.S. Postal Service, Western New York. "We apologize for the inconvenience. We just want to be sure the building is kept safe and sound."

The murder of George Floyd by police in Minneapolis May 25 ignited the latest protests against racial inequality, police brutality, and social injustice in America.

Former First DA Cianfrini now serving as assistant county attorney

By Mike Pettinella

Melissa Cianfrini is back as a Genesee County employee, this time as the Assistant County Attorney.

County Attorney Kevin D. Earl today confirmed that Cianfrini, who unexpectedly resigned her position as the county’s First Assistant District Attorney in January, was hired on Feb. 25 at a salary of $78,086 – about $13,000 less than she was making as First Assistant DA.

When asked for specific information about her duties, Earl said that neither he nor Cianfrini would be available for comment.

In an email sent to The Batavian, Earl wrote, “As per the County policy, I am only able to provide you with the following information (hire date, job title, salary).”

According to the job posting at the time, the job description includes representing the Department of Social Services in cases involving child support, foster care, parental rights and child abuse as well as proceedings involving public assistance, Medicaid, juvenile delinquency and Family Court.

Additional duties listed: Providing legal advice on behalf of the commissioner of Social Services and other county departments.

Cianfrini is a resident of Oakfield and the wife of County Clerk Michael Cianfrini. She joined the DA’s office in 2009 and was promoted to first assistant district attorney eight years later.

Before resigning, she appeared to be in line to succeed District Attorney Lawrence Friedman, who is planning to retire at the end of his current term.

Byron woman accused of drunk driving, and without a license, with a child in the car

By Billie Owens

Taylor K. Laird, 27, of Mechanic Street, Byron, is charged with: driving while intoxicated; aggravated DWI -- child in vehicle; aggravated unlicensed operation. Laird was arrested at 10:57 a.m. on May 28 on Pearl Street in Batavia following a "check the welfare call" at a business on West Main Street. Batavia Police Officer Sean Wilson handled the case, assisted by Officer Connor Borchert and the NYS Police.

Salvatore P. Scarlata, 36, of East Main Street Road, Stafford, is charged with criminal contempt. Scarlata was arrested at 6:52 p.m. on June 3 on East Main Street Road in Stafford after he was allegedly found in the presence of a person with an order of protection against him out of Town of Sweden Court. Scarlata was fingerprinted, photographed and issued an appearance ticket for Aug. 6 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Christopher Erion, assisted by Deputy Andrew Mullen.

Brittany L. Bolton, 20, of East Main Street Road, Stafford, is charged with criminal contempt. Bolton was arrested at 6:52 p.m. on June 3 on East Main Street Road in Stafford after allegedly being found in the presence of a person with an order of protection from Town of Greece Court. She was fingerprinted, photographed and issued an appearance ticket for Aug. 4 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Christopher Erion, assisted by Deputy Andrew Mullen.

Ashley K. Marshall, 28, of Batavia (no address provided), was arrested and issued appearance tickets for Town of Warsaw Court, where she is due to appear at a later date. At 4:20 p.m. on May 31, Wyoming County Sheriff's deputies were patrolling northbound Route 19 in the Town of Warsaw when they stopped Marshall near Mungers Mill Road for having a suspended registration. She was also ticketed for having an uninspected motor vehicle, and operating a motor vehicle which had broken glass. The deputy handling the case was Austin Harding.

Five questions for board of education candidates: Oakfield-Alabama Central School

By Mike Pettinella

The Batavian has reached out to school board candidates in Genesee County to get their answers to five questions prior to voting on June 9.

At Oakfield-Alabama Central School, five candidates are running for three open positions – Jackie Yunker Davis, Daniel N. Groth, Douglas Russo, Shanda Spink and Peter Zeliff.

The candidate receiving the most votes will begin serving on June 10 with the term ending on June 30, 2023. The terms of the two candidates with the second and third most votes will be July 1, 2020 through June 30, 2023.

The questions are as follows:

1 -- What is your position on your school district’s proposed budget for 2020-21? What parts do you support? What parts would you change if you could?

2 -- Are teachers in your district compensated adequately?

3 -- With what we know now about COVID-19, should schools reopen in the fall?

4 -- Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

5 -- What two books published since The Enlightenment have influenced you the most?

JACKIE YUNKER DAVIS

1 -- I am in favor of the proposed 2020-21 tax neutral District budget. Considering the current status and economic downfall of NYS, I cannot, however, be in favor of a Capital Improvement project that relies so heavily on a state that has such an enormous deficit. I do support the district’s ability to scale back appropriately as needed pending state cuts. The concept of "doing more with less" is here and real. Change is inevitable. I would certainly like to see proactive measures versus reactive measures in how we handle this change as a district.

2 -- I fall somewhere in the middle here. I would certainly like to see compensation relative to performance. As with many businesses/schools, you will have the high performing educators who go above and beyond their duties, day in and day out, and are under compensated in comparison to their value. On the other end of the spectrum, you have the middle or low performers who are overcompensated.

3 -- School should absolutely resume in the fall. Will it be the same as it was? No, certainly not, given what we know about COVID. I do think it's possible if we are willing to change how we’ve always done things, and have an open mind ... to make it happen. OACS has very dedicated, responsible, highly-educated, and caring individuals as part of their administration and staff, that I am confident will continue to prioritize the safety and well-being of all.

4 -- I can speak only from what I know through my own experiences with the district, and what is voiced to me from others. I do believe OACS has done an excellent job of addressing the needs of both parents and students during these trying times. They have offered several different platforms of communication. They are visible and supportive. I have heard many complementary remarks of how OACS has worked through this and I am very proud to be in this district!

5 -- So many books to choose from however, I would say the two books that I find worthy to keep on my bookshelf, and often re-read or reference, are Who Moved My Cheese? Dr. Spencer Johnson. A classic. Change is constant. Adapting to change is a must. Always pertinent to our lives, and the 7 Habits of Highly Effective People, Stephen R. Covey. I absolutely love that our O-A students are getting such early exposure to timeless principles of what it takes to be “good humans.”

DAN GROTH

1 -- I feel it is appropriate given the current economic situation. I support all parts of the proposed budget. There are no parts of the proposed budget that I would change.

2 -- At this point in time, I think it is too early to make that decision. Schools will need more guidance, data and feedback. I’m confident the right decision will be made for all schools.

3 -- I feel teachers are compensated fairly.

4 -- I am satisfied and any communication I have had, the district responded in an appropriate and timely manner.

5 -- Eisenhower in War and Peace, Trail of Tears

DOUG RUSSO

1 -- I feel that the proposed budget is prudent and fiscally responsible for the taxpaying citizens. Therefore, I will support the budget for approval. I recommend the budget because it offers a 0 percent tax levy increase to our district property owners. Meanwhile, there is an increase in funding for instruction, which I believe is essential for our students. As we move forward, there is a grave concern regarding a reduction in (New York State) aid to our school district. If there are any changes to the school budget, I will work hard to ensure funds are allocated in a fiscally responsible manner and that the monies are well spent for our children. As a board member, I will advocate for fiscally sound (future) district budgets and, along with the rest of the board, will monitor our school organization's financial well-being.

2 --Teachers are compensated according to the collective bargaining agreement between the school district and the teachers association. I can tell you firsthand that the profession as a teacher is challenging while rewarding. Teachers hold an essential function in our community that impacts our children's learning and students' success. Maintaining and recruiting extraordinary teachers that are responsible for student achievement is a priority for our school system. As a board member, I will advocate that our school district provides equitable compensation, not only to our teachers but to all school staff members. I am devoted to working with the other board members and the administrative team, creating policies for a school environment that fosters a safe and positive workplace for all of our staff members and that it encompasses a collaborative culture with a growth mindset focusing on student achievement. 

3 -- I was saddened by the sudden school closing this year. As a father, my daughter Kiera, who is an Oakfield-Alabama Senior, missed-out on her senior events. As a teacher, I had 34 high school seniors in my class, and they missed out on essential activities. Most seniors were in the process of performing an internship at their designated worksite. We need to get students back to school as soon as possible in the fall. However, we must be diligent and cautious. Safety to our educational community is Priority-1. The COVID-19 is undoubtedly a harmful virus, and we must take the necessary steps so that students and staff and their families remain safe by following the Centers for Disease Control and Prevention and New York State guidelines. Thereby, we must work together and be innovative in the learning process to discover new ways and solutions to teaching our students, implement safety measures and continuously monitor the well-being of our community regardless if school resumes or shutdown continues.

4 -- Speaking for myself as a parent, Oakfield-Alabama School District has always listened to and addressed my concerns promptly and adequately. Every parent and student should be treated with the utmost respect, understanding, and dignity by our school district. One of my main objectives as a school board member is to listen to all stakeholders' interests and concerns in our district and our educational community effectively. As a board member, I will bring forth ideas to assist in developing and constructing district policies that will enhance and ensure a high level of student equity, equality, and excellence for ALL of our students and that it encourages parent involvement. 

5 -- I recently read the autobiography, On the Brink by Henry [Hank] M. Paulson, Jr. Hank Paulson was an American banker who served as the 74th U.S. Secretary of the Treasury during the 2008 financial crisis. Paulson speaks in detail about his experience as a leader contending with the crisis. I am intrigued about the crisis that I lived through and how a leader would handle such a disaster. Paulson was a bona fide capitalist and believed in moral hazard, whereas each business determines their destiny (succeed or fail) without government intervention or interference. Paulson's objective was to change the economic climate quickly. Despite Paulson's ideology and political resistance (including friendly colleagues, which became not so friendly), Paulson sanctioned the U.S. government to annex many large corporations to obtain the objective. This book demonstrated how a leader must put ideologies aside and do what's best for the organization he or she serves.

The second book that I am influenced by is Michael Fullan's Change Leader. In short, Fullan speaks about a leader being resolute with a purpose while demonstrating empathy for others. Having a seat at the board table, I will apply the things that have impacted me through my readings. I will do what is in the best interest of the Oakfield-Alabama School District and its students. I am devoted to working with the other board members, the administrative team, and our community to establish a clear vision to create a dynamic school system.

SHANDA SPINK

1 -- I support OACS's proposed budget for 2020-21. Given recent events with employment for so many, the fact that our school's budget proposes a 0 percent tax levy increase to our local community members is a blessing. I believe that the Capital Improvement Project is necessary and one that will provide our children with a safer and better learning environment. The only aspect of the budget that I would change is proposition #3 to acquire more school buses. I do not feel the need to have new buses. However, I would support the purchase of them, should the school decide to have the HS/Middle and Elementary start and end at the same time as other districts around us.

2 -- After comparing OACS's district average pay for last year to other districts, I do not think that our teachers are paid enough. I do believe that we provide amazing benefits, as I experienced them first hand when my mom was a school employee. However, I believe that teachers, especially in today's age with more work behind the scenes, deserve to be paid closer to the state average, like districts and counties around us.

3 -- As a Holistic Health Practitioner, I do not feel that schools should reopen, given the guidelines that the CDC has given at this point. We need to take into account the emotional health of our students, not just physical. I do not believe the guidelines set will give my children the best education experience possible. School is not just about the information taught. I believe that a major part of school is the interactions with other students, teachers, and staff. This helps our students to be well-rounded citizens. It helps our students feel a part of something bigger than themselves. If schools should open under the CDC guidelines, our children would be missing out on many interactions that help to shape them into the people we want to see in the world. Should the CDC have new suggestions, I would consider going forward to reopen schools in the fall.

4 -- For our family personally, it depended on the situation. I have felt heard at times and ignored at others. I believe that when the problem is addressed, Oakfield does an outstanding job of making you feel heard and together come up with a solution. However, as time goes on, the solution to the problem seemed to have been pushed aside and I would have to bring up the situation again to remind them of our previous solution.

5 -- The first book that has influenced me is Braving the Wilderness by Brené Brown. This helped me find the courage to be brave and stand-alone in what I believe instead of trying to fit in and be the person others wanted me to be. The book talks about how true belonging is not about fitting in, pretending, or making the people around us comfortable. Instead, we need to be who we are and stand strong in what we believe in. It talks about how we need to follow our hearts and protect them from the constant evaluation you get from others when doing what you are led to do ... even if it is a little outside the box. Brené Brown says our belonging to each other can’t be lost, but it can be forgotten. Her research has reminded the world in recent years of the uncomfortable, life-giving link between vulnerability and courage. This book draws attention to the fact that we walked into the crisis of our life together and how we can move beyond it: with strong backs, soft fronts, and wild hearts.

The second book is a book that I read after attending the Global Leadership Summit, a few years ago, called Next Generation Leader by Andy Stanley. It was a fresh perspective leadership book that talked about how to lead with courage then follow with character. The book helped me pinpoint and acknowledge my strengths as a leader. It also allowed me to see what my weaknesses are so that I can delegate those activities to someone else who has them as a strength. The book does an amazing job of how to be a leader in today's society. According to Stanley, "You have to courageous. You have to be clear in the midst of uncertainty. You need to have a leadership coach yourself. And along the way, it is absolutely essential that you maintain your character."

PETER ZELIFF

1 -- I feel our administration has done a great job on the budget and I fully support it. They always keep the taxpayers in mind while making sure our kids have everything to succeed. Managing the budget is going to be more crucial in the next year with not knowing where the state is financially and we may have to make adjustments based on that as the year goes on and pull back in certain areas. One example would be the bus purchase. I would want to know that the kids are coming back to school for sure before we made a purchase like that. 

2 -- I believe our teachers are our most valuable asset and that money isn’t the only thing that motivates people. We have a very unique community and school district that does a lot of little things other communities and schools don’t do which to me has a lot of value. Our teachers should be compensated competitively with other school districts but I also want our teachers to be drawn to us as a district and community, and I believe our school district has more to offer than just a paycheck. Seeing how a lot of these teachers come out support their students at things like sporting events, plays, and how great they have been during the corona pandemic with personally reaching out to students, leaving messages on the driveways, and so many other things is what I believe we are all investing in and I feel the board needs to make sure we are recognizing what these teachers do and to make sure they have everything they need to get the job done.

3 -- My initial reaction is yes but I feel we need to continue monitoring the situation before making that decision. As of right now that should be the plan and we should be gearing up for that to happen. I believe it is important to get these kids back into a class room and a normal or as normal as it can be routine but we also have to think of the safety of all of our children and be working on plan B as well so we are prepared.

4 -- Yes, I have felt our administration has always been willing to take the time to listen to your concerns and that they are always looking for community feedback and input. The fact that they look for community members to sit in on teacher and administration interviews, committees for construction projects, and other school agendas shows that they really want to hear from us. 

5 -- Extreme Ownership by Jocko Willink and Capital Gains by Chip Gaines.

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