batavia

Submitted by Kathie Scott, coordinator of public information, Batavia City Schools

Highlights from the Batavia City School District Board of Education meeting on Jan. 9 include the following:

Important Calendar Change
A recent change in the New York State Education Department’s assessment schedule has forced the district to revise the school calendar. Superintendent of Schools Margaret Puzio noted that April 27, initially scheduled as a Superintendent’s Conference Day, a scoring day for the State ELA tests, and a day off for students, is now a testing date for state math assessments.

The proposed calendar change that is under consideration for the district is to have a half-day of school on April 27 to accommodate the state math assessments in the morning and accommodate the scoring of ELA tests in the afternoon. As soon as the decision is final, it will be announced.

District-wide Bullying Prevention Program
As many media announcements, some tragic, have documented, one of the greatest threats to the safety of schoolchildren today is from bullying by their peers. Because the safety and well-being of our students is such a high priority, staff members have been researching and preparing a district-wide anti-bullying program for the past year.

Superintendent Puzio announced the official implementation of the program, noting that a letter and brochure will be sent home to parents to explain important elements of the program and to enlist their support and cooperation.

The brochure highlights key points of the program such as the Three Key Components of Bullying Behavior (1: aggressive behavior; 2: typically involves a pattern of behavior, repeated over time; and 3: includes an imbalance of power or strength) and the Four District Behavioral Expectations. (1: We will not bully others. 2: We will try to help students who are bullied. 3: We will try to include students who are left out. 4: If we know that somebody is being bullied, we will tell an adult at school and an adult at home.)

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A special parent education meeting with nationally known guest speaker Andy Thibodeau will be held from 6:30 to 8 p.m. Feb. 13 at Batavia High School. Child care, provided by BHS students, will be available during the program.

Students will be introduced to the program during assemblies. Nationally known speaker Jim Jordan will speak to primary grade students in a program titled,"Friends Helping Friends,” and to students in grades three through five in a program titled, "Super Hero -- Stop Bullying." Andy Thibodeau, in addition to speaking to parents, will address middle and high school students in February with his program, "Share Your Care! Care in class, in school and in life!”

Parent Shares Concern Regarding Consolidation
A parent addressed the Board of Education, voicing concerns regarding the proposals for consolidation. She stated that she -- as well as teachers and parents she has spoken to -- do not feel middle school is a good environment for fifth-graders for safety and academic reasons. She also related that many Batavia families have purchased their homes based on the location of particular elementary schools, and that they do not want to see the community school model changed.

She noted that parents she has spoken to are exploring the options available for enrolling their children in nearby districts or private schools should the consolidation take place. While recognizing that the district needs to rein in expenditures, she urged board members not to vote for any proposal that would include moving fifth-grade students to the middle school.

Backpack Food Drive Runs This Week
Superintendent of Schools Margaret Puzio reminded all who were present that the food drive to benefit the Backpack Program is running through this week  (Jan. 9-13). Donation boxes are set up at each of the schools as well as at the administration building, and she urged all who can to contribute to it.

She also reminded those present that admission to the Batavia High School  boys’ basketball home game on Friday, Jan. 13, will be free with a donation of at least one food item to benefit the program. (The boys play the Pittsford-Mendon Knights, with JV game starting at 6:15 p.m. and varsity at 7:45 p.m.) Suggested items are those that are nutritious and that require little or no preparation such as cereal (individual or 12 oz. boxes), juice boxes, canned soups, macaroni and cheese, applesauce, fruit cups, pudding cups, oatmeal, canned foods (vegetables, ready-made pasta with sauce, etc.), trail mix, cheese and crackers, peanut butter crackers, raisins, peanuts and fruit snacks.

Monetary donations are also welcome. Checks may be sent directly to the Salvation Army, payable to the Salvation Army with a notation for the “Backpack Program” on the memo line. The Backpack Program was started in 2010-2011 in partnership with the United Way and the Salvation Army to provide weekend food supplies for some of our neediest students.

Approximately 100 of our students receive a backpack of nutritious non-perishables each Friday to help provide for their needs through the weekend. Initially funded by the United Way, the goal was to have the program sustained through donations so, soon after the program began, the district sponsored a food drive to collect items from students and staff.

Thanks to their generosity, enough food was collected to support the program through the end of last school year. Puzio is hoping for a similar result during this year’s food drive.

Top Ten Achievements in 2011 for Richmond Memorial Library

Library Director Diana Wyrwa presented the library’s Top Ten Achievements for 2011. Noting that a long-range plan that had been put in place in 2007 is now coming to completion, and that this year will be one of evaluation and new goals. She stressed that planning and partnerships were prime features of the noteworthy achievements. Her “Top Ten” list included:

• 10) A new window in the Children’s Room of the library, which is more energy efficient as well as aesthetically pleasing.
• 9) Affiliate Library Status with Family Search International, providing a huge boost to those interested in the field of genealogy.
• 8) A total of 1112 programs offered, including, for example, story hours, book discussions, computer classes (in partnership with NIOGA Library System),various craft classes for adults, monthly “Reel” Discussions for movies, and A Tale for Three Counties (in partnership between libraries in Genesee, Wyoming, and Orleans counties).
• 7) A New England Authors Literary Tour (in partnership with 1st Choice Travel) as part of the “Novel Destinations” theme of the adult summer reading program.
• 6) The hiring of a new children’s librarian, Vinise Campanella.
• 5) The purchase of many of its own ebooks.
• 4) Redesigning the first floor, incorporating a bookstore model of placing new material up front and center.
• 3) Hosting an American Library Association (ALA) Traveling Exhibit, “A Fine Romance: Jewish Songwriters, American Songs, 1910‐1965.” (These exhibits are offered through the ALA Public Programs Office for Library Cultural Programming.)
• 2) A library book van to be used in partnership with GCASA’s drug-free coalition. In addition to containing educational literature chosen by GCASA, the van can carry a variety of books to places such as the senior citizen residences, Head Start, and the New York State School for the Blind.
• 1) The successful opening of Best Sellers Café, which was the number one item voted for in the library’s 2008 survey. The café serves a variety of beverages, lunch items and snacks.

Financial Summary Report for November 2011
Business Administrator Scott Rozanski reported on the November 2011 revenue and expenses for the district. Total recorded revenues were up by slightly more than  $1,237,000, or 5.4 percent.

A significant portion of the increase was a BOCES (Board of Cooperative Educational Services) surplus refund of nearly $202,000 or 56 percent over last year at the same time. The refund reconciled the amount owed for BOCES services actually used, with billing that had been based on anticipated use of services for the 2010-2011 school year.

Three other revenue categories also contributed to the increase: State and federal aid, the real property tax levy, and non-property tax items (utility tax). State and federal aid were up $327,000 or 7.3 percent over last year at the same time. This is primarily because of the increase in the Teacher Retirement System (TRS) payment in November, which the state makes on districts’ behalf as part of their annual aid, and which is therefore recorded by districts as revenue.

The tax levy, up $706,000 or 4 percent, is recorded as revenue when it is levied as opposed to when it is received. The utility tax, as previously reported, had been in decline for several school years including 2010-2011, but has been trending upward this year, including the November increase of nearly $80,000 or 33 percent.

Expenses were down by about $1,244,000 or 10 percent, as compared to November 2010.

Slightly more than one third of the decrease, $448,000 or 15 percent, was due to the timing of health insurance payments. Nearly another third, a decrease of slightly more than $368,000 or 26 percent, was in the category of Central Services. This was due in part to a change in the district’s purchasing cycle and the subsequent timing of orders being processed. For example, work done to the administration building to repair the roof and fix earthquake damages were initially charged to the general fund until they could be reconciled at year's end and charged to repair reserves.

A Batavia resident once shot under mysterious circumstances and later busted with what investigators at the time characterized as a significant amount of narcotics and cash, is facing up to six years in prison after pleading guilty to a drug possession charge.

Carlos A. Torres Jr., 36, of West Main Street Road, Batavia, was on his fourth plea cut-off appearance before Judge Robert C. Noonan on Monday when he entered a guilty plea to criminal possession of a controlled substance, 4th, a Class C felony.

Noonan sets plea cut-off dates, at which point the defendant must either accept a plea bargain, take the his case to trial, or plead guilty with no conditions in place.

When Torres appeared in Noonan's court Dec. 15, it was supposed to be in order to enter a plea or proceed to trial, but Torres, being represented by the public defender, asked for a new attorney.

At his next appearance, Torres was close to retaining an attorney, and by the following appearance last week, Torres had hired an attorney but the attorney had not yet had time to review the case file.

In court today, Torres was soft spoken and kept shaking his head regretfully as Noonan went over his rights to ensure that Torres knew what he was doing in entering a guilty plea.

Torres admitted to possessing cocaine with a weight of at least a half ounce.

He will be sentenced in April. At a minimum, Torres will receive two years in prison.

An Ellicott Street resident is facing at least two years in prison after pleading guilty to criminal mischief, 2nd, in Genesee County Court on Monday.

Paul C. Wapniewski, 55, was accused of burglarizing Delavan's Restaurant on Evans Street.

In the course of the crime, Wapniewski allegedly caused more than $2,500 damage to the property.

According to District Attorney Lawrence Friedman, Wapniewski cut himself on broken glass when entering the building and the blood evidence found there connected Wapniewski to the scene. Friedman said the DNA test demonstrates a mere one in 300 billion chance of the DNA being from the blood of a person other than Wapniewski.

Friedman discussed the evidence prior to Wapniewski's guilty plea because Wapniewski was entering what is known as an "Alford Plea." 

When a defendant enter's an "Alford Plea" he is not admitting to the crime, just pleading guilty to the charge with the knowledge that the evidence against him would likely lead to a jury finding him guilty, and if so, would likely lead to a harsher sentence.

As a second felony offender, prison time is mandatory for Wapniewski, and sentencing guidelines means Wapniewski is facing from two to four years in state prison.

A Stafford resident facing three felony counts of criminal contempt and a misdemeanor count of DWI faces a possible sentence of "shock probation" after pleading guilty Monday to two of the charges against him.

Eric Michael Duda, 50, who has been arrested a few times over the past two years, entered a guilty plea to one count of criminal contempt, 1st, and to DWI.

Duda will be sentenced in April and could receive some jail time followed by a period of probation.

Judge Robert C. Noonan also issued a new order of protection barring him from contact with Summer Ogden, the person Duda has previously had contact with in violation of an order of protection.

Ogden has reportedly also been ordered not to contact Duda and on two occasions when Duda was arrested for violation of the order of protection, Ogden was also arrested.

Duda is out of jail pending sentencing under supervision of Genesee Justice. He is required to be in his apartment from 6 p.m. to 6 a.m. under the terms of his release.

A 55-year-old resident of Alden -- accused of stealing a flintlock rifle from the Holland Land Office Museum more than a year ago -- had a hard time pleading guilty to possession of stolen property in the 5th degree today.

Between at first not admitting to elements of the crime and not understanding some of the things he was asked by Judge Robert C. Noonan, Frank J. Bieniek almost didn't complete the guilty plea.

Bieniek blamed both the commission of the crime and his inability to focus today on ammonia created by a liver problem.

On Dec. 10, 2010, a witness reported seeing Bieniek take a long gun from the wall of the museum, put it under a trench coat, walk out and drive away.

In court today, Bieniek said, "I didn't realize I took it. I drove around and I was thinking 'something bad happened here,' so I stopped and went and looked in my trunk and I saw the gun.

"When I was stopped, I was on my way back to return it," Bieniek added.

"I was so sick that day," Bieniek told Noonan earlier. "My body was full of ammonia."

When asked about the source of the ammonia, Bieniek said, "My liver."

Later, when questioned about whether he knew at some point that he possessed the gun, and that it was stolen, and that he possessed it with intent to deprive the rightful owner of the property, Bieniek asked Noonan to repeat the question.

"The doctors still say my head (mumble)," Bieniek said. "What was the question again?"

Eventually, with Noonan patiently going through each detail of the indictment and the elements Bieniek was required to admit to, Bieniek did plead guilty.

His plea is unconditional. Sentencing on the misdemeanor offense can range from community service to a year in jail.

Sentencing is scheduled for April 4.

Earl B. Benson, 23, of 7 Chestnut St., Apt. #4, Batavia; Joshua M. Benson, 21, of 5003 N. Byron Road, Elba; and, Tyler J. Henderson, 23, of 10 Franklin St., Batavia, are charged with menacing, 3rd, and reckless endangerment. The three men are accused of throwing beer bottles at a moving vehicle on Jackson Street at 1:11 a.m. Saturday. The men are also accused of threatening to physically harm the driver.

Eric L. Gahagan, 32, of 25 Edgewood Drive, Batavia, is charged with harassment, 2nd, and aggravated harassment, 2nd. According to Batavia PD, Gahagan was arrested Saturday and charged with harassment for alleged physical contact with a woman. According to police, after his release, Gahagan sent several "unwanted" and "harassing" text messages. Gahagan was re-arrested and jailed on $1,000 bail.

Rodney L. Blackshear, 51, of 131 Swan St., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Blackshear was stopped at 2 a.m., Sunday, on Maple Street, Batavia, by Officer Eric Bolles.

Paul C. Ficarella, 34, of 117 Bank St., Apt. #1C, Batavia, is charged with petit larceny. Ficarella is accused of stealing $69.15 worth of merchandise from Tops Market.

Amanda L. Spring, 28, of 3544 W. Main St., Batavia, is charged with criminal trespass. Spring is accused of entering a residence in the city without permission.

Monique L. Brairton, 21, of 18 Pleasant St., Le Roy, is charged with DWI, driving with a BAC of .18 or greater, possession of an open container and inadequate tail lamps. Brairton was stopped at 1:30 a.m. Monday on Bacon Street, Village of Le Roy, by Le Roy Police.

Shawn Joseph Scheg, 44, of Warboys Road, Byron, is charged with felony DWI, felony driving with a BAC of .18 or greater, failure to keep right, moving from lane unsafely and misuse of dealer/transport plate. Scheg was arrested following an investigation into a one-car accident at 12:44 a.m. Sunday on West Sweden Road, Bergen, by Deputy James Diehl.

Jason Ray Anderson, 30, of Oak Orchard Road, Elba, is charged with criminal possession of stolen property, 5th. Anderson is accused of using stolen vehicle registration paperwork to operate a vehicle.

Sean R. McMenemy, 26, of 3025 McCorkindale Road, Caledonia, is charged with DWI, driving with a BAC of .08 greater and making a right turn on a red light where prohibited. McMenemy was stopped at 2:30 a.m. Sunday in the municipal parking lot off Bank Street, Village of Le Roy, by Le Roy Police.

John R. Stella, 50, of 58 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to submit to a breath test, leaving the scene of a property damage accident and following too closely. Stella is accused of being involved in a hit-and-run accident at 8:15 p.m., Friday, at the intersection of East Bethany -- Le Roy Road and West Main Street, Le Roy. A witness reportedly followed Stella to his residence and directed police to the location of his vehicle. Le Roy Police arrested Stella. The accident investigation was conducted by the Sheriff's Office.

John P. Shipley, 36, of 25 Richmond Ave., Batavia, is charged with DWI. Shipley was reportedly found sleeping in his car with the motor running at 3:16 a.m., Jan. 5., on Vernon Avenue, by Officer Frank Klimjack.

Marsceill Kubis Wims Hill Mayl Alllen

An investigation into dealing crack cocaine in Batavia has led to the arrest of six people, including two people who were arrested on similar charges in October.

Sgt. Steve Mullen, head of the Local Drug Enforcement Task Force, said it didn't take long for Thomas L. "Blaze" Hill, 22, of Exchange Street, Rochester, and Jade Cierra Wims, 19, of Menlo Place, Rochester, to allegedly start dealing again once they were out of police custody (October's story).

"It's the pros and cons of living in a small community," Mullen said. "This is one of the pros, if you get busted once and start doing it again, it doesn't take long for the word to get out."

The six people -- four are accused of dealing crack -- were taken into custody Friday night and early Saturday morning after a search warrant was executed on a vehicle stopped on Manhattan Avenue and at an apartment at 174 Ross St., Upper.

The Ross Street residence appeared to be the base of operation for the alleged crack cocaine sales, Mullen said.

Task Force members stopped a car reportedly driven by Doris L. Mayls, 59, of Ross Street, and Mayls was allegedly found operating the vehicle while under the influence of drugs and driving on a suspended license.

A search of the vehicle allegedly turned up a quantity of crack cocaine and drug paraphernalia.

A passenger in the vehicle, Ricky A. Marsceill, 47, of Ross Street, was allegedly found in possession of crack cocaine and drug paraphernalia.

There was also a warrant for Marsceill's arrest out of the State of Florida for alleged violation of probation.

Task Force members with the assistance of Sheriff's deputies and Batavia PD entered the Ross Street residence and allegedly found Hill and Wims along with Marcus M. "Bling" Allen, 21, of Ferndale Crescent, Rochester, and Richard J. Kubis, 31, of Ross Street, Batavia, in possession of nearly an ounce of crack cocaine with an estimated street value of $1,500.

Investigators also allegedly found a quantity of marijuana.

Charges:

• Hill is charged with two counts of criminal possession of a controlled substance, 3rd, tampering with physical evidence, resisting arrest and unlawful possession of marijuana.
• Allen is charged with two counts of criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.
• Wims is charged with two counts of criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.
• Kubis is charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana.
• Mayls is charged with criminal nuisance, 1st, criminal possession of a controlled substance, 7th, aggravated unlicensed operation and criminally using drug paraphernalia, 2nd.
• Marsceill was arrested as an alleged fugitive from justice based on the Florida warrant.

All six were arraigned in Batavia City Court and jailed without bail.

Marsceill was arrested in Batavia twice in 2010, once for alleged DWI, and in December 2010, Marsceill allegedly tried to flee when Det. Pat Corona attempted to arrested him on a warrant out of Florida.

In September 2010, Kubis was charged with endangering the welfare of a child for allegedly giving cigarettes to minors.

The status of the previous cases, including those against Thomas and Wims, are not available at this time.

Engine 14 is out of service.

The 1989 Pierce Pumper was decommissioned last month and needs to be replaced, according to City of Batavia Fire Chief Jim Maxwell.

Maxwell prepared a memo for the city council to consider with options for replacing the pumper and explaining that the 23-year-old engine has proven increasingly unreliable.

"The unit since my arrival has been undependable when placed into service and has broken down during operations at two significant incidents," Maxwell wrote. "As we neared the end of 2011, it became evident that Engine 14 was not going to last until we took delivery of a new engine."

The city has been preparing for the retirement of Engine 14 and over the past four years has been able to set aside fire equipment reserves of $360,000.

The council will be asked Monday to decide whether to buy a new engine, buy a demonstration unit or buy a used piece of equipment.

City staff is recommending the city try to buy a demonstration unit.

Maxwell, in his memo, presented the pros and cons of each option.

For example, a new unit would be much more expensive, but could be outfitted exactly to city specifications and would come with a warranty.

With a used unit, you never know if you're buying somebody else's problems. There's no warranty. It would have a short life expectancy and would be outfitted to another department's specifications, but would be the least expensive option.

The demo unit is the middle ground -- less expensive than new, might need some equipment changes, but would still be under warranty and would likely be in service longer than used equipment.

When Engine 14 was inspected by Churchville Fire Equipment, inspectors found 51 deficiencies with the truck. Most of them could be fixed at a cost of $15,000 but the engine would still not meet National Fire Protection Association standards.

Until a replacement engine is purchase, the city is using a loaner from the City of Rochester Fire Department.

The department has two other trucks -- Ladder 15 and Engine 12, which go out on almost all city calls. Engine 14 was used for multiple-alarm fires, or when one of the other engines was being repaired or going through preventive maintenance, or when the city's Fast Team was called to the scene of a fire elsewhere in Genesee County.

A man accused of violating probation in Taxes and captured in Batavia On Tuesday appeared in Genesee County Court Friday morning and waived his right to extradition proceedings.

Terry W. Strickland, 30, of 110 Lake Park, Waxahachie, Texas, is allegedly wanted in Dallas County for a probation violation stemming from a conviction for assault with a deadly weapon. Strickland could have insisted the governor of Texas produce a warrant for his arrest and challenge any evidence of the charges' validity.

Tuesday, Batavia police officers responded to a report of a domestic incident at a residence on Dewey Avenue and, after identifying Strickland, discovered the warrant.

Press release:

United Memorial Medical Center is pleased to announce that plans are under way to provide Urgent Care Services at the Jerome Center in Batavia.

“This continues United Memorial’s efforts to increase access to necessary health care services to residents of Genesee County,” said Mark Schoell, president and CEO.

United Memorial currently operates an Urgent Care Center on Tountas Avenue in Le Roy which opened in July 2010. Visits to United Memorial’s Urgent Care Center in Le Roy have grown from an estimated 3,500 to more than 6,000 annually. Analyzing patient demographics based on zip codes indicate that a great deal of that growth is from the Batavia area.

Urgent Care services are a cost effective and convenient way for patients to receive quality medical care when their primary care physician is unavailable and they do not want to spend time waiting in an emergency room to be treated for a non-life-threatening injury or illness. Co-payments for urgent care are typically less than emergency room co-pays.

UMMC’s Urgent Care Center in Batavia, like the center in Le Roy, will be well equipped to treat a variety of ailments, including: sprains and fractures; cuts and lacerations; animal and insect bites and stings; cold and influenza symptoms; ear infections; pneumonia; bronchitis; urinary tract infections; asthma; sore throats/strep and mono; and influenza vaccines.

Urgent Care at the Jerome Center will be supported by United Memorial’s state-of-the-art medical imaging services, the most advanced in Genesee County. The Jerome Center is conveniently located in the heart of Downtown Batavia at 16 Bank St. It offers handicap accessibility, convenient parking, a gift shop and refreshment kiosk.

An opening date will be announced soon and is expected to occur in early spring.

Members of the Batavia Kiwanis Club stopped into "My Brother's Garage" after their weekly meeting Thursday. "My Brother's Garage" is a new secondhand store in the YWCA on North Street, where the Kiwanis meet each week. It's patterned after the long-standing and popular "My Sister's Closet" secondhand story at the Y.

Andrei Peter Sliker, 20, of 220 W. Main St., Batavia, is charged with petit larceny and criminal impersonation. Sliker is accused of stealing $10.75 in merchandise from Kmart on Tuesday. When approached by Kmart security, Sliker allegedly fled. When Deputy Chad Minuto located Sliker at his apartment, Sliker allegedly claimed to be another person in order to avoid being taken into custody. Sliker was jailed on $500 bail.

Dexter Lee Turner, 20, Start Street, Medina, is charged with petit larceny. Turner was arrested by Medina PD on a warrant out of Town of Batavia after Turner allegedly failed to appear to answer to a petit larceny charge.

A motor-vehicle accident with injuries has been reported in the area of 266 East Ave., Batavia.

City fire and Mercy EMS responding.

Traffic is blocked.

UPDATE 9:30 a.m.: Mercy EMS: "There's four patients here. So far, only one being transported." The injury is minor.

UPDATE 9:32 a.m.: Both vehicles will need flatbed tows.

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A 13-year-old Batavia boy who was reported missing earlier this week was located today in Cleveland.

A family member reportedly tipped police that Michael's non-custodial mother might be at a hospital in Cleveland seeking treatment, according to Det. Pat Corona, and the teen was located at the hospital.

The father of the teen is driving to Cleveland to pick up his son.

Corona said the teen, Michael Smith, is safe.

Smith reportedly failed to return from a visit with his non-custodial mother at a local hotel. The pair were spotted Monday morning boarding a bus in Buffalo.