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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.

VIDEO: March for Justice, Batavia, NY, June 7, 2020

By Howard B. Owens
Video Sponsor
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While livestreaming yesterday's protest/march, I was also video recording with my DSLR camera. Here are key points from three hours of recording edited into 20 minutes so that you might, hopefully, be able to get a flavor of the day's event in a condensed version.

I hope and trust that the editing has maintained an accurate reflection of the event. A few people have complained that during the livestream, they couldn't hear interviews. The iPhone used for the livestream is an omnidirectional mic. It picks up everything. The shotgun mic on my DSLR is directional, so you will be better able to here the excerpts from those interviews in this video.

This is a significant event in Batavia's history. Please watch.

For more photos, visit Steve Ognibene's photo gallery

Genesee County's average gas price up three cents

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.03, which is 5 cents higher than a week ago. One year ago, the price was $2.76. The New York State average is $2.20 – 2 cents higher than last week. A year ago, the NYS average was $2.90.

AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.25 (up 3 cents since last week)
  • Buffalo -- $2.19 (down 1 cent since last week)
  • Ithaca -- $2.11 (up 1 cent since last week)
  • Rochester -- $2.20 (no change since last week)
  • Rome -- $2.21 (up 3 cents since last week)
  • Syracuse -- $2.10 (up 1 cent since last week)
  • Watertown -- $2.19 (up 1 cent since last week)

The national average price for a gallon of gasoline has topped $2, after spending months below that $2 mark due to inactivity among motorists, low demand and slowed production.

Prices have been slowly rising as states reopen and demand for gasoline increases for both work and recreation purposes. While demand is on the rise, levels are still lower than one year ago.

Expect prices to continue to increase as the summer travel season gets underway. This year, AAA expects road trips to be very popular.

From GasBuddy:

"It's no surprise that gasoline prices have increased for the sixth straight week as gasoline demand has hit its highest level since early March as Americans are returning to the roads," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"With OPEC extending its large oil production cuts until at least July, oil prices continue to rally. In Sunday evening trade, a barrel of WTI crude oil briefly touched $40 per barrel, the highest level in months thanks to rebounding demand for oil and gasoline as well as the previous production cuts.

While I don't see oil's strength holding too long given that oil demand remains 20-25 percent below a year ago, I believe the anxiety pushing oil prices up is coming from the fact that the economy may be recovering quicker than most anticipated. For now, motorists will likely continue to see gas prices rising for the weeks ahead."

Rollover accident reported in Pavilion at Transit and Keller roads

By Billie Owens

A one-vehicle rollover accident is reported in Pavilion at Transit and Keller roads. A female sustained a back injury and is unable to exit the vehicle. A male complains of head pain.

Bethany Fire Department is responding along with two Mercy ambulances.

UPDATE 8:45 p.m.: Extrication equipment is requested and more manpower from Bethany.

UPDATE 8:56 p.m.: The patient with the back injury has been extricated.

Caller in Elba complains of speeding four-wheelers on Transit Road

By Billie Owens

A caller in the 6800 block of Transit Road in Elba reports to dispatchers that four-wheelers are traveling up and down the roadway at a high rate of speed and the operators are not wearing helmets. Sheriff's deputies are responding.

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.

Fight reported on Ross Street

By Billie Owens

A physical fight among about a dozen people in the 100 to 200 block of Ross Street in the city is reported. Police are responding.

UPDATE 2:33 p.m.: Police are on scene.

UPDATE 3:02 p.m.: Police report the situation is under control.

Collision reported at East Main and Bank in the city

By Billie Owens

A blue Honda Odyssey and a red Chevrolet SUV collided at East Main and Bank streets in Downtown Batavia, partially blocking traffic. No words on injuries.

Batavia police, fire and Mercy medics responded.

Police ask for traffic control

By Billie Owens

Police are asking for assistance with traffic control at West Main and Ellicott streets Downtown.

UPDATE 10:52 a.m.: Police ask for two patrol cars to shut down eastbound traffic at Main and Ellicott streets.

UPDATE 11:19 a.m.: Organizers can be heard on our livestream saying it's time to go and the crowd is dispersing.

UPDATE 11:22 a.m.: Pizza! Pizza! Now all are invited to "eat as much pizza as you want" -- courtesy of Main Street Pizza Company, from boxes stacked in the back of an organizer's vehicle.

LIVE: Protest and March for Equality in Batavia

By Howard B. Owens
Video Sponsor
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Here's the plan: I'm going to attempt to periodically livestream today's events. It won't be a constant stream. This player, if it works right, will show streaming content when I'm streaming, and show as unavailable when I'm not. I believe if you just keep the stream open, in play mode, it will start playing for you whenever I'm streaming.

Photo: Restaurant owner paints 'Black Lives Matter' on boarded-up window

By Howard B. Owens

img_2028vicblacklives.jpg

Vic Marchese, owner of Main St. Pizza Company on East Main Street, Batavia, works on a "Black Lives Matter" sign on boards he had placed over a large window on the outside of his restaurant.

Marchese said he doesn't believe anybody locally would harm his business and he doubts agitators from outside our community will come to Batavia for tomorrow's protest, but the window he covered was custom made for his shop and was very expensive. He thought it best to be prepared if there is trouble following the protest.

Main St. Pizza is one of about a dozen businesses in Batavia that decided to board up their windows and doors for Sunday.

The protest gathering begins at City Hall at 8 a.m. The march from City Hall to the Batavia PD headquarters is scheduled for 11 a.m.

Public Health reports one new positive COVID-19 case in Genesee County

By Howard B. Owens

Press release:

The Genesee and Orleans County Health Departments have received four more COVID-19 cases. Orleans has three new positive cases (bringing the total to 242), and Genesee has one (bringing the total to 195). 

Contact tracing has been initiated and all who have had direct contact with the individuals will be notified by Health Department staff. All of the new positive cases are community members and none of them were under quarantine prior to testing positive.

There is currently no further information to release on ages and locations. Mapping to include the positive cases from the weekend will be updated on Monday afternoon.

In this morning’s address, Governor Cuomo announced churches can have services starting immediately with up to 25 percent of their building capacity. Social distancing, face coverings and proper hygiene must be followed.

All churches also have to have a completed business safety plan in place.  

Now that we are halfway through Phase Two, we ask residents to continue social distancing, mask wearing, and proper hygiene. Even when you are outside, the virus can be spread.

We also ask residents to be respectful of the business owners and wear masks while you are in their establishment. If you are unable to wear a mask due to a medical condition, call the business and ask for curbside delivery.

We can all show people that we care and respect them by continuing these practices to keep everyone safe.

Accident reported at Oak Orchard and Lockport roads, Elba

By Billie Owens

A two-vehicle accident, unknown injuries, is reported at Oak Orchard Road and Lockport Road, which is east of Route 98 (Quaker Hill Road). Elba Fire Department and Mercy medics are responding.

UPDATE 5:42 p.m.: A caller to dispatch reports no injuries.

UPDATE 5:45 p.m.: A first responder corrects the location -- the accident scene is at Oak Orchard and North Byron roads.

UPDATE 6:28 p.m.: The Elba assignment is back in service.

Hawley calls for in person graduations, says Cuomo's plan for drive-thru ceremonies is 'gross misuse of power'

By Billie Owens

Press release:

Assemblyman Steve Hawley is calling on his fellow Assembly members to allow high school students to graduate in person alongside their peers, as opposed to the governor’s plan for a drive-thru graduation, which Hawley calls “just one of the many gross misuses of executive power during the coronavirus crisis.”

Hawley argues that while solutions could have been discussed in the public setting and agreed upon by individuals, the governor has once again moved for a one-size-fits-all solution, which has been the greatest detractor of moving forward since this outbreak began.

“There exist plenty of solutions to holding a healthy and safe ceremony for our graduating high school classes, and I’m just as frustrated as the students are that the governor has once again decided to make a unilateral decision for an issue that can easily be brought into the public forum,” Hawley said.

“With graduations oftentimes taking place outside, the social distancing parameters could have easily been met, which would not only satisfy the health-conscious concerns of the executive, but given the graduating students the send-off they deserve. It’s no small feat to complete 12 years of education, and these students deserve to have their time, energy, and success recognized and celebrated along with their peers and families."

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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