Press release:

On April 5, Empire Justice Center filed a class-action suit against Batavia City
School District on behalf of three female softball players and their families, alleging wide disparities in treatment between girls’ softball and boys’ baseball.

Title IX forbids all federally funded entities from discriminating on the basis of sex. We are proud of the girls and their families for joining the ranks of so many brave Title IX plaintiffs over the course of history who have stood up for their civil rights and helped to level the playing field for women in sports.

In the words of one federal judge in another Title IX case, “[e]ach day these inequalities go unredressed, the members of the girls’ softball team, prospective members, students, faculty and the community at large, are sent a clear message that girls’ high school varsity softball is not as worthy as boys’ high school varsity baseball, i.e. that girls are not as important as boys.”

While we must refrain from commenting on the merits of pending litigation, we would like to make clear that had the Batavia School District agreed to commit to any concrete plans to remedy the inequities between girls’ softball and boys’ baseball by a specific date, there would have been no need for a lawsuit. As soon as the district makes a binding commitment, the case will be resolved.

As stated in the complaint, the Plaintiffs do not ask to take anything from their male classmates; nor are the girls asking for their own Dwyer Stadium (a request that they recognize would not be feasible). They are fans of the boys’ team and will continue to show their support by attending Blue Devils games at Dwyer regardless of the outcome of the case. They simply want equitable facilities to play on, as well as recognition that their athletic endeavors are as worthy as those of their male classmates.

A possible structure fire is reported at 33 Ross St. in the city. The fourth platoon is called into headquarters and city firefighters are on scene. National Grid is called.

UPDATE 4:29 p.m.: The fourth platoon is now called to the scene along with the second platoon.

UPDATE 4:30 p.m.: This is a working structure fire. Occupants are out of the house.

UPDATE 4:31 p.m.: The Town of Batavia Fire Department is placed on standby. You can smell the smoke Downtown.

UPDATE 4:33 p.m.: Elba Rescue and Alexander's Fast Team are called to provide mutual aid and the city's third platoon is requested as well. Firefighters are still trying to gain access to the basement, which is where the blaze began.

UPDATE 4:36 p.m.: Ross at Main Street will be completely shut down to traffic.

UPDATE 4:38 p.m.: Flames are showing at the north side of the basement.

UPDATE 4:46 p.m.: Two Mercy ambulances are called to stage at the scene. Entry has been made to the basement.

UPDATE 4:52 p.m.: National Grid has shut off power at the house. Ladders will be employed on all four sides of the house.

UPDATE 4:59 p.m.: Howard, who is at the scene, said the commander reports they "are starting to get a handle" on the fire.

UPDATE 5:12 p.m.: The fire is out in the basement.

UPDATE 5:29 p.m.: Now the basement is clear, too.

UPDATE 5:32 p.m.: The house is owned by Dr. David Paul. It is a historic structure and previously received an award from the Genesee County Landmark Society.

UPDATE 6:05 p.m.: There's only a small amount of smoke coming from the house at this point. Firefighters are going to use hand tools to open up the attic. A company is called to board up the house.

UPDATE 6:10 p.m.: Command reports the fire is under control.

UPDATE 6:36 p.m.: Darien fire's Cascade System is requested. This is portable equipment used to refill backpack oxygen air canisters.

UPDATE 8:39 p.m.: City Ladder 15 and Engine 11 are returning to quarters. Mutual aid responders have gone back into service with the exception of Town of Batavia's standby unit, which will be released momentarily when the city's crews return to the fire hall. City Engine 12 will remain on scene to finish up the detail.

Shortly after the National Weather Service sent out an alert on a heavy thunderstorm moving into Genesee County, the first thunderclaps could be heard and then a report came in of a transformer at Clinton and East Main streets, Batavia, blowing out.

Lines are arcing and the traffic light at the intersection has stopped working.

City fire is in route.

The weather service said the storm will produce thunder and dime-size hail.

A lawsuit filed on behalf of three Batavia High School softball players alleges that the varsity softball field there is substandard, but Section V officials and area softball coaches say the field isn't anything out of the ordinary.

Yes, it's not Dwyer Stadium, where the boys play baseball, but no coach has ever complained about the facilities at BHS, according to Bob Huber, chairman of the Section V girls softball committee.

In fact, the BHS has been used previously for neutral-ground games during early Section V playoff rounds.

Representing the girls in the suit is the Empire Justice Center out of Rochester.

The suit alleges a violation of Title IX, a federal law in place since 1972 mandating equal opportunity in public school sports.

According to the suit, the girls have been denied their rights under Title IX because the girl's softball field is not comparable to Dwyer Stadium.

Dwyer was built nearly 20 years ago at a cost of $3 million, which was financed by state grants and a city bond. The school district did not participate in its construction or financing.

The Batavia Muckdogs, a short-season Class A team affiliated with the Miami Marlins and owned primarily by the community, plays at Dwyer from June to September. During the spring, the field is open to high school and college teams.

For high school games, the Muckdogs collect $175 per game (Notre Dame plays at Dwyer as well).

Muckdogs General Manager Travis Sick said the $175 fee barely covers the cost of making the field available to high school teams.

"It's a community service and the city owns the stadium," Sick said. "We're happy to make it available."

The suit says the facilities are unequal because the girls field doesn't have 2,200 covered grandstand seats, nor lightning for night games, a ticket booth, an outfield fence, an electronic scoreboard, press box, covered dugouts, concession stand and bullpens.

Of course, the boys don't use all those amenities at Dwyer. Typically, fewer than 200 people attend a high school game.

CORRECTION: Only Notre Dame boys play night games at Dwyer -- twice a year.

But no high school games involve selling tickets and the concession stands are never open during high school games.

Dwyer is also one of the most cavernous professional stadiums around with 330 feet from home plate down each line. Few high school players can hit a home run over Dwyer's 12-foot-high outfield walls.

The suit alleges the girls playing at BHS can't hit-out-of-the-park home runs because there is no fence.

There is no fence at BHS because the outfield overlaps with a soccer field.

Also, according to the suit the "infield is covered with pebble-sized gravel mixed with some dirt, making it dangerous and painful for players to slide."

Ron Funke, athletic director and girls softball coach with Pembroke HS, and a member of the Section V committee, said the Batavia field is the same quality typical not only of girls fields, but boys fields, throughout Section V.

It's a special infield mix commonly used on softball and baseball fields, he said.

The suit states, "The infield material makes it harder for the players to play at their most competitive level and has given them a reputation in their league for having the worst field."

But both Funke and Huber said they've never heard complaints about Batavia's field and Funke said he thinks it's a fine place to play.

Funke indicated he was a little baffled by the suit.

"I don't know where else they'd play," Funke said. "There isn’t anything for softball other than GCC and there isn’t another facility like Dwyer for the girls to play in, and GCC has their own games to play."

The school distirct did manage to schedule four of the girls' 11 home games this season at GCC.

But even GCC's field doesn't have the amenities of Dwyer.

We called the Empire Justice center to respond to some of these issues, but the attorney handling the case is not giving interviews. We were told the center would issue a written statement for all media at a later time.

While the suit alleges that many girls fields in "the league" have fences, dugouts and seating, both Huber and Funke said it's really a mixed bag. There are several teams without fences, they said.

Both said there are also some boys' teams in Section V that play on fields without dugouts and bullpens.

The suit has multiple paragraphs covering the lack of night lightning for girls softball, noting that night games "have a big-league quality not associated with day games."

There are never night high school games played at Dwyer because night lighting is expensive.

The school district included proposed upgrades to the girls' field as part of a bond measure rejected by voters in 2011, and are including $110,000 in funding for upgrades in a bond measure that will go before voters next month.

School officials say, and the suit acknowledges, that Empire Justice attorneys were aware of the proposed bond measure before filing the lawsuit.

The suit complains that if the bond passes, improvements will only cover dugouts, scoreboard and a fence, and that the changes won't take place prior to the 2013 season.

The students named as plaintiffs in the suit are Rebecca Myers, 14, who's a student at Batavia Middle School, Elizabeth Myers, 17, a junior and captain of the team, and Kimberly Walsh, 17 and a senior.

The class-action suit seeks relief for all current and future girl softball players at BHS.

Currently, the school has no JV softball team because of a lack of participating students. In order to field a team for the 2013 season, the team includes two seventh-grade students and one eighth-grade student.

Asked if he was concerned that the district could go to the expense of upgrading the facilities and dealing with the lawsuit only to find that in a season or two, there will be no softball team due to lack of participation, Superintendent Chris Dailey said he is not concerned.

Asked if the district has considered moving the boys out of Dwyer and to one of the district's three baseball fields, Dailey said, "We're always thinking."

Dailey said he doesn't have an estimate yet on how much it will cost the district to respond to the suit.

If the cost of upgrades to the softball field is $110,000, the district will take nearly 45 years at $175 per game to pay $110,000 for the boys to play at Dwyer.

A car rear-ended a tractor-trailer at the intersection of routes 63 and 20 -- Texaco Town. There are minor injuries and no entrapment. But the car, with Connecticut plates, is pinned underneath the semi, according to a Sheriff's deputy on scene. Pavilion Fire Department and Mercy medics are responding.

UPDATE 1:28 p.m.: The Pavilion assignment is back in service.

Moderate to heavy rains tonight through Friday morning could cause localized flooding, according to the National Weather Service.

Low-lying areas and areas of poor drainage could experience minor flooding.

The storm's frontal boundary may stall over the Western New York region.

Flooding is more likely Friday morning.

UPDATE 1:05 p.m.: The weather service has also issued a hazardous weather outlook for the area with a freezing rain advisory. It will be in effect beginning in the early morning hours of Thursday from 2 through 11 a.m. Up to a third of an inch of accumulation is expected and this is likely to make roads and walkways icy and slick. It could also weigh down tree branches and power lines. Use caution when traveling.

We don't often get fog in Genesee County, but this morning Batavia looked a bit like London with a dense fog that cut visibility to about a half mile.

The National Weather Service said the fog is the result of recent rains and warned commuters to drive with caution. According to WBTA traffic reports, traffic is slow going into Rochester.

The fog should lift by midmorning.

More rain is expected tonight and there's a chance of snow Friday night.

A car plowed into a parked vehicle at East Main Street Road and Broadlawn Avenue in the Town of Batavia. The volunteer fire department and Sheriff's deputies are responding. A Mercy medic on scene reports no injuries.

UPDATE 8:39 p.m.: Town of Batavia Fire Department is told to return to quarters and is now in service.

The way Damian Ulatowski sees it a retail project should be able to stand on its own without taxpayers helping foot the bill to open a new store.

"I'm just kind of old-fashioned that way," said the Town of Clay supervisor. "If you believe in your project, you should be able to reap the rewards if it succeeds. If it fails, you should suffer the consequences as well. It shouldn't be up to the taxpayers to shoulder the burden. I just guess that's the way I was raised.

"We're rather conservative here," he added.

Ulatowski has been on the town board for 13 years and he's seen a lot of retail development within the town's borders during that time.

None of it, he said, has been built with a single dime in tax breaks.

In Clay, you will find dozens of Big Box retailers -- Walmart, Lowe's, Dick's Sporting Goods, Target, Bed, Bath & Beyond, Home Depot, Kohl's, Petsmart, Sam's Club, Barnes & Noble and even Wegmans.

"These businesses can survive without tax breaks but we've trained them that they can't," Uratowski said. "Clay is one of the most commercially built locations in all of Onondaga County. We have several business complexes. All of them are thriving. No stores are closing. None of them got any kind of subsidy."

One of the largest retail developers in Clay is COR Development, the Fayetteville-based company that is also responsible for Batavia Towne Center.

COR's two centers in Clay contain more than 700,000 square feet, with the first and largest development starting the permiting process in 2005, about two years before Batavia Towne Center.

COR, according to Genesee County Economic Development Center records, was promised $4.6 million in tax abatements to complete Batavia Towne Center, including a 10-year PILOT that is not yet expired (not all of the tax savings have been realized yet). 

Now COR is seeking nearly $1 million in additional tax breaks, ostensibly to help attract Dick's Sporting Goods and possibly a T.J. Maxx to Batavia, as well as at least one other retailer.

A public hearing will be required before the GCEDC board can vote on the incentive package, because under recently reenacted state law, retail projects cannot receive tax breaks unless there is a finding that the project is a tourist destination or fills retail needs not being met locally.

A date for the public hearing has not yet been set.

While COR apparently doesn't always need tax incentives to build, lease and sell its construction projects, the company has accepted at least $9 million in such incentives from three IDAs in the state, according to records obtained by The Batavian from the Authorities Budget Office.

The ABO did a search for "COR" (to capture possible subsidiary names that also use the COR name) as well as COR's business address to check for IDA handouts.

It's possible not all of COR's IDA-approved subsidies turned up in the search.

It apparently also left out projects where COR sold off assets. With Batavia Towne Center, for example, COR sold the Target property to the Target company, and those subsidies are not reflected in the ABO spreadsheet.

Besides Batavia Towne Center, COR has received IDA assistance for:

• A $42 million apartment complex in Watertown. There was no PILOT on the project, but COR did receive $2.2 million exemption on state and local sales tax for construction materials. The project was approved in 2012.
• On a $6.7 million retail project on Route 5 in Fayetteville, COR was approved for tax incentives in 2008, 2009, 2010, 2011 and 2012 totalling $3.5 million.
• Also in Fayetteville, in 2009, COR received $1.2 million in breaks on a 69,000-square-foot manufacturing and research facility for Sensis Corp.
• COR also built in Fayetteville a 24,467-square-foot office complex for Northwestern Mutual Life Insurance Co. at a cost of $3.7 millon and received $406,000.

Besides Clay, other COR retail projects that don't show up in the ABO report are center's in Canandaigua, Latham, New Hartford, Erwin and Webster (COR's creative naming for all of these projects tend to be some variation of "Towne Center").

It's possible some of those projects received local tax assistance -- assistance that didn't go through an IDA (Industrial Development Agency, such as GCEDC) and therefore doesn't show up in the ABO report.

That's case in Webster where Town Supervisor Ron Nesbitt said he uses Section 485-b of the state's real estate code to grant tax breaks.

While the code allows up to 50 percent of a property's assessed value to be forgiven each year (decreasing over the years in increments of 5 percent), Nesbitt said he only grants relief on 20 percent of assessed value, which decreases in increments of 2 percent per year.

That's 20 percent off the entire assessed value, not just on the increase in assessed value, as in the standard PILOT granted by GCEDC. A project that begins with an assessed value of $200,000 and then jumps in value by $1 million after development will be taxed on 80 percent of the entire $1.2 million of assessed value.

Because it's not an IDA-sponsored tax break, the agreement only covers Webster's property taxes, not Monroe County or school district taxes.

Nesbitt made it clear, he's no fan of the County of Monroe Industrial Development Agency (COMIDA). If a developer receives help from COMIDA, the company might find tough sledding in Webster.

"I have control over that building permit," Nesbitt said. "I'm not saying I'm playing hard ball, but I have control over the building permit and just how fast it goes through. You've got to remember, somebody is making a lot of money off these tax breaks."

Businesses should pay their fair share of taxes, Nesbitt said. They consume the local services, they should pay. He thinks IDA tax breaks give away too much.

"The pot is getting smaller and smaller," he said.

The Webster tax rate is $4.33 per thousand.

"The town tax isn't killing me," he said. "It's the school tax that's eating me up."

A developer in Webster would need to strike a separate deal with the school district since there's no IDA involved. The school tax is $22.90 per thousand.

Nesbitt said he even carries out his everybody-pays-a-fair-share philosophy to nonprofit agencies.

If a nonprofit wants to build in Webster, they need to agree to pay town taxes.

"I sit down with the president or CEO and I tell them, if you're not going to use any police service, any ambulance service or any other service, you don't have to pay a tax," Nesbitt said. "If you're going to use services, you pay the town tax."

Nesbitt said even with his hard line on tax breaks, companies still build in Webster.

As for Batavia Towne Center being a tourist destination, the City of Batavia has recently received a new study by W-ZHA, LLC, that indicates the center does fulfill one of the legal definitions of a "tourist destination." It is bringing in visitors from outside the city and town, but part of the justification for a tourist destination is spin-off spending.

That doesn't seem to be happening, according to the report. Shoppers are not stopping for meals at Batavia's restaurants.

Town and city residents alone should generate about $192 million in retail spending, but sales annually exceed $231 million, a gain of $39 million above what the city and town should generate.

"Both the town and the city are shopping destinations," the report states.

 How much of that $39 million comes from outside the county is unclear.

With the additional visitors for retail, the county's eating and drinking sales potential is $89 million. Local restaurants and bars are getting only about $59 million of that market, according to the report.

Last year, a study released by the consultants for czb found that the city was losing about $12 million in annual restaurant spending to surrounding counties.

The full W-ZHA report will be released at a later date.

​Batavia Board of Education meeting highlights from the Batavia City School District (BCSD) Board of Education meeting on April 8, include news and updates about the following:

• Preliminary Budget Update

• School-to-Work Update

• Bu​siness Education Alliance Presentation

Preliminary Budget Update

Business Administrator Scott Rozanski brought the Board up to date on work being done on the preliminary budget proposal for the 2013-2014 school year.

As relayed at a previous Board meeting by Superintendent of Schools Chris Dailey, the Board advocated for containing any budget increase to 2 percent or less, but the initial “rollover” budget one that maintained but did not add any new expenditures -- would have resulted in a 4.26-percent increase to the budget and a consequent 6.11-percent increase in the tax levy primarily due to significant increases in pension and employee health care.

Furthermore, he noted that the calculation for our district’s Property Tax Cap Levy* equals a cap limited to a 5.51-percent increase (*As has been widely reported, the Property Tax Cap Levy, popularly called “the 2-percent tax cap,” is actually calculated by using the State’s eight-step formula then adding items that the State has identified as exempt from the restriction. If a district’s proposed budget falls at or below this calculated limit, passage of their budget requires 50-percent voter approval. If a proposal exceeds the calculated limit, passage requires 60-percent voter approval.) Our district’s tax cap of a 5.51-percent increase would mean an estimated tax increase of $1.27 per thousand dollars of assessed value or, on an $80,000 home, an annual tax increase of $101.

The draft summary presented to the Board on 3/26/13 by Rozanski noted changes resulting from six teacher retirements, two clerical retirements, and the elimination of a proposed position for a School Resource Officer that would have been partially funded by the City of Batavia and partially funded by the School District. That budget proposal came to $41,409,757, and carried a tax levy increase of 3.98 percent.

The current (4/8/13) preliminary summary presented to the Board included increased revenue of $930,000 from the State, primarily in restored State Aid, but also included additional expenditures of $571,000 -- approximately $121,000 in lost federal grants as well as an estimated $450,000 in additional expenses for the three employee contracts which are in the process of being negotiated.

The final figures for this proposal are: an expenditure total of $41,981,241 (up $1,894,509 or 4.73 percent from 2012-2013); a revenue total of $21,602,411 (up $1,897,680 or 9.63 percent from 2012-2013); an appropriated fund balance of $1,875,660 (down $365,965 or 16.33 percent from 2012-2013); and a tax levy of $18,503,170 (up $362,794 or 2 percent from 2012-2013).

“This budget proposal puts us at a 2-percent cap, which was the Board’s goal, rather than a 5.51-percent cap, which is what the State calculations permitted, and the elimination of jobs is not necessary,” Dailey said.

In addition, he noted, it preserves the funding for transportation so that all pre-kindergarten through first grade students will be eligible for bussing, which has been identified as a safety concern.

As a reminder, important dates related to the May vote include the following: Board of Education candidate petitions became available on March 12 and must be returned by April 24. Beginning May 6, copies of the proposed budget for 2013-2014 will be available in these Batavia locations: the Administration Offices (260 State St.), Batavia High School main office (260 State St.), Batavia Middle School main office (96 Ross St.), John Kennedy Intermediate School main office (166 Vine St.), Jackson Primary School main office (411 S. Jackson St.), and Richmond Memorial Library (19 Ross St.).

Organizations are encouraged to request a presentation of the proposal by calling the Superintendent’s Office (343-2480, ext. 1000). Presentations can be scheduled for after May 6, which is when the official proposal will be adopted by the Board.

The public hearing for the vote on the proposed budget will be at 7 p.m. May 14, in the High School library. The Budget Vote and Elections will be May 21 from 7 a.m. to 9 p.m., with polls open at Batavia High School (260 State St.) and John Kennedy Intermediate School (166 Vine St.).

Absentee Ballot voting is also permitted, and absentee ballots will be available during school business hours from the District Clerk from April 24 through May 14. April 24 is also Voter Registration Day from noon to 4 p.m. in the Administration Offices on State Street.

Please call if you have questions about the proposals or voting procedures: 343-2480, ext. 1000.

School-to-Work Update

BHS Business Teacher and School-to-Work (STW) Coordinator Jillian Thomas provided an update on the STW programs she coordinates: Make a Difference Day, Job Shadows, Career Related Field Trips, and K-12 Junior Achievement.

For the 14th annual Make a Difference Day, 22 nonprofit agencies hosted 170 BHS seniors so that the students could learn about giving back to the community and, for many, explore possible career fields. In addition, by the end of 2013, at least 19 students will have completed job shadows, several classes will have taken career-related field trips such as that taken by AP Biology students to the University of Rochester science labs, and 14 classes will have had a Junior Achievement volunteer come in and teach a business-related lesson.

To provide some examples of the value of STW programs, Thomas provided an opportunity for two students to speak about their experiences. Daemeon Reeves spoke about his job shadow with a State Trooper which reinforced his desire to go into law enforcement, and Jessica Valvano-Hoag spoke about her Careers and Financial Management class (taught by Eileen Ognibene) in which she has learned much about how to pursue a career -- such as how to write a resume, and how to prepare for and conduct oneself in a job interview. Two highlights of her class experience were participating in a mock interview and completing a job shadow with a local photojournalist.

Genesee County Business Education Alliance

Bill Hayes, Business Education Alliance (BEA) board member, reviewed the services provided to the District through the BEA and thanked the District for its continued financial support as well as the guidance and preparation it provides to students in regard to work.

In fulfilling its mission, the BEA fosters a partnership between business and education and assists students in preparing for the world of work through coordinating or participating in such things as: the Business School Interaction Committee; Junior Achievement; mock interviews; job shadows; teacher site visits; students site visits; virtual site visit videos; career speaker luncheons; classroom visits; career fairs and camps; resources and referrals for counselors seeking specific career education and/or employment opportunities for students; and class projects for students that mimic real business interactions.

A few additional District-specific services for Batavia have included assisting with recruiting Senior Exit Project volunteers and judges, and providing mock interviews and job shadows for Eileen Ognibene’s Careers and Financial Management class. The BEA’s programs help the District meet the NYS Learning Standards, particularly in Career Development and Occupational Studies, and they expose students to career opportunities in our own region.

Turning city parks into a more regulated environment didn't go over well with the City Council Monday, which voted to table a resolution that would have added new rules for residents wishing to book large gatherings at park pavilions.

The rules would have banned amplified music, bounce houses and grilling pits.

The council voted 6-3 to table the proposal and have an informal committee of council members meet with City Manager Jason Molino to discuss pavilion rental rules.

"I don’t feel we suddenly need to make changes in our rules and regulations and our application process simply because of a couple of various groups that created some problems," said Councilman John Canale.

Councilman James Russell said further restrictions run counter to the intention of having parks in the first place.

"I think we’re restricting the citizens of Batavia from using the parks for what they were intended to be used for," Russell said.

Council members Kathy Briggs, Tim Buckley and Pier Cipollone voted against tabling the proposal.

Cipollone said he was generally in favor of the rule changes.

"The only one I had any problem with is the amplified music because if I were to have an event there, I would probably want to have music," Cipollone said. "The other items were fine to me."

WBTA contributed to this story.

Press release:

On April 5, the Batavia City School District received notification that a lawsuit was filed by the Empire Justice Center on behalf of a few District parents with the intent to demand an immediate upgrade to the girls’ softball field claiming the District was in violation of Title IX of the Educational Amendments of 1972.

The District believes this lawsuit is misguided as the issues addressed in the lawsuit have already been diligently pursued and we have prepared a proposition for voter approval during the annual District’s budget vote in May 2013.

In 2011, softball field upgrades were included in the District’s capital-improvements project proposal which was ultimately voted down by the taxpayers. Even after the capital improvement proposition was voted down, the District allocated as much funding as possible for material and labor to resurface the girls’ softball infield. In addition, arrangements were made to have nearly half of the home games played at an area premier softball facility, Genesee Community College.

The District also continues to make regular maintenance on this field and whatever improvements it can make within the approved budget. To continue its efforts to upgrade the softball field, in 2012, the District commenced an architectural study to address resurfacing the field, installing dugouts, an electronic scoreboard and outfield fencing. This plan was reviewed and approved by the Board of Education at its Feb.12, 2013 meeting.

A proposal to fund this plan, which also includes capital improvements for District buildings and the Richmond Memorial Library, will be placed on the ballot during the annual vote on the District’s budget on May 21. If the voters approve this capital proposition, the District will initiate the upgrades to the field as outlined above after the softball season ends so as not to disrupt the current season.     

Subsequent to the Board’s approval of the plan, the District received a letter on February 20, 2013 from the Empire Justice Center demanding that the softball field be upgraded immediately. The District met with representatives of the Empire Justice Center to review the matter.

We explained that the requested upgrades in their letter were the same improvements already incorporated into the District’s proposed project with the exception of night lighting. We shared with these representatives that commencing an upgrade immediately was impractical given that the work would render the field unplayable for most of the season as well as that the work was duplicative of that included within the District’s proposed capital project.

Unfortunately, the District’s good-faith efforts in terms of work already done to the field as well as the presentation of comprehensive facility upgrades to the voters for approval in May 2013 were ignored. However, with just a few more months of patience, it is the District’s belief that it will be able to embark on a comprehensive and complete renovation to the softball facilities.

Here are some tips on burglary prevention for both inside and outside of your home:

Inside the House

• Set timers on interior lights: This goes a long way in deterring burglars, who often look for crimes of opportunity. Don't allow your house to appear as if no one is home.
• No status updates: Never broadcast your location on Facebook or Twitter. Even if you think that it's only your friends or colleagues viewing your online profile, it's safest not to leave any sort of opening for a possible burglar.
• Alert alarm company: If you have an automatic security system in place, call your representative, announcing you'll be away from home for an extended period of time. Make sure the alarm is set properly when you leave.
• Secure valuables: If you don't already have your jewelry or other valuables in a safe deposit box, now might be the time to do so. Doing this also ensures that you don't leave out anything valuable in plain sight that a burglar might be able to see from a window.
• Lock all doors and windows: It might seem obvious, but double-check just to be sure.

• Arrange for lawn care: Have your landscaping tended to by a friendly neighbor or local service. Before you leave, trim tree branches that might allow access to a climbing burglar.
• Newspaper and mail: Stop mail and newspaper deliveries, or have them regularly picked up by a neighbor. Again, you don't want to easily clue in a burglar to your absence by the mounting newspapers on your doorstep.
• Exterior lighting: Set these lights on timers as well, to deter burglars.
• Don't leave spare keys outdoors: Collect any hidden spare keys from around the exterior of your home. Remember, burglars know the most popular hiding places, like beneath mats and in potted plants.
• Lock up garage: Even if there is no entrance to your house from the garage, there's still a chance for numerous things to be stolen. Secure the door and any entrances to the garage.

For more information or insurance coverage: please call the Mark Lewis Agency at: (585) 343-4959 or stop by, we're located at: 8331 Lewiston Road, Batavia, NY. Visit us online at: http://www.marklewisagency.com/

A three-car accident, with one person injured, is reported at 372 Bloomingdale Road. A utility pole is down, three high-tension wires are in the roadway and a transformer is leaking fluid. National Grid is notified and will shut the power down. The location is between Shanks and Tesnow roads. Sheriff's deputies are on location and Alabama fire and rescue are responding. Mercy medics are there and say a male driver hit a pole and has chest injuries.

UPDATE 3:26 p.m.: Bloomingdale Road is going to be shut down at Shanks.

UPDATE 3:28 p.m.: Fire police out of Akron are called to the scene.

UPDATE 3:34 p.m.: Bloomingdale at Martin Road is also being closed.

UPDATE 4:11 p.m.: A male in his 50s is being taken to UMMC.

UPDATE 5:53 p.m.: The roadway is reopened. Alabama is back in service. National Grid is on scene.

A grass fire is reported at 10119 Pavilion Center Road. Pavilion Fire Department is responding non-emergency. The location is between Stubb and Junction roads. There is a small structure nearby, but the fire chief on scene says it's not in danger at this time.

UPDATE 3:38 p.m.: The fire is out. Pavilion is back in service.

A lot of topics were covered in a four-hour meeting of the board of trustees for the Village of Corfu on Monday evening.

• The board decided to move ahead with an upgrade to the sewer treatment plant in conjunction with the Town of Pembroke;
• The board attempted to hire a new village attorney;
• A former trustee wanted to know why newly elected Mayor Rosie Peterson called up his employer to ban him from the sewer plant (which he manages);
• A current trustee said he received two written complaints from village employees about demands that they share their work computer passwords;
• The trustee took up the topic of the police budget as part of an ongoing attempt to close a possible budget deficit.

So, we'll take these topics one at a time.

Sewer Treatment
Paul R. Chatfield, president of Chatfield Engineers, made a presentation on the proposal to expand the capacity of the Corfu waste treatment plant in conjunction with the Town of Pembroke.

Peterson (inset photo) said he asked for the presentation because he didn't believe village residents were ever given an opportunity to learn the cost of upgrading the sewer plant without involving Pembroke.

The plant was built 30 years ago and needs upgrades, but it's also handling only 65,000 gallons a day when it was originally designed to handle 135,000 gallons a day.

The cost of building in conjunction with Pembroke is nearly $1.7 million. The cost of Corfu going it alone is nearly $1.5 million.

However, the Department of Environmental Conservation grant to help pay for the project is contingent on Corfu and Pembroke working together on the project. The grant covers $1.1 million of the cost.

Plus Genesee County Economic Development Center is providing a $75,000 grant to the project, contingent on the project getting the DEC grant. 

Not factored into Chatfield Engineers' calculations is another $100,000 grant that has recently become available, but the village has yet to apply for it.

With the grants, the cost of the debt service for Corfu residents on a combined plant is 64 cents per 1,000 gallons, the cost of going it alone (and therefore no grants) is $4.66 per thousand gallons.

The cost of operations and maintenance also increases in the go-it-alone scenario from $286 per home per year to $397.

If the village were to go it alone, the average resident would pay $677 annually for sewer service while combining with Pembroke means an annual fee of $324 for that same household.

As Pembroke grows, the cost per household will decrease as the cost is shared by more property owners.

Pembroke High School is also facing potentially costly sewer upgrades, which the combined plant can help solve, but without the combined plant, the school district would need to raise district taxes to help pay for upgrades.

The trustees voted to have an attorney draft a resolution on issuing a bond to help pay for the Corfu/Pembroke project.

New Village Attorney
The trustees went into closed session with local attorney Kevin Earl to discuss whether to hire Earl as the new village attorney.

When the trustees came out of closed session, Trustee Keith Busch made a motion to hire. Trustee Art Ianni seconded the motion but said he wanted to discuss it. As soon as it was seconded, Peterson called the question and he, along with Busch, voted yes and Trustee Ken Lauer voted no.

Ianni then explained that he could support hiring Earl if former village attorney Mark Boylan was retained to handle the sewer project.

"I don't think having him jumping in when this all started four years ago is a good idea," Ianni said. "Writing letters and sending e-mails and going back and forth between two lawyers, that's a bad way to go."

Peterson said he agreed.

There was a little more discussion and then Peterson moved onto the next issue.

Ianni never cast a vote on the motion.

After the meeting Peterson and Sandra Thomas, village clerk, admitted the motion had not been properly handled and the issue will need to be on Thursday's agenda (when the board meets for further budget discussions).

Once the voting started on Busch's motion, it needed to be voted down before a new motion was made and it couldn't be amended at that point, plus Ianni never actually cast a vote on the motion.

Later in the meeting, former trustee Al Graham asked why Peterson wanted to replace Boylan. Peterson said, "One thing about this post, I do have some options available to me. This was a board decision and other board members voted also."

Peterson and Busch also said Earl's rates are lower than Boylan's.

Peterson's call to Al Graham's boss
The first topic raised during public comments was by former trustee Graham. He wanted to know why Peterson called his boss and told him Graham was banned from the sewer plant.

Graham's employer has the contract to run the sewer plant and Graham is a regional manager, overseeing the Corfu plant among others.

Peterson confirmed he made the call.

"I don't trust you," Peterson said.

Graham pressed the issue and Peterson repeated that he didn't trust Graham and said nothing more.

Tim Skeet, brother of former mayor Todd Skeet, asked, "so you're going to run the village on gut feeling?"

Peterson said he felt like he had been verbally punched in the mouth a few times by Graham and that's why he didn't trust him.

"This village board was elected by the people of the community and the board is who actually makes the decisions," Peterson said. "The mayor is the manager of the organization, so when we talk about actual management of the village, the mayor is the manager. The board makes all of the decisions."

During public comments, it was noted that there will be a change in how disposal of large items will be handled in the village from now on. For years, residents could drop off items at a roll-off container once a month. With the new budget, the expense is being trimmed, and the roll-off will be available only once a year, in June.

Employee Complaints
Lauer said in the absence of the deputy mayor, who is out of town, village employees Thomas and Deputy Clerk/Treasurer Denise Beal, filed written complaints with him about Peterson demanding the passwords to their work computers.

Obtaining the password, it was noted, would allow Peterson to alter files without being detected.

Peterson said he was merely trying to learn as much as he could about what has been going on with the village and why it's in the shape it's in.

"All I'm trying to do is find out what's going on this village," Peterson said. "I get criticized for not knowing anything, but then when I try to figure out what's going on I get criticized. It's one of those things where I'm learning. I guess some people are born with all the knowledge they need to know when they need to know it at that point in time. Unfortunately, I'm not that gifted."

Multiple sources have confirmed with The Batavian that earlier, after Peterson began trying to obtain passwords to village computers, officials from the NYS Commission on Judicial Conduct had seized the village court's computers. The commission is conducting an investigation into the conduct of former Village Justice Robert Alexander, who presided over the court when at least $10,000 in court fines and bail money allegedly disappeared.

As to the possible connection after the meeting between Peterson trying to obtain passwords and the seizure of the court computers, Peterson said it was the first he was hearing about the seizure and he had no comment.

When the former mayor asked during this portion of the meeting what was going to be done with the employee complaints, Peterson told him the time for public comment was over and he couldn't speak.

It was the only time during the entire meeting in which a specific member of the public was told he or she couldn't speak.

With the election of a new justice, Peterson must appoint an acting justice. The acting justice is required by village law so there is a justice is available to fill in when the elected justice is not available.

The acting justice, if the person has no prior experience, must take a state-mandated class. That class is being offered this week.

Peterson said he needs more time to think about it.

Some village residents expressed concern that Peterson is delaying so he can appoint Alexander to the acting justice position.

Police Budget
The bottom line is the police budget is being reduced from $170,000 to $137,000.

After a long discussion about the budget, in which Officer Gene Nati and Peterson discussed how to make the police department more profitable, the board went into closed session -- even though the closed session wasn't previously announced on the agenda -- with Police Administrator Sgt. James Meier.

After the closed session, Peterson announced that Meier had offered to take an $8,000 annual cut in pay.

Meier receives a salary to work 20 hours a week overseeing the part-time village police force.

After the meeting, Meier, who is employed full-time with the Sheriff's Office, confirmed he made the offer because he does have a full-time job and other village employees need their present jobs. He hopes by taking a pay cut it will help protect those jobs.

During the meeting Nati pressed the board to eliminate the administrator position.

He provided a break down of revenue for the village from traffic tickets and said the number of tickets written from 2008 to 2012 declined, and so did revenue. Nati believes the police department has gone from a revenue generator to a money loser in that time frame.

"The giant elephant in the room when you look at the village numbers and do the cost comparison from 2008 to now is that one officer accounts for 23 percent of the patrol budget but generate's zero dollars in revenue," Nati said.

Peterson asked Meier if he would be willing, in addition to his administrative duties, to go on patrol and write tickets and Meier gave a one word answer, "no."

Nati pushed for more patrol hours.

"Keep in mind," Nati said, "that every hour an officer doesn't work he doesn't generate any revenue."

Peterson said what he would like to do is cut patrol hours, but then concentrate those hours during times when traffic is going to Darien Lake.

If the patrols generate a profit, then the additional revenue can be used to fund more hours for officers.

Budget Deficit
At the start of the budget discussion, Peterson said the village still had a $211,000 budget deficit to close.

The village anticipates $530,000 in revenue with current expenses, before additional budget talks, at $741,00.

If those numbers were to hold, the village would need to raise property taxes from $2.90 per thousand to $7.19 per thousand.

Peterson said it's up to village residents to decide if they want to make the expense cuts necessary to balance the budget or accept a tax increase.

The trustees will discuss the budget again on Thursday and on Friday.

If you happen to be outside just after midnight on this early Tuesday morning, the National Weather Service advises: Get indoors now.

A thunderstorm is passing through the area that is capable of producing dangerous cloud to ground lightning.

The storm is moving east at 65 mph and may produce dime-sized hail.

Updated at 5:09 p.m. with additional information.

In December, as the statute of limitations ran out on a set of burglaries in the city, all investigators had was a DNA profile of a suspect, so the Distirct Attorney's Office sought an indictment against the DNA profile.

A man whose DNA matches that profile was recently arrested and he will be arraigned on the three-count indictment in the morning.

The suspect is no longer "John Doe." His name is Samuel G. Malone. He is 27 and most recently a resident of 36 Walnut St., Batavia.

Investigators believe they've found a match with Malone's DNA to the suspect's DNA following Malone's conviction on an unrelated matter.

Malone will be charged with burglaries at the former Ponderosa Steakhouse in August 2008, Mortellaro's Awards, August 2008, and Palace of Sweets, September 2008.

Det. Pat Corona said Malone allegedly made forced entry into the establishments and was looking for whatever cash he could find.

The indictment was for two counts of burglary, 3rd, and one count of attempted burglary, 2nd.

Malone is currently in custody on $25,000 bail pending a bail review in County Court.

Det. Charles Dudek, Det. Todd Crossett and Sgt. Patrick Corona all worked on the case.