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Following a presentation by Superintendent Anibal Soler, the city schools' Board of Trustees approved a plan Monday night that could have full in-class learning for all students whose families want it starting Monday, April 19.

Families who want learning to remain 100-percent virtual will be able to continue online education for the remainder of the school year.

The hybrid model, where students split time between in-home virtual classrooms and on-campus classrooms, will be eliminated.

The decision to return to full-time learning is being driven by data and what state and national leaders are saying about the importance of in-class learning, Soler said.

"I feel, along with the board, that this is why it is time for us to take some significant steps to get us back to school the way it used to be," Soler said during the meeting.

Soler noted that the Centers for Disease Control has changed its guidance on classroom instruction, providing the option to keep students three feet apart instead of six feet. While this change makes it more realistic to get students back in classrooms, six feet is still ideal and where possible, the district will strive to keep students six feet apart, Soler said, or at least five feet, or at least four feet, going to only three feet apart where a greater distance is not feasible.

Previously, one of the issues with opening up the schools was transportation. Currently, students who are transported by bus must sit one to a bench seat. In the new plan, two students will be allowed to share a single bench seat so long as both are masked.

Students will sit on the bus according to a seating chart, so that if later a student does test positive for coronavirus school officials can identify students who were within six feet of the COVID-19-positive student. Such students will be asked to quarantine.

The buses will be disinfected between runs.

The state's Department of Health has not yet approved these guidelines, but Soler anticipates that the state will approve the changes. Gov. Andrew Cuomo at a Feb. 19 briefing said he believes schools should go back to in-class teaching where COVID-19 prevalence is low and that the change should be a local decision. 

One factor in the district's favor is that at least 50 percent of the staff will be fully vaccinated by April 10. Soler believes the number of staff members vaccinated is actually higher but the district only has data for those individuals who accepted their vaccination through the district. Every staff member has been offered the vaccine.

Soler has already met with leaders of the teachers' and clerks' unions and both support a reopening plan as long as safety protocols are in place.

To prepare, support staff will start moving furniture in classrooms and cafeterias during spring break, March 29 to April 2.

From now until April 9, Soler will be holding virtual meetings with staff members to roll out the plan, answer questions, and address concerns. 

"They may have ideas we haven't thought about," Soler said.

All cohorts will be in virtual classrooms on April 15-16 in order to give teachers a final two days of prep before starting in-classroom teaching.

"This will give us a full 10 weeks of in-person learning for 80 percent of the district," Soler said.

The potential barriers to carrying out and continuing the plan, Soler told the board, are: if the district receives a directive from the Department of Health; or receives a court order; or if there is a spike in community spread or some other sign of the infection rate going up in the community. 

"Then we have to reset, go back to virtual learning for two weeks before resuming the hybrid model," Soler said. "We will continue to protect staff and students if we see a large number of cases."

The timeline allows two weeks between spring break and the resumption of classes. This means if increased social contact during spring break leads to a spike in cases, the district can reevaluate whether April 19 is the right time to go back to in-class learning.

But given all the evidence experts have gathered, Soler said, the district does need to get back to normal classroom instruction. It's better for the students academically, emotionally and socially. It will also be less stressful for teachers.

"Our teachers have been burning the candle at both ends," Soler said. "They have been working hard and managing two groups of students. I commend them on what they do but it's time to get them back to doing what they do best, which is teaching kids in front of them."

A brush fire is reported off of South Jackson Street and South Swan Street in Batavia.

Dispatch has been asked to notify CSX and slow trains passing through the area.

South Jackson is being shut down.

UPDATE 3:22 p.m.: The city's fourth platoon is called to fire headquarters on Evans Street.

UPDATE 3:38 p.m.: City fire is picking up. CSX can go back to normal traffic.

Throughout the fire area were pieces of a toilet, as if it exploded. It's unclear if it's related to the fire. The cause of the fire is under investigation.

Pandemic restrictions won't disrupt one of the most important traditions at Le Roy High School: the annual musical.

This year, music and drama students at Le Roy are presenting a virtual performance of "The Theory of Relativity" by Neil Bartram and Brian Hill.

Streaming tickets are available at leroycsd.org with performances at 7 p.m., April 8, 9 and 10.

The video above explains how the students brought the production together and the new technology skills they learned in the process.

A two-vehicle accident with four minor injuries is reported at Judge and Alleghany roads in Alabama.

The only ambulance available to respond is out of Medina.

Along with Alabama fire, mutual aid requested from Shelby and Oakfield, which has a rescue engine available.

UPDATE 11:25 a.m.: A chief informs dispatch that they are set for medics at the scene and is requesting that Shelby shut down southbound traffic. "We're all set for medics. Right now I just need traffic control," the chief informs dispatch. Oakfield is standing down.

UPDATE 11:31 a.m.: Mercy Flight is requested to the scene.

Press release:

Senator Rath conducted a survey focusing on hunting issues contained in the Governor’s Executive Budget Proposal.

“Hearing from residents and knowing where they stand on proposals is extremely important to me. We received input from thousands of residents, from all over New York State. Thank you to all those who took the time to share their views with me. With this information, I am able to better represent my constituents,” said Senator Ed Rath.

“Thank you to Senator Rath for asking these questions. We appreciate the Senator involving the hunting community in these conversations,” Jeff Jondle, president of the Erie County Federation of Sportsmen’s Club. 

The survey results indicated that residents overwhelmingly support lowering the hunting age (76 percent of respondents) and expanding the crossbow season (74 percent of respondents). Both proposals were included in the Governor’s Executive Budget Proposal.

Senator Rath was elected in 2020 and represents the towns of Amherst, Clarence, and Newstead and the villages of Akron and Williamsville in Erie County; the towns of Chili and Riga, the Village of Churchville and part of the City of Rochester in Monroe County; and all of Genesee County. The Senator is also a member of the New York State Legislative Sportsmen’s Caucus.

A small group of protesters gathered outside the VA Medical Center grounds in Batavia this morning to express their objections to ongoing visitor restrictions put in place to prevent the spread in the hospital of COVID-19.

Initially, the protesters were on the VA grounds and they were asked to leave. Later, after this video was shot, a caller reported to dispatch that they were blocking traffic, but when a Batavia police officer arrived he said they were not blocking traffic.

Here is a statement from a spokesman for the VA:

VAWNYHS is re-establishing scheduled visitations based upon recently revised Veteran Health Affairs and CDC guidelines for Community Living Centers.   

Families of nursing home Veterans at the Batavia Community Living Center are being contacted to schedule visits with their loved ones during which two family members will be able to visit a patient at a time. In special circumstances, up to six family members may visit a veteran resident if deemed clinically appropriate. Visits need to be scheduled with staff and no drop-in visitations will be allowed.

We fully understand the family members' desire to physically reconnect with their loved ones in the Community Living Center after a year of virtual visits via telephone and FaceTime conversations. The VA will continue to safeguard our beloved veterans and work closely with families to have a coordinated, safe experience for the veteran and family members.

Alexander Fire Department has been dispatched for a report of hay bales on fire at 10869 Bowen Road.

The bales are about 50 feet from a barn and the wind is blowing in the direction of the barn.

UPDATE 1:20 p.m.: A first responder reports, "the fire is not going anywhere. It's contained to the hay bales right now." A tanker is requested to the scene.

A man evading a traffic stop in Stafford on Sept. 9 may have been able to outrun a Motorola* that day but police believe they've caught up with him after arresting a suspect in a firearms incident Sunday morning in the City of Batavia.

Charles L. Jackson, 26, of Garson Street, Rochester, faces multiple criminal charges stemming from Sunday's incident as well as the Sept. 9 incident. 

Sunday's incident began at 2:28 a.m. at the Speedway gas station at the corner of Main and Oak streets with the report of a person "not acting normal." Batavia police officers arrived on the scene and found three people inside a vehicle. An officer reported spotted a firearm inside the vehicle and when the officer attempted to secure the weapon a struggle ensured. The officer discharged his service weapon. 

Nobody was hit by the bullet or bullets.

The driver of the vehicle, later identified as Jackson, was able to free himself and flee in the vehicle, leading police on a high-speed chase the ended when the vehicle crashed on Woodland Drive in the Town of Batavia. Jackson and two other occupants were then taken into custody without further incident.

The only injuries sustained as a result of the confrontation were to Jackson and the other occupants of the vehicle, who have not been identified by law enforcement.

Jackson was taken into custody by Sheriff's deputies and charged with criminal possession of a weapon, 2nd, and two counts of criminal possession of a weapon, 3rd (he allegedly possessed large-capacity magazines). He was arraigned in Batavia City Court and ordered held on $25,000 cash bail or $50,000 bond.  

The other occupants of the vehicle have not been charged.

Following his arrest, Jackson was identified as the suspect in the Sept. 9 chase, which started with a traffic stop in the Town of Stafford where a deputy allegedly observed marijuana in the vehicle. The driver in that case fled and allegedly hit speeds over 100 mph. The driver made it to Route 490 and fled toward Monroe County and exited at Brooks Avenue and with apparent damage to the vehicle slowed to 30 to 40 mph before stopping. The driver fled on foot and was able to evade capture.

In that incident, Jackson is charged with two counts of reckless endangerment, unlawful fleeing a police officer, obstructing governmental administration, and criminal possession of a controlled substance, 7th. On those charges, Jackson was arraigned in Town of Stafford Court and released on his own recognizance.  

Chief Shawn Heubusch, Batavia PD, said any charges related to the incident in the city are being incorporated in the Sheriff's investigation.

The investigation is ongoing and additional charges are possible.

*Editor's note: *New York lexicologist / etymologist / linguist Barry Popik says "you can't outrun a Motorrola" is a version of the law enforcment saying "you can't outrun a police radio."

A two-vehicle accident is reported at Randall Road and West Bergen Road, Le Roy.

Minor injuries are reported but one person is trapped in a vehicle.

Two ambulances requested to the scene.

Traffic is not blocked.

Le Roy fire and Pavilion fire dispatched.

The Blue Devils got their pandemic-shuffled season off to a hot start on a cold spring night at Van Detta Stadium on Saturday beating Bishop Kearney/Rochester Prep/Rochester Academy 36-12.

Batavia didn't let a slow start -- negative three yards on their first set of downs -- slow them down.

Jesse Reinhart was 10-16 passing for 157 yards and two TDs.

Terrez Smith rushed for 125 yards on 25 attempts and scored two TDs.

Jayden Osborne also had a TD on 59 yards over nine carries.

In receiving, Aidan Anderson had two catches for 57 yards and a TD, Tyler Budziniack had two receptions, 39 yards and a TD, while Alex Hale caught three passes for 39 yards to go along with a couple of interceptions on defense.

Photos by Jim Burns.

A deputy has asked for a fire response to 5838 Quaker Hill Road, Elba for a controlled burn that is apparently out of control.

A person is reportedly trying to put the fire out with a garden hose. 

The fire is about 20 yards from a residence.

Elba fire dispatched.

The spring burn ban began March 16 and lasts until May 14.

Notre Dame was dominant Saturday against a disorganized and discombobulated Lyons at Van Detta, beating the visiting team 46-0.

Collin McCulley was 12-20 passing for 119 yards and a TD. Anthony Zambito caught seven passes for 38 yards. He also had 165 yards in kickoff returns and six tackles on defense.

Alonso Storey had the seven-yard TD reception.

Dylan Warner rushed for 105 yards on 10 carries and scored TDs on runs of 23 yards and six yards. On defense, he had four tackles and a sack.

Connor McWilliams had four tackles, five sacks, and a blocked punt that was returned for a TD.

Donato Fiorentino had seven tackles and two sacks.

Notre Dame had 312 yards total offense to 52 for Lyons.

Photos by Jim Burns.

Back to 11-man football, Elba/Oakfield-Alabama is picking up right where it left off in eight-man football in 2019: A high-powered offense and a stingy defense, judging by its 59-6 victory over Cuba-Rushford at Van Detta Stadium on Saturday.

Ty Mott rushed for 213 yards on 19 carries, scoring five touchdowns. Jayden Hughes rushed eight times for 93 yards and two TDs. Gaige Armbrewster had five carries, 69 yards, and a TD.

Peyton Yasses had a team-leading seven tackles.

"With such little time together with our full team thus far, I felt that our guys were able to come out early and execute at a high level," said Head Coach Tyler Winter. "The offense played with a nice flow. Defensively, our guys played physical and stayed disciplined for the four quarters. I am happy for our team and proud of the commitment they are showing for one another."

Photos by Kristin Smith. For more photos click here and here.

A motor-vehicle accident involving a tractor-trailer and van is reported at Route 63 and Route 19 in Pavilion.

Injuries are reported. 

The Pavilion fire chief radioed in the report of the accident.

One person is complaining of neck pain.

Spring is in the air and so are footballs with several of them tossed last night at Cal-Mum by Alex Penepento to lead the Le Roy Oatkan Knights to a 19-0 win over Dansville to open the pandemic-shifted 2021 season.

Penepento was 11-17 passing for 151 yards and two touchdowns. He also rushed for 63 yards on 14 carries.

Nate Andres carried the ball 11 times for 26 yards and a TD. Andrews also caught four passes for 65 yards.  

Cody Lytle caught three passes for 46 yards and two TDs.

Cole Rauscher led the defense with six tackles.

The Knights gained 228 offensive yards to 103 for Dansville. The Knights also led in first downs 15 to 6.

A Bergen resident was killed in an overnight accident on Dublin Road, Bergen.

Bryan S. Holland, no age provided, was reportedly driving eastbound on Dublin Road at 12:30 a.m. when his vehicle left the roadway along the south shoulder, struck several mailboxes, a utility pole, and a tree.

The utility pole was sheared from its base, according to first responders, and the tree, with reportedly an 18-inch trunk and 30-feet tall, was knocked over.

Why Holland's vehicle left the road has not been determined.

The call came in at 12:32 a.m. When the first Bergen fire chief arrived on scene, he found Holland unresponsive. Coroner Tom Douglas was called to the scene and he pronounced Holland dead from injuries sustained in the crash.

The accident is under investigation by the Sheriff's Office Crash Management Team. Town of Bergen fire and Mercy EMS also responded.

(Initial Post)

A car has struck a utility pole in the area of 7634 Dublin Road, Bergen.

A person is trapped in the vehicle with possible serious injuries.

Dispatch is checking on the status of Mercy Flight.

Bergen fire and Mercy EMS responding.

UPDATE 1:44 a.m.: This is a fatal accident. The coroner is on scene. The Sheriff's Crash Management Team is on scene. Preliminarily, it appears the vehicle was eastbound and left the roadway, striking a couple of mailboxes before striking a utility pole and a tree. The pole was broken and the tree, with a trunk twice the size of the utility pole, was knocked over. It's believed the driver was the sole occupant. 

The Sheriff's Office has recovered the remains of another person apparently turned over to Michael S. Tomaszewski Funeral Home and Cremation Chapel for interment.

Chief Deputy Joseph Graff said no other information about the recovery will be released at this time. The case is under investigation and Graff said there will be a press release about the case if new charges are filed against Michael Tomaszewski.

Tomaszewski is already facing criminal charges for an alleged failure to properly bury the remains of a military veteran along with more than 200 criminal charges for allegedly misappropriating funds deposited with his business by families expecting to make prearrangments for funerals. The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

There was also an allegation last year that Tomaszewski mishandled the remains of a baby but that case has never resulted in charges.

Graff said the discovery of the remains this week was the result of information provided to the Sheriff's Office by Tomaszewski's attorney. Tomaszewski is represented by Thomas Burns.

There is a plea offer pending for Tomaszewski and the defendant was expected to accept the plea at a hearing earlier this week but after an off-the-record conference with Judge Charles Zambito, the hearing was postponed until April 13.

This week, Tomaszewski's bankruptcy case was converted from a Chapter 11 (reorganization of debt) to a Chapter 7 (liquidation).

Rather than reorganizing his debt, Michael S. Tomaszewski, the local funeral director also facing more than 200 criminal charges, is now seeking to dismiss all of his debt.

Today U.S. Bankruptcy Court Judge Carl L. Bucki signed an order converting Tomaszewski's bankruptcy filing from Chapter 11, in which a judge helps debtors and creditors arrive at a repayment plan, to Chapter 7, which would allow Tomaszewski to liquidate most of his assets and have any debts not paid after liquidation discharged.

Tomaszewski, both personally, and his company Acme Holdings of New York filed for bankruptcy in Federal Court on Feb. 5. Combined, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

That doesn't include any restitution he may be ordered to pay if convicted of the nearly 200 criminal charges he faces locally.

The 48-year-old funeral director and owner of Michael S. Tomaszewski Funeral Home and Cremation Chapel is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, and three counts of petit larceny.

According to the Sheriff's Office arrest report from July 23, Tomaszewski received deposits from customers ranging from $350 to $15,500. His customers allegedly suffered a combined loss of more than $525,000.

The bankruptcy filing for Acme Holding remains Chapter 11, but there has been no activity on that case since February.

Yesterday, Tomaszewski was expected to formally accept a plea deal in his criminal case but for reasons unstated in court, the defendant declined to proceed and was granted a continuance of his case until April 13.

A year ago today the first case of COVID-19 was identified in Genesee County and officials at United Memorial Medical Center were already preparing for what was widely feared would be a surge of cases that could overwhelm the hospital system.

The first wave never crested locally in the way it did in New York City or Italy, but the preparation did serve the staff at UMMC well when the second wave hit in December.

It was "all hands on deck," said Dr. Peter Janes, chairman of the Department of Medicine at UMMC and director of the hospitalist group.

'All Hands On Deck'

At the height of the winter surge, when dozens of local residents were hospitalized with COVID-19, every staff member at UMMC was pressed into service. Medical providers affiliated with the hospital assisted. Residents (doctors in training) worked extra hours. Nurses from other departments cared for coronavirus patients.

"The help we got in the second wave was shocking," Janes said. "We doubled our workforce, basically. We tripled our patient population and we at least doubled our workforce. It was just incredible to see. I was just so thankful because I just didn't know.

"I saw the numbers going up -- I'm just like, 'I'm not going to go home. I'm going to be here 24 hours a day. We're going to be sleeping in the hospital.' And people just kept coming in. We got extra people that work nights. I mean, that's amazing. We were able to shift people to do 12-hour overnights.

We got nurse practitioners who were working as nurses on the floors and helping out. Everybody was doing things, even the administration. We had people from the administrative hallway, people who have a background in health care, helping."

That included Dan Ireland, UMMC's president, who started his medical career as an orderly.

"I've seen him put on his scrubs and do some work," Janes said.

Planning for Widespread Contagious Disease

Like a lot of people, early in 2020, Janes saw the news coming out of China of a new SARS (severe acute respiratory syndrome) strain causing hospitalizations and death but thought -- as many people did -- that new viruses come along once in a while and don't cause a pandemic.  

Even so, Janes and his colleagues at UMMC and Rochester Regional Health, began to review plans and procedures for dealing with a widespread contagious disease.

"I think initially, we were like, 'oh, here is another story,' " Janes said. "But as it sort of built up, we realized this was going to be something."

Then, during the week of March 11, the whole nation realized at once, SARV-CoV-2 was here and it was serious. The NBA, the NHL, seasons were suspended and spring training was canceled. Colleges and schools started shutting down.

"March 11th was a Wednesday, and I think right around there, that might have been the Sabers' last game, and that's when my daughter was told she's getting school canceled," Janes said. "That was the last in-person meeting I had with Rochester Regional Health, March 11th.

"I was in Rochester and I took my daughter up to Rochester to meet some friends because she was home for college. And after that, I go to pick her up, and there she tells me her college is canceled. And that's the last time I had an in-person meeting in Rochester."

UMMC staff reviewed every part of the hospital in order to plan how best to use the space if there was a surge of patients as well as reviewing personnel rosters.

"In preparing, we went through and with a clipboard and paper looking at all the possible places," Janes said. "We went through and looked at different providers and their skill sets and different nurses and their skill sets and where they could be redeployed to. Then we looked at PPE (personnel protective equipment), saying, you know, 'are we going to have enough of this stuff?'

'It Was Kind of Crazy'

"And again, it was kind of crazy at first because we got a case, we got a couple of cases. then it was a few, or five or six cases, in the first couple of weeks and we're making all these big preparations and we're like is this it? But we knew from what was going on in New York and what was going on out on the West Coast, like in Seattle, we knew it was going to affect us."

Janes said he was always worried more about staffing to deal with a large wave of patients than he was about capacity at the hospital.

"We thought, 'is this going to be wartime medicine?' " Janes said. "Is this going to be like we get people in, we have a different setup. We have wards in different areas and hallways, whatever it is. But I said we can squeeze people in here.

"But if it's as bad as they say it could be, then it's going to be just that bad in Rochester, just that bad in Buffalo. It's going to be the providers, the nurses, the staff, the cleaning crews, the people making lunches and dinners, and everybody here. I'm thinking, manpower is going to be our biggest limiting step."

Early in the pandemic, the big worry was whether there would be enough ventilators to treat the most serious COVID-19 patients. That was why there was a major push -- "two weeks to flatten the curve" -- to slow the spread, to give hospitals time to be able to handle the influx of patients, and ensure there were enough ventilators to treat serious cases.

Treatment Evolves, Scientists Learn More

We did flatten the curve but the treatment of COVID-19 also evolved as doctors and scientists learned more about the new disease.

"During the second surge, we got up there with the ventilators in the system, for sure, we got to a point where we start to get a little nervous again," Janes said. "I think a couple of different approaches, and it's hard to put your finger on exactly what it was, but I think we utilized different medications like Decadron that we started after the hydroxychloroquine didn't really pan out.

"Decadron, and then there's another medicine, Remdesivir, that that may have really cut back on the progression of the disease to the ventilator. But we also early on, there's a question whether BiPAP should work or the high flow oxygen would work. So initially, I think you may be put on a ventilator sooner but now we hold off and get people through it without a ventilator."

The second surge was "pretty darn serious," Janes said, and it came in stages. At first, most of the patients were in their 40s to 60s and primarily had low oxygen levels (hypoxic) and the new treatments were effective with these patients.

In the next stage, nursing homes in the area here getting hit hard by the disease and older people were more frequently the patients being treated at the hospital. UMMC went from seeing an average of 30 to 35 patients per day to more than 80 patients were day.

"We really need people in here. And people came in and it wasn't just the providers, it wasn't just doctors," Janes said. "There were a lot of people who came in and there were nurses working in totally in different areas, our techs acting as aides upstairs, people who you have never seen before but they're all over the place and everybody pitched in. It was pretty amazing to see."

The Pandemic Has Changed Medicine, Maybe Society, Too

The pandemic has changed medicine, Janes said, it has probably also changed society. Certainly, he said, we won't stop wearing masks in some situations anytime soon.

Face coverings, he said, have proven their efficiency at slowing the spread of infectious diseases. The big drop in flu cases this season is one piece of evidence that people wearing masks, washing hands, keeping distance helps stop the spread of viruses.

"I don't see masks going away from health care any anytime soon," Janes said. "I don't see masks going away from Wegmans or Tops anytime soon, but I worry about a little bit about complacency and lack of vaccination. I think we're getting a lot of people vaccinated, but not everybody. And so I think a third surge is very possible (in the fall or winter)."

The one message he wants to leave readers with, though, is "don't neglect your health." People, he said, should not let apprehension about SARS-CoV-2 keep them from seeing their doctors and seeking preventive and ongoing care for their medical conditions and concerns. 

"I think people were so scared of the health care system in the spring, they pushed off of their care," Janes said. "And so in the spring, what we found was that you didn't come to the hospital unless you had COVID. People with chest pain and people with infections and people with lots of uncontrolled diabetes or heart failure were staying home and sort of suffering through that.

"And I think that led to a lot of worse outcomes. I want to really encourage people to take care of their health. They can't be scared of the doctor's office. They can't be scared of making a phone call. People have to still reach out to the providers, make sure that they're in contact with their doctors, with their providers."