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Motorcycle accident reported on Creek Road, Batavia

By Howard B. Owens

A motorcycle accident is reported in the area of 8937 Creek Road, Batavia.

A first responder reported a victim down in the road.

Dispatchers checked on the availability of Mercy Flight but a subsequent update said there would be no need for Mercy Flight.

Town of Batavia and Mercy EMS dispatched.

UPDATE 9:36 p.m.: Appears to be minor injury.

Friedman honored for nearly 40 years of service to community, dedication to law enforcement

By Howard B. Owens
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While the Kiwanis Club of Batavia announced several award winners for its annual Law Day event in advance, there was one person kept in the dark about all of the planned awards.

District Attorney Lawrence Friedman.

Friedman is finishing out his final term as district attorney, ending a 24-year run as the county's longest-serving DA, and to recognize him for his service to the community, the Kiwanis Club presented him with a Special Service Award.

Speakers honoring Friedman included retired Sheriff Gary Maha (the longest-serving sheriff in the county and currently a county legislator), Theresa Asmus-Roth, director of the Child Advocacy Center, County Manager Matt Landers, First Assistant District Attorney Kevin Finnell, retired Family Court Judge Eric Adams, retired County Court Judge Robert C. Noonan (also Friedman's predessor as DA), and former U.S. Attorney for Western New York, William Hochul.

Hochul said Friedman is the best prosecutor he's ever known.

"He stands as the absolute epitome of what a prosecutor should be," Hochul said.

Friedman began his career in the DA's office in 1981 and became DA 16 years later. Hochul noted that with Friedman's considerable legal knowledge and talent, the attorney could have become rich in private practice but instead he took on the tough role as a public servant in law enforcement.

Additional awards (from a previously published press release):

Kiwanis Criminal Justice Award

The Kiwanis Club of Batavia Criminal Justice Award is presented to a member or members of the community, law enforcement, or a criminal justice agency serving the citizens of Genesee County whose exceptional career achievements and conscientiousness to citizenship have demonstrated a spirit of selfless public service or demonstrated an act of exceptional valor or heroism.

The 2021 Award Recipients are:

Genesee County Sheriff’s Office -- Sgt. Andrew B. Hale; Deputies David D. Moore, Kyle D. Krzemien, Howard O. Wilson, V., Andrew Z. Mullen, Joshua A. Brabon; Brock D. Cummins; and Investigator Christopher A. Parker.

Le Roy Police Department -- Sgt. Gregory Kellogg and Officers Jordan Wolcott and Austin Steinbrenner

On May 27, 2020, at about 2037 hours (8:37 p.m.), what began as a typical traffic stop in Le Roy, turned into a multiagency pursuit of a tractor-trailer through multiple counties at speeds up to 70+ mph. The tractor-trailer recklessly swerved into oncoming traffic, putting innocent drivers at risk; made multiple U-turns; attempted to strike patrol vehicles, and shot at officers several times. Four different patrol vehicles were struck by bullets, one vehicle with at least eight rounds. One of the bullets went through the windshield and struck the rear partition over a Deputy’s headrest. Fortunately, the Deputy had been leaning to his right at the time. The pursuit came to an end when the tractor-trailer, heading toward the Village of Geneseo, was fired upon by officers and it exited the roadway. The driver was pronounced deceased at the scene and the reign of terror ended. 

The ensuing investigation revealed that the driver was on the FBI watch list. Searches at his residence and rental property revealed bomb-making instructions, improvised explosive devices, multiple weapons, and large amounts of ammunition. These findings, along with his social media posts, revealed that he was an anti-police extremist and was planning violence on a larger scale.

The pursuit that night lasted approximately an hour and 15 minutes. The amount of lives that were endangered is countless. Patrols from multiple jurisdictions placed themselves in danger to protect the public for the entire duration of the incident. They cleared roadways and intersections while their patrol cars were in danger of being rammed by the tractor-trailer and in the line of fire while the driver was shooting at them. They coordinated over jurisdictional lines to remove a threat to the public, not only for that night but certainly for a future time. 

These officers were nominated for this award by Sheriff William A. Sheron Jr. and Le Roy Police Chief Gregory Kellogg (formerly Sergeant Kellogg).

City of Batavia Retired Police Officer Jason Davis 

Police Officer Jason Davis has served many roles within the department during his nearly 22 years of service to the community. He has served as an Officer-in-Charge, Instructor, Field Training Officer and Emergency Response Team member, to name a few. Officer Davis served as the department's de-escalation instructor and, most recently, he was assigned as the School Resource Officer to the Batavia City School District where he immediately made an impact in the lives of students and staff in the District. He was able to successfully de-escalate incidents with students, act as a role model and mentor to many, and served as an invaluable resource to the staff. Throughout his career, Officer Davis handled all of his duties with professionalism and pride for the uniform he wears and the department he represents.

Officer Davis was nominated for this award by City of Batavia Police Chief Shawn Heubusch.

Village of Le Roy Retired Chief of Police Christopher Hayward 

Retired Chief of Police Christopher Hayward has served the Village of Le Roy since his teenage years. He began his career as an Officer and rose to the position of Chief of Police through years of dedication, commitment, and compassion to all of the members of the community. Hayward was instrumental in the consolidation of the local village and town courts, seeking to provide an efficient and effective court operation. He is a man of high integrity and fostered many relationships with community members of all ages. He supported and worked hard to partner in the County’s shared E-9-1-1 Emergency Services Dispatch Center.

Chief Hayward was nominated for this award by Genesee County Legislator (District #5, Le Roy) Rochelle Stein. 

Charles L. Mancuso Mock Trial Award

The “Charles L. Mancuso Award” was presented to the members of the Alexander High School Mock Trial Team as winners of the 2021 GLOW (Genesee, Livingston, Orleans, and Wyoming counties) District Competition in the New York State Bar Association High School Mock Trial Tournament. The award reads “Dedicated to the Memory of an Outstanding Attorney-Citizen.” Mancuso, a Batavia lawyer, served as coordinator of the local competition until his untimely death 14 years ago.

The Alexander High School team members honored include: Erin Hess, Annie Slenker, Shawn Calmes, Katarina Luker, Imogene Plitt, Dana Morelli, Olivia Burkhardt, Holly Bykowski, Maia Saile, and teacher coach Johnny Lucas. Coordinator of the local Mock Trial Program, Kristie DeFreze, presented the award.

Genesee County Bar Association Special Honors

The Genesee County Bar Association is honoring the lives of two longstanding attorneys who passed away in 2020.

Theron “Ted” Howard passed away on June 11 after practicing law in Genesee County since 1978. Howard spent most of his legal career in his own private practice but fulfilled several public roles as well. He worked as an Assistant District Attorney, served the Town of Pavilion as Town Justice and Town Supervisor, and prosecuted traffic matters in the towns of Pavilion and Batavia. Howard also volunteered generously in the community – on the Pavilion School Board, the Le Roy Historical Society Board, and the Genesee Community College Foundation Board.

David Saleh passed away on Oct. 29. Dave spent many years in private practice before becoming in-house counsel at Enlighten. Saleh is a past president of the Genesee County Bar Association and acted as a delegate to the State Judicial Nominating Committee for more than 35 years. During the year leading up to his death, he served as a part-time City Court Judge in Batavia. Beyond his professional endeavors, he donated his time and energy to his community – at his church, as a volunteer firefighter, as a member of the Lions Club, and as a board member of the Corfu Free Library and St. Jerome Hospital Foundation.

Video via the Kiwanis Club of Batavia.

Photos: State Police memorial service for fallen officers

By Howard B. Owens

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New York State Police Troop A held their annual Law Enforcement Memorial Service today at the Troop A Barracks in Batavia.

This was Troop's first service since 2019 after last year's service was canceled because of the coronavirus pandemic.

The service honors troopers who have died in the line of duty.

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New York State Police Acting Superintendent Kevin P. Bruen attended the event.

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VIDEO: Duckling rescue outside the Genesee County Jail

By Howard B. Owens
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School district election results 2021

By Howard B. Owens

Alexander

  • Budget, passed 248-161
  • Proposition #2, bus purchases, passed 289-118
  • Proposition #3, reserve fund, passed 292-117
  • Proposition #4, reserve fund, passed 280-125
  • Proposition #5, school bus reserve fund, 278-126
  • Board election: One five-year term, Lindsay Bessey, 305; Josselyn Borowiec, 91.

Batavia

  • Budget, passed 490-104
  • Energy performance contract, passed 480-115
  • Student ex-officio, non-voting board member, passed 558-38
  • School board, vote for three: John Reigle, 471; Brenda Good, 448, Jennifer Lendvay, 461; Shawna Murphy, 284.

Byron-Bergen

  • Budget, passed 242-69
  • Proposition #2, bus purchase, passed 240-145
  • School board election: William Forsyth, 291; Debra List, 261.

Elba

  • Budget, passed 105-27
  • Proposition #2, capital reserve fund, passed 103-29
  • Proposition #3, bus purchase, passed 108-24
  • Board election, elect one: Michael Hare, 118.

Le Roy

  • Budget, passed 396-124
  • Proposition #2, bus and vehicle purchase, passed 122-93
  • Proposition #3, library budget, passed 425-93
  • School board election, vote for three: Lucas Weaver, 391; William Mackenzie, 390; Christine Dowell, 305; Darcy Porter, 197.
  • Library trustee election: Mary Young-Murray, 482.

Oakfield-Alabama

  • Budget, passed 282-58
  • Proposition #2, reserve fund, passed 271-61
  • School board election, vote for two: Maria Thompson, 249; Jeff Hyde, 146; Lorna Klotzbach, 140; Timothy Edgeton, 104.

Pavilion

  • Budget, passed 169-23
  • School board election, Jeff Finch, 149.

Pembroke

  • Budget, passed 236-76
  • Proposition #2, bus purchases, passed 238-73
  • Proposition #3, capital project, passed 238-73
  • School board election, one vacancy, no candidates. Dan Lang received 25 write-in votes but is declining the seat. The Board of Trustees will appoint a person to fill the vacancy until the next election.
  • Corfu Public Library, Jason Long and Patrick Weissend were elected.

Garage fire reported on Liberty Street

By Howard B. Owens
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A fully involved garage fire is reported at 202 Liberty St., Batavia.

City fire on scene.

UPDATE May 19, 1:45 p.m.:  Press release from City Fire.

At 8:11 pm on May 18, 2021 the City of Batavia Fire Department was dispatched to a reported garage on fire located at 202 Liberty Street. First arriving units were on-scene at 8:15 pm.

Upon arrival, firefighters found a fully involved garage fire with direct flame impingement upon the adjacent home. Responding crews made an aggressive exterior attack on the garage and a concurrent interior attack containing and extinguishing the fire to a single room on the second floor. The situation was call under control by on-scene fire command at 8:39 pm.

The home was occupied with three residents and one pet that were able to self-escape prior to the fire department’s arrival. Due to the intensity of the fire, the home received significant smoke, heat and water damage. 

At this time the City of Batavia’s Fire Investigation Team are investigating the fire to determine the origin and cause. 

City Fire was assisted at the scene by the City of Batavia Police Department, Bureau of Inspection along with Elba and Alexander Fire Departments. Additional assistance was provided by the Town of Batavia Fire Department, Mercy EMS and Genesee County Emergency Dispatch.

All City Fire Department units were back in service at 10:58 pm.

Garage fire reported in Elba on Quaker Hill Road

By Howard B. Owens

A garage fire is reported at 6163 Quaker Hill Road, Elba.

Flames have been seen going through the roof.

Elba fire is responding.

UPDATE 6:42 p.m.: Elba can proceed nonemergency. The fire is out.

LIVE: Genesee County COVID-19 Briefing May 18, 2021

By Howard B. Owens
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Genesee County COVID-19 Briefing May 18, 2021

Empire Access working to fix widespread service outage

By Howard B. Owens

Empire Access, a service provider for many customers in Batavia is experiencing a service outage that seems to be affecting more than just local customers.

The outage has also been reported in Elmira.

The company issued the following statement on Twitter.

Internet service update - we’re currently experiencing an internet service interruption, which may effect your connection. Our technicians are working to restore service. We apologize for the inconvenience.

— Empire Access (@EmpireAccess) May 18, 2021

We've attempted to reach a company spokesman for more information and have not yet received a response.

UPDATE 12:58 p.m.: Service has been restored, per Empire Access.

Internet service is now restored. If you are still experiencing issues with connecting to the Internet, please call our office at 800-338-3300.

Rath, Hawley call on Albany to release 9-1-1 funding

By Howard B. Owens
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Press release:

Today, Senator Ed Rath called on the Department of Budget (DOB) to release critical funding grants for emergency services. Senator Rath was joined by Assemblyman Steve Hawley, Genesee County Legislature Chair Rochelle Stein, Undersheriff Brad Mazur, Genesee County Director of Emergency Communications Steven Sharpe, members of the Genesee County Legislature and members of the 911 Advisory Board.

“The delay in the release of this funding for our communities is extremely damaging," Senator Rath said. "As ranking member on the Senate Local Government’s Committee, I know the extreme duress many of our counties are under as a result of the COVID-19 pandemic. For the State to be delaying the release of this funding, with no end in sight, is completely unacceptable.

"We need to be working with our counties and local governments, not adding unnecessary burdens. Unfortunately, this seems to be all too typical for our State. I am calling on the Department of Budget to release these grants (2020-21) and inform our counties when they will be able to apply for the current fiscal year’s grants (2021-22)."

Assemblyman Hawley said: "Our heroes of healthcare have been working dutifully throughout the COVID-19 pandemic to ensure emergency services were not overwhelmed or interrupted during the highly contested time. To see that our 9-1-1 services are now under threat of being underfunded is unacceptable, and the State needs to take immediate action to ensure that our emergency telecommunications are not stifled."

"County governments must work alongside the State to ensure the funding needs are met for these important emergency services," said Genesee County Legislator Gregg Torrey, Human Services chair. “I want to thank Senator Rath and Assemblyman Hawley for fighting to secure our fair share of critical 9-1-1 funding which is needed to support our County Public Safety operations."

Genesee County Legislator Gary Maha, Public Service chair, said: "We have been fighting this battle for years through the New York State Sheriffs’ Association, the New York State 911 Coordinators Association and the New York State Association of Counties. It is time the Governor stops using these funds for other purposes than 9-1-1 services."

"The delay in releasing already collected 9-1-1 surcharge revenue money could cost Genesee County over $500k in the 2021 budget," said L. Matthew Landers, Genesee County manager, budget officer. "While we have long been advocating that a greater share of the collected surcharge go to the intended recipients, namely emergency communications operations such as the Genesee County Dispatch Center, this recent delay in funding is unexplainable and undermines emergency communications operations across the State."

Emergency Communications Director Sharpe, of the Genesee County Sheriff’s Office, and NYS 911 Coordinators Legislative Committee chair, said: “Over the past year, our first responder community needed to address the pandemic while continuing to provide emergency services to the public.

"Our friends at the Department of Homeland Security and Emergency Services Office of Interoperable and Emergency Communications (DHSES/OIEC) have been excellent partners by assisting local communities setting up communications for testing sites, emergency clinics, and now mass vaccination sites. DHSES/OIEC also hosted teleconferences for local and county partners to discuss best practices during the pandemic.

"Unfortunately, the State of New York has not honored their commitments regarding grant funding. Counties provide a majority of public safety answering point (9-1-1 center) services throughout the State and also administer a majority of public safety communications systems. During this pandemic, the State has inexplicably halted and delayed grant funding despite the funding stream for those grants increasing during the pandemic. 

"We are asking our partners at the State to honor their words, obey the laws of the State of New York, execute the law in a timely manner, and release the grant funding that is now above a year overdue."

The State has yet to release the 2020-21 grant funding or the application information for 2021-22.

Drivers should expect higher prices for Memorial Day travel

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $3.05, up eight cents from last Monday. One year ago, the price was $1.88. The New York State average is $3.06 – up six cents from last week. A year ago, the NYS average was $2.16. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.96 (up 2 cents since last week)
  • Buffalo -- $2.96 (up 3 cents since last week)
  • Ithaca -- $2.98 (up 3 cents since last week)
  • Rochester - $2.99 (up 2 cents since last week)
  • Rome -- $3.07 (up 4 cents since last week)
  • Syracuse -- $3 (up 6 cents since last week)
  • Watertown -- $3.07 (up 4 cents since last week)

The Colonial Pipeline shutdown lead to an increase in gas prices at the national level at a time when prices were already rising due to higher crude prices and demand ahead of Memorial Day. The national average is now topping $3 per gallon.

States that have been experiencing supply strain should get relief with a decline in prices in coming days. Yet Memorial Day typically brings some of the highest prices of the year. AAA does not expect the recent rise in prices to deter Memorial Day travelers.

From GasBuddy:

"The national average gas price surged last week thanks to big price jumps in Southeastern states due to the previously shut down Colonial Pipeline, but most areas outside that region saw smaller fluctuations," said Patrick De Haan, head of petroleum analysis for GasBuddy. "With the pipeline now back in service, I expect prices to come down in the hardest hit states, specifically the Carolinas, Georgia, Tennessee, Florida and Virginia.

"The drops should lead the national average to soon fall back under the $3 per gallon mark, but motorists shouldn't get too excited- prices may start to head higher in a few weeks should Memorial Day gasoline demand be red hot. In addition, motorists in the affected areas should see outage numbers continue to decline this week, especially early in the week when gasoline demand tends to be lowest. I'm optimistic that there will be enough recovery by Memorial Day for motorists in these states to fill up without having to search for gasoline."

Graffiti found on playground equipment at Farrall Park in Batavia

By Howard B. Owens

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Playground equipment at Farrall Park (101-111 Otis St.) has been vandalized and Batavia PD has opened an investigation into the criminal activity after being contacted about it by The Batavian.

Last night, a reader emailed these photos to The Batavian to alert us to the vandalism. We contacted Sgt. Marc Lawrence and he said he wasn't aware of the incident.

After looking into it today, he he confirmed playground equipment was spray-painted but there had been no prior complaint or notification to Batavia PD of the vandalism. 

He said it appeared that the paint was relatively fresh, probably spray within the past couple of days.

He indicated there is no further information available on the case at this time.

Anybody with information that might assist in the investigation can contact Batavia PD at (585) 345-6350, the confidential tip line at (585) 345-6370

Reader-submitted photos.

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Construction trailer burns to ground in second fire at same location on Liberty Street

By Howard B. Owens
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For the second time in seven months, a fire has been extinquished at the site of an apparently unoccupied construction trailer on Liberty Street in the City of Batavia.

This time, City firefighters saw the smoke filling the sky east of their fire hall and were en route before the call was dispatched.

The trailer was fully involved when firefighters arrived on scene.

Because the fire is suspicious in nature, Sgt. Marc Lawrence said there will be an investigation to see if any criminal activity is associated with the fire.

Previously: Brush fire on Liberty Street under investigation

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Photo submitted by Tristine Vanice.

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Photo submitted by Frank Capuano.

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Photo submitted by Frank Capuano.

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Photo submitted by Chris Crocker.

Photos: Bikers Against Child Abuse at Oak Grill in Oakfield

By Howard B. Owens

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Members of the group Bikers Against Child Abuse, Niagara Chapter, rode through Genesee County today, one of the counties it serves in Western New York, and stopped for lunch at Oak Grill and Cafe in Oakfield as part of its 120-mile tour.

The purpose of the ride is to raise awareness of child abuse and let people know the group exists. According to the group's pamphlet, one of its services is to assign a member of the organization to an abused child to help provide a sense of protection and give the child confidence.

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O-A beats Alexander in softball

By Howard B. Owens

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Oakfield-Alabama beat Alexander in girls softball yesterday 22-7. The winning pitcher was CJ Ryan, who tossed five innings and gave up five hits will striking out four.

At the plate, Ryan was 4-5 with two triples and a double, and six RBIs.

Kelsey Schlagenhauf, 4-5, three RBIs. Katie Raziano, Jenna Gilbert, and Lily Davis each had two hits.

"This is a huge win for our young team," said Manager Jeff Schlagenhauf. "To be able to beat a great team in Alexander and one of the best pitchers in the area, Sam Sawyer, gives our kids a ton of confidence.

"We just want to keep improving each and every day. The girls are playing with a ton of energy and believe in each other. It’s a great recipe for success."

Photos by Kristen Smith. For more photos, click here.

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Accident with injuries reported on Route 20 in Bethany

By Howard B. Owens

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A two-vehicle accident with injuries is reported on Route 20 in Bethany at East Road.

Bethany fire and Mercy EMS dispatched.

UPDATE 8:16 p.m.: Bethany's ambulance transported a patient to UMMC. One of Bethany's trucks is back at the hall.

Photos by Glenn Adams.

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School district elections slated for Tuesday

By Howard B. Owens

Voters from throughout Genesee County are asked to go to the polls on Tuesday and vote on school district budgets and school board candidates.

Here is a summary of what is on the ballot and links for additional information for each district.

Alexander

  • Budget: $19,175,475 for 2021-22, an increase of $635,217 from this school year.
  • The program budget is $14,015,382 and the administration budget is $2,757,315.
  • Tax levy: $5,088,006 (no change from 2020-21).
  • Propositions on the ballot also include bus purchases at a cost of $318,085; the purchase of computers for $96,870 using the existing 2018 equipment reserve fund; establishing a capital reserve fund; and, establishing a school bus reserve fund. 
  • There are two candidates for the school board, Josselyn Borowiec and Lindsay Bessey.
  • There is more information about the budget and the election in the district's budget newsletter. Click here for the PDF.

Batavia

  • Budget: $52,096,661, an increase of $625,935 over the current year.
  • Tax levy: $19,493,958 (no change).
  • The program budget is $39,021798 and the administration budget is $5,186,493. (Figures corrected from original post.)
  • Ballot propositions include additional state aid for an energy performance contract and renewal of the provision that allows the student ex-officio board member to attend board meetings in a non-voting role.
  • There are three board seats up for election and four candidates. They are: John Reigle, Brenda Good, Jennifer Lendvay, and Shawna Murphy.
  • There is more information in the district's budget newsletter. Click here.

Byron-Bergen

  • Budget: $24,991,065, an increase of $391,265 from this school year.
  • The program budget is $17,260,368 and the administrative budget is $2,318,402.
  • Tax levy: $9,024,961 (no change from 2020-21).
  • There is a school bus proposition on the ballot.
  • More information the district's budget is on the district website.

Elba

  • Budget: $10,942,533, an increase of $673,211 over the current year.
  • The program budget is $7,926,431 and the administration budget is $1,253,898.
  • Tax levy: $3,204,487, up $61,292 from the current levy. The estimated tax rate per thousand is $19.8104. The current rate per thousand is $20.4016.
  • Propositions include establishing a general capital reserve fund and expend up to $112,000 from the existing bus and vehicle replacement fund for a bus and a van.
  • Michael Hare is the lone candidate on the ballot. 
  • There is more information in the district's budget newsletter. Click here.

 Le Roy

  • Budget: $26,869,288, an increase of $534,800 over the current year.
  • The program budget is $13,602,008 and the administration budget is 4,072,951. 
  • Tax levy: $10,597,025, an of $130,924 over the current year. The estimated is $23.11.
  • Propositions include one on school bus purchases and the Woodward Library budget.
  • There are three trustee seats up for election and four candidates, Darcy Porter, Christine Dowell, William MacKenzie, and Lucas Weaver. 
  • There is more information in the district's budget newsletter. Click here.

Oakfield-Alabama

  • Budget: $21,356,442, an increase of $232,696 in the current year.
  • The program budget is : $14,824,207 and the administration budget is $2,361,695 (down $53,868 from the current year).
  • Tax levy: $5,416,941, an increase of $103,105.
  • Propositions on the ballot include establishing a new capital reserve fund.
  • There are two seats on the board of trustees up for election and four candidates, Timothy Edgerton, Jeffrey Hyde, Lorna Klotzbach, and Maria Thompson. 
  • There is more information in the district's budget newsletter. Click here.

Pavilion

  • Budget: $17,576,661, a decrease in spending from the current year of $107,521.
  • The program budget is $13,327,296 and the administration budget is $2,302,963.
  • Tax levy: $5,642,520, a decrease of $27,361.
  • Propositions include creating a school district public library and electing a library board of trustees.
  • There is one open seat and one candidate for that seat, Jeff Finch.
  • There is more information in the district's budget newsletter. Click here.

Pembroke

  • Budget: $24,599,082, an increase of $919,560 over the current year.
  • The program budget is $17,451,901. The administration budget is $2,519,239.
  • Tax levy: $8,481,399, an increase of $165,046 over the current year. The projected tax rate is $19.40.
  • Propositions on the ballot include authorization to purchase school buses and a capital project.
  • There is more information in the district's budget newsletter. Click here.

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