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Area residents woke up to a blanket of fluffy snow this morning with snowfall expected to continue into the early afternoon.

We plan to speak with Rachael Tabelski, Batavia's interim city manager at 2:30 p.m.

The livestream will appear right here on The Batavian's home page. Or you can view it on YouTube at this link, where you can ask questions in the live chat and we will try to get them answered for you. Or you can go to The Batavian's page on Facebook and watch the interview there and ask questions through that chat.

We're planning on talking with Matt Landers, county manager, at 1 p.m. We'll talk about the status of county government, tax revenue, COVID-19 response, and other topics.

At 2:30 p.m., we're scheduled to talk with Rachael Tabelski, interim city manager.

Press release:

Congressman Chris Jacobs (NY-27) is putting out the following statement regarding the vote today on the budget resolution to begin the budget reconciliation process. 

"Two weeks ago, President Biden preached unity, cooperation and bipartisanship. However, his actions have failed to match his promises. In addition to the more than 40 executive orders and actions he has signed, Democrats in the House and Senate are now working with his blessing to advance a massive, partisan COVID-19 package. 

"We passed a $900 billion COVID-19 relief package one month ago. While I agree there are still important issues to address, such as funding for local governments and boosting vaccine distribution, this unilateral approach to relief legislation is damaging and unproductive. 

"I was encouraged the President met with Republican senators this week about a deal. While I oppose using the reconciliation process for COVID relief, I am ready to address these challenges and will work with the administration and congressional Democrats if they meet us at the negotiating table."

NOTE: Republicans in Congress have opposed providing assistance to local governments who have lost revenue because of the coronavirus pandemic. Ten GOP senators met with President Biden to discuss a compromise relief bill, one that wouldn't include relief to local governments, but after the meeting, Biden rejected the GOP offer. Three days ago, we contacted a representative of Jacobs and asked for the congressman to clarify his position on aid to local governments and to explain the policy reason, not the political reason, Republicans oppose aid to local governments. This was the only response we've received, which doesn't really answer either question.

UPDATE: A member of the congressman's staff said he is working on an answer to my questions. This was not meant to be that answer.

We're scheduled to start at noon. We will be talking with Superintendent Anibal Soler about how things are going in Batavia city schools, get a COVID-19 update, talk about "high-risk" sports starting up, reopening Robert Morris, his experience on the Batavia PD stakeholders' group, and the district's new equity policy.

NOTE: The post has been updated with an edited version of the video that cuts out the technical problems at the start of the interview.

Press release:

The membership of SCOPE, Genesee County Chapter, has had the opportunity to interview both candidates running for Genesee County Court Judge, to replace retiring Honorable Charles Zambito -- Melissa Cianfrini and William Zickl.

Both individuals have impressive educational credentials and work records. Cianfrini has an extensive history mostly in civil litigation with some experience at the Genesee County’s District Attorney’s Office. Zickl's major area of expertise has been in criminal law working with the Genesee County District Attorney’s Office for several years and recently moving to the County Court as Judge Zambitos’ assistant. 

Being an independent organization, SCOPE reviews qualifications and work history only. Bearing this in mind, and after a thorough review of both individuals' history, we have made the following determination.

As a result of his work experience, and knowledge of criminal law, along with his longstanding service to the community, we would rate Zickl with an A+. Cianfrini's lack of work experience in this field would be rated at a C level. 

We wish both candidates good luck in their future endeavors.

A winter storm watch has been issued for Western New York starting Friday, with Genesee County included in the area that could see as much as nine inches of lake effect snow.

The watch is in effect from Friday afternoon through late Saturday night, with the heaviest lake effect snow expected Friday night into Saturday.

Wind gusts could reach 45 mph, which could mean considerable blowing and driving snow making travel difficult.

Visibility could also be reduced.

Pandemic protocols at schools have been devastating on students, a pediatrician told reporters during a Zoom videoconference call on Tuesday.

Dr. Lalit Jain, chief of pediatrics at United Memorial Medical Center, said some students are falling behind and that the resumption of winter sports considered "high-risk" for the spread of COVID-19, such as basketball, will be of significant benefit to participants.

"(Taking students out of sports) affects them because you are getting social isolation, and like I mentioned, it affects them academically," Jain said. "Just by going out, they will be seeing friends in a safe environment. I think just participating and more activity is going to be very beneficial for the mental health ... of our students."

Local school superintendents seem to agree that the increase in available athletics for students will benefit the children.

"The return of sports safely is a tremendous help for our student-athletes' psyche and those benefits will translate into other areas of their school and community experience," said Anibal Soler Jr., Batavia City School District superintendent.

"I wholeheartedly agree that participation in sports and extracurricular activities helps students in every way," said Matthew Calderon, superintendent of Pembroke Central schools.

Jain expressed concern about the decrease in physical activity, the lack of social contact, and the general academic performance of students participating in distance learning.

Superintendents we spoke with shared mixed views on the impact of distance learning on students.

Jain said, "What we see is that kids are having problems with the online platform, a lot of them, because the kids who were before doing fantastic, who were A students, are now having difficulty sustaining attention from home and almost have seen some become school failures, or like grades going from the 90s to almost the 60s.

"And these are the kids without academic difficulties. So we are not even talking about the kids who are challenged, who need special help, and they are even more affected."

Le Roy Central School Superintendent Merritt Holly characterized Jain's quote as "loaded." 

"I think some students have adapted well to the challenges of online learning," Holley said.

He said there are "some who struggle somewhat (would rather be in the classroom), and others who this system does not fit their learning style (struggle big-time). Really a student-by-student situation."

During the school board meeting Monday, while discussing reconfiguring the use of space in schools, Soler suggested distance learning might remain an option for some students after the pandemic subsides. In response to Jain's comment, he said some students do well while others struggle.

"The pandemic has impacted all of our students and our staff and we continue to try to find ways to support everyone either academically or socially," Soler said. "Social-emotional learning is one of our district goals and we knew that the lack of socialization would ultimately have an impact on our kids and staff.

"The numerous COVID rules that we have to implement have changed much of the experience for both our students and staff, but we continue to do as much as we can safely to bring a sense of normalcy."

In Pembroke, Calderon said, where most students participate in classrooms five days a week, the students who do participate in distance learning seem to struggle the most.

"By no means is online learning or the hybrid model anywhere close to providing students the sound basic education that the New York State Constitution entitles them to receive," Calderon said. "While teachers and support staff throughout our region are doing an amazing job within those parameters, and many students are holding their own, there is no substitute for organic in-person learning."

Calderon said about 20 percent of the district's students are participating in online learning and he's thankful the option exists for those who need it but the situation isn't ideal.

"Our in-person learners love being in school, and many of them shed tears when they're told they need to go online for 10-14 days due to mandatory quarantines," Calderon said. "In regard to those who chose the 100-percent online option, a very small percentage are actually flourishing as they could be, and too many choose not to log on consistently despite all efforts to engage them. This may prove to be most problematic for some seniors who will not graduate as a result."

Calderon didn't mince words sharing his opinion about online learning.

"There is no way anyone will ever convince me that online learning is good for kids. and it certainly isn't sustainable," he said.

At the same time, he said, the district obviously takes seriously the need to help reduce the spread of COVID-19 and the district does all it can to keep the community safe.

"However," he said, "CDC hospitalization data seems to suggest that school-aged students are least at risk to be hospitalized, and therefore, I'm not sure why schools have some of the greatest restrictions in place.

"I'm obviously not a medical professional or in charge of public health, and in my role as a state-funded public school leader, I make sure our school district adheres to all the rules. At the same time, when I look at the data with my own eyes, I certainly scratch my head and wonder."

Citing similar data, Jain said he anticipates the return of "high-risk" sports to be safe for participants.

"Just following the guidelines by physicians and the authorities, I think of that will be really important," Jain said. "I don't think we're going to see that much increase in the (positivity) rate. The schools have been very safe so I think we'll do fine."

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Michael S. Tomaszewski, the funeral home director accused of stealing money from customers, is apparently set to accept a plea offer from the District Attorney's Office but COVID-related delays in town courts are holding up the process.

Tomaszewski made a virtual appearance in Genesee County Court yesterday.

He faces one SCI (Superior Court Information, like an indictment but without a grand jury hearing, which Tomaszewski waived) with more than 200 criminal counts and there is another SCI coming but he has not been arraigned on those counts because courts in the towns of Batavia and Oakfield have been closed due to the coronavirus pandemic. 

Judge Charles Zambito indicated that he could possibly arraign Tomaszewski on those counts under specific circumstances, but said he would need to check with the court supervisor to ensure those circumstances are met in this case. Zambito said these are uncharted waters and the rules are changing a lot. 

Tomaszewski is accused of taking money people used to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The SCI indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

Attorney Thomas Burns, representing Tomaszewski, said his client intends to accept the plea offer. Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The case is adjourned until 1:30 p.m., March 8, and will resume virtually.

Alecia Kaus/Video News Service contributed to this story.

Press release:

Congressman Chris Jacobs (NY-27) joined colleagues in calling on the Biden Administration to resume payments for the Department of Agriculture’s (USDA) Coronavirus Food Assistance Program (CFAP).

“Throughout the pandemic, farmers have supported the American people with dedication, despite facing severe hardships as a result of COVID-19," Jacobs said. "The CFAP program has been one of many successful programs developed by the previous administration to ensure American farmers, producers, and processors have access to the resources they need to continue to support the American people.

"The Biden administration’s decision to halt this program is irresponsible given the ongoing pandemic, and many farmers are in urgent need of this assistance.”

The letter signed by 15 representatives specifically calls on the Biden Administration to immediately resume the processing of applications and payments for the second round of the Coronavirus Food Assistance Program (CFAP) while the new USDA conducts its regulatory review.

The Coronavirus Food Assistance Program was created by the CARES Act of 2020, and the first round was implemented in May. It assists producers of agricultural commodities marketed in 2020 who face continuing market disruptions, reduced farm-level prices and increased production and marketing costs due to COVID-19.

Additional funding for CFAP was appropriated by the Consolidated Appropriations Act of 2021, signed into law on Dec. 27th.

“Supporting American farmers is critical to stabilizing the United States’ food supply during the pandemic," Jacobs said. "CFAP has been a key support to farmers and has received bipartisan support in Congress. I urge the Biden administration to immediately resume the processing of applications and payments for this program to provide critical relief to American farmers."

Additional Info: Agriculture.com

Press release:

Emergency Services Dispatcher Lynn B. Riccobono, a 27-year veteran of the Sheriff’s Office, has retired effective last Thursday, Jan. 21, 2021. Riccobono started her career with the Genesee County Sheriff’s Office on March 8, 1983.   

Through her career, Dispatcher Riccobono has earned several awards including six Commendation Awards, a Certificate of Appreciation, and a Meritorious Award for continuous excellence.

She spent the majority of her career working overnights serving the citizens of Genesee County while most were sleeping. For those needing emergency care, Dispatcher Riccobono was the voice at the other end of the line doing her best to keep callers calm while dispatching the needed urgent care.

“Emergency Services Dispatcher Lynn B. Riccobono has demonstrated great professionalism throughout her 27 years of employment,” Sheriff Sheron said. “Everyone here at the Sheriff’s Office wishes her all the best for her future.”

The distribution of free food for local residents may not be grabbing the headlines the way it did at the start of the pandemic, but the programs haven't stopped and the need has not subsided, according to leaders at two organizations involved in handing out bags and boxes of vegetables, dairy products, and canned goods.

"We've been feeding 500 families a week," said Ryan Macdonald, a pastor at City Church, which conducts free food distributions on Wednesday mornings at St. Anthony's on Liberty Street. "There's a lot of need out there. It's sad."

While The Salvation Army is not giving out as much food as it did when the pandemic first started when it utilized well-publicized drive-thru distribution days at Northgate Church, its three-day-week allocation at its location on East Main Street is still exceeding the pre-pandemic demand for food, said Todd Rapp, the local coordinator of emergency services.

"We're still seeing a significant need," Rapp said.

It's been a year since the first COVID-19 case was officially recorded in the United States, and 11 months since the first case was recorded locally.

People are out of work and are worried about paying their bills, both Macdonald and Rapp said.

"People are scared," Macdonald said. "They're scared to go out and that's hurting the economy."

Neither program requires recipients to provide financial information and is open to all residents who feel they need the assistance. 

The Salvation Army, 529 E Main St., offers drive-up pick up on Mondays, Wednesdays and Fridays. If you want to receive food, drive up, call the phone number on the sign, and somebody will assist you.

City Church's distribution at St. Anthony's starts at 9 a.m. on Wednesdays and lasts from one to two hours, depending on food availability.

Rapp said The Salvation Army also has a program to assist people with housing and he wanted to remind people that even though there is an eviction moratorium in place, tenants are still obligated for their rent. He said the Army has assisted a few local landlords who need food assistance because some tenants haven't been paying their rent.

At 7:34 a.m., Town of Batavia fire was dispatched to a report of a box truck that had overturned on the Thruway in the westbound lane near mile marker 390.7.

There were no injuries nor leaking fluids.

Rescue 20, 24, and Brush 23 all responded. All crews were back in service by 8:35 a.m.

Information and photo courtesy Town of Batavia Fire Department.

Protests were held at several Walmarts around New York today, including Batavia, over concerns that Walmart has reportedly pressured GE-Savant to lower prices for lightbulbs, forcing the company to move a LED light factory from Ohio to China.

Press release:

On Saturday, Jan. 30, at Walmart stores at four locations in New York state, a coalition of labor and community groups will hold a protest as part of a national consumer awareness campaign informing the public of Walmart’s two-faced stance as a champion of “Made in America” products. 

LED light bulbs that are sold at Walmart are currently made by IUE-CWA workers at the GE-Savant Systems LLC lighting plant in Bucyrus, Ohio. GE-Savant recently announced that they intend to move the LED residential light bulb product line out of the facility to China, permanently laying off 80 workers, and putting the future of the plant in jeopardy.

The GE-Savant facility is one of the only residential lighting plants left in the USA, nearly all other residential light bulbs are now made in China.

Walmart’s website and TV ad campaign says “We are committed to American renewal. We believe we can create more American jobs by supporting more American manufacturing.” The coalition is calling on Walmart to live up to this promise. 

“This should be easy for Walmart,” said IUE-CWA International President Carl Kennebrew. “Walmart’s brand of LED Bulbs that now carry an ‘Assembled in the USA’ label are scheduled to be moved to China.

"Walmart can tell their supplier (GE-Savant) to cancel plans to ship them overseas. If Walmart is serious about supporting American manufacturing, this is how they can show it.”

“This is only the beginning,” said Ron Herrera, president of the Los Angeles County Federation of Labor, AFL-CIO. “Americans are waking up to the power of their spending dollar. When we choose to buy American, we are purchasing a product of the highest quality while investing in our communities and in our fellow Americans.

"Walmart must be part of the solution and invest more in our great nation and its people. The bulbs currently manufactured in Bucyrus, Ohio should continue to be made in Bucyrus, Ohio.”

Le Roy's winter track and field teams participated in a virtual track meet today.

Photos by Tim McArdle.

It has been seven years since public school students cracked open a textbook at the Robert Morris building on Union Avenue in Batavia but the Batavia City School District superintendent is thinking it's time for that to change.

Anibal Soler Jr. suggested to the Board of Trustees on Monday night, along with a facilities consultant who made a presentation during the Zoom conference meeting, that Robert Morris is being underutilized; that there are space constraints elsewhere in the district, particularly at the middle school; and without students at Robert Morris, the building is a financial drain on the district.

"We wanted to throw something out there to get your mind working," Soler told the trustees. "We know we’ll have some fiscal challenges but to maintain a building that we don’t get anything for and we have to keep finding tenants as we do at Robert Morris, I think we have to start thinking about that, especially when we know the middle school is extremely packed right now."

In 2012, city schools consolidated their five schoolhouses into four -- Jackson Elementary, John Kennedy Primary, the middle school and the high school -- with Robert Morris becoming home to a couple of school programs with space available to tenants. The building has been generating $100,000 annually in lease payments for the district. That revenue will drop to $36,000 in the coming fiscal year. One tenant currently in the building is leaving once its lease expires in June. 

Meanwhile, because there are no students in the building, the district cannot receive state aid for any maintenance or improvements needed on the structure, Soler said.

The future of Robert Morris came up during a presentation by Richard Little and Brian Cieslinski, of SEI Design Group. The architectural firm was hired by the district to fulfill a state mandate to do a facilities review every five years.

The state requires each school district to go through these periodic reviews because identification of issues at school facilities helps the state's education department budget for aid to school districts.

SEI identified more than $40 million in maintenance issues that need to be addressed within the next five years.

“This looks daunting as far as a $40 million sum," Cieslinski said. "I would tell you, statistically, (compared to) a lot of our school districts this is actually a very good list. You’re maintaining your buildings very well."

The list includes items such as:

• Jackson School
  • Improving accessibility to comply with the Americans with Disabilities Act
  • Replacing rooftop heating, ventilation, and air conditioning units
  • Installing an emergency generator
• John Kennedy School
  • Improving drainage
  • Replacing broken or cracked concrete slabs
  • Accessibility
  • Moisture mitigation in the gym
  • Upgrades to the alarm and PA systems
• Middle School
  • Exterior brick restoration
  • Moisture in the gym walls
  • Accessibility
  • Fire barrier in the auditorium
  • Installing an emergency generator
• High School
  • Locker room renovations
  • A boiler upgrade
  • Moisture mitigation
  • Lighting upgrades
  • A new public address system
• Robert Morris
  • Brick repairs
  • Window replacements
  • Accessibility
  • An upgrade to the fire alarm system and PA
  • An emergency generator

SEI delivered to the school district a thick binder that listed these items and many more that were ranked from 1 to 5 by priority. It will be up to district officials to figure out how best to prioritize these items over the next five years.

Board President Alice Ann Benedict asked if the conversion of Robert Morris back into a school is something that will be part of the upcoming budget discussions. Soler said, no. The conversion and reassignment of students will be a significant planning issue. It will take a lot longer than a couple of months to pull together and it also needs to involve discussion with the board, administrators, teachers, parents, and other community members.

Little did present one suggestion under consideration: Moving two classes of students out of the middle school -- possibly to Robert Morris, and then relocating district offices to the middle school. That would free up space at the high school, possibly for expanded STEAM (Science, Technology, Engineering, Arts and Mathematics) education, as well as accommodate students in the future who might do better with remote learning even in a post-COVID-19 education world.

Soler was quick to emphasize that is just one idea and that more ideas need to be explored with community input.

Press release:

Genesee County Sheriff William A. Sheron Jr. reports that an inmate has died after attempting suicide at the Genesee County Jail on Jan. 4.

A Genesee County Correction officer found the 28-year-old inmate hanging from a shower curtain rod at approximately 12:27 p.m., Jan. 4, while making routine rounds. The Correction officer immediately summoned assistance and began performing life-saving measures. The inmate was transported by ambulance to Erie County Medical Center in Buffalo where he passed away on Thursday, Jan. 14.

The inmate is identified as Kyle Adam Scheuerlein, of Batavia, NY. He had been incarcerated on bail in the Genesee County Jail since Jan. 1, following his arrest by the City of Batavia Police Department on the charges of second-degree burglary and criminal contempt - disobeying a court order in the second degree.

An investigation into this incident is being conducted by the Genesee County Sheriff’s Office, in conjunction with the NYS Commission of Corrections.

A chimney fire is reported at 9565 Old Creek Road, Alexander.

Alexander fire is dispatched.

The Board of Trustees for Batavia City School District has adopted a new public communications policy that Superintendent Anibal Soler Jr. characterized at this week's meeting as allowing more public input into board decisions and discussions.

The initial idea for drafting a new policy came from board President Alice Ann Benedict in October. At that meeting, Soler suggested running any proposed policy change through a subcommittee.

The proposed policy came to the attention of attorneys at the Cornell Law School First Amendment Clinic, who drafted a letter to the school district expressing concern about some of the proposed changes, which Attorney Heather Murray said could run afoul of the First Amendment.

In the new policy, the school district seems to have heeded the advice of the clinic.

In the initial draft, a paragraph prohibited public discussion of individual district personnel and students. Murray said this policy would prevent members of the public their right to criticize public officials. She cited a case involving a school board in Virginia where similar language was struck down.

The new policy does not include language prohibiting discussion of individuals.

The original draft also indicated, “Obscene language, libelous statements, threats of violence, statements advocating racial, religious, or other forms of prejudice will not be tolerated.”

Murray informed the district this language was overly vague, noting that a basic tenet of the First Amendment jurisprudence is that speech cannot be restrained in anticipation of libel. She said the appropriate remedy for an alleged libel is a civil suit for money damages.

She also said, "Second, the quoted language as a whole, and in particular 'other forms of prejudice,' is impermissibly vague and provides too much discretion to the Board to restrain certain viewpoints. Further, because these terms are not well defined and left to the determination of the Board President, there would likely be a chilling effect on public speech at Board meetings.

The final policy alters the language from the first draft, too, "All speakers are to conduct themselves in a civil manner. Obscene language, threats of violence, statements advocating racial, religious, or other forms of prejudice on the basis of protected class will not be tolerated."

Federal and state law establishes what constitutes a "protected class" when it comes to discrimination.

The board did retain a requirement that people wishing to speak at meetings first fill out a form, that includes a request for identifying information. Murray's letter suggested requiring people to identify themselves violates the state's open meetings law. However, the new policy does strike a proposal giving the board president the ability to rule on what topics were "generally appropriate." 

Murray noted that giving the board president power to silence people on certain topics prior to them speaking would constitute unlawful prior restraint.

Previously, Benedict had suggested the questions submitted by the public for the board be prescreened. Murray recommended against such a practice since it could constitute viewpoint discrimination and that pre-writing answers to questions submitted prior to the meeting could violate the open meetings law.

Overall, Murray said today she is pleased that the board seems to have listened to the clinic's recommendations.

“The Board’s decision to make revisions to the proposed policy prior to its adoption is a great example of elected officials making decisions with input from the public," Murray said. "Providing the opportunity for members of the public to address school board members on matters of public concern is critical to maintaining trust during this unprecedented time for us all.”

Please join me as I discuss my experience in politics, business, and prison. What do you all want to hear about? #businesscoach #BusinessNews #PrisonReform #prison pic.twitter.com/k6nNMnQiKP

— Chris Collins (@realC_Collins) January 27, 2021

Chris Collins, the former Congressman for the GLOW region who admitted in Federal Court to illegal insider stock trading and lying to the FBI, has reemerged publicly after being pardoned last month by former President Donald Trump.

Collins has started a new Twitter account under the handle @realc_collins. In his first tweet Collins posted a video explaining that as a businessman, politician, and former convict, he is ready to share what he's learned with the social media world.

"I have a lot to share with my many years of experience in the business world, the political world, and just current affairs," Collins said. "I hope you will join me on my various social media platforms and we can have a communication going forward."

Collins represented Genesee County in Congress from 2013 to 2019. He was the first member of Congress in 2015 to endorse Trump for president. 

Following an FBI investigation in 2018, Collins and his son, Cameron Collins, were arrested Aug. 8, 2018. The senior Collins was accused of tipping Cameron to a failed drug trial for a publicly traded company that Collins served as a board member. Cameron and other associates then began dumping stock before the news of the failed trial was made public. 

For months, even while running for reelection, Collins denied any wrongdoing and vowed he would be vindicated at trial and then in September 2019, he resigned from Congress and entered a guilty plea in Federal Court.

In January 2020, Collins was sentenced to 26 months in prison. His term was delayed because of COVID-19 and his incarceration in a Federal prison in Florida didn't begin until October. Two months later he was released after being pardoned by Trump.

These are my 5 I’s for the #DepartmentOfInJustice #DOIJ

1. Incompetent
2. Inefficient
3. Insensitive
4. Indifferent
5. Inhumane

— Chris Collins (@realC_Collins) January 28, 2021