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Analysis: It's still not clear what Alexander attorney and superintendent believe about free speech for board members

By Howard B. Owens

Since April, The Batavian has been trying to understand the Alexander Central School District's policy related to free speech for members of the Board of Education.

After all this time, the district's attorney, Jennifer Schwartzott, told Robert Freeman yesterday, that the "one voice" policy or "Norm" does not prohibit school board members from expressing their personal views on matters of public interest. He is the executive director of the NYS Committee on Open Government.

How a policy that says board members must speak with one voice doesn't inhibit free speech for board members still isn't clear to us. We do know the policy has been used to shut down board members from answering questions from a reporter (see April 25 story) and that is has had a speech-chilling effect on school board candidates (see May 4 story).

Whatever fuller statement Schwartzott made to Freeman, she has never been willing to articulate clearly to The Batavian what her position is and how it differs from how "one voice" is being interpreted by Huber, the board, board candidates, and reporters. She wouldn't even make such a clear statement after being asked to do so in light of what Freeman shared with The Batavian.

When asked about it, she said, "Mr. Freeman correctly conveyed to you my opinion and the District’s opinion regarding speaking with 'one voice.' As for why you didn’t know that before having a conversation with him, I can’t speak for you or your understanding of my or Dr. Huber’s previous statements."

Here is Huber's May 15 statement:

The board should speak with one voice for several different reasons. The board by policy designates a spokesperson for the school district. We have that policy for you and I know that you've gathered those policies from other school districts as well and the board by policy has designated the superintendent as the spokesperson.

Our board has also gone a step further. Recently we did a board retreat and the board established norms, which you also probably saw on our website, and one of the norms that the board established was that they would speak with one voice. They would speak with one voice on matters related to the school district. Board members individually don't have power on their own. They have power and they come together around the board table.

That is not the same as their inability to express an opinion. Anybody has the ability to express an opinion. But in terms of commenting on district business, the board members only can speak with that same one voice as a board and not as individuals and they've designated the superintendent, as they probably have in most school districts, as the spokesperson for the district.

So Huber states that district has a designated spokesperson but the board has "gone a step further," explaining the board agreed it would speak with "one voice." In fact, she states, "They would speak with one voice on matters related to the school district." Then she said that's not the same as the inability to express an opinion, but immediately walks back that statement by stating, "But in terms of commenting on district business, the board members only can speak with that same one voice as a board and not as individuals."

As with Schwartzott, we have repeatedly asked Huber to make a plain, clear statement about individual board speech. She hasn't even acknowledged the emails.

We started asking Schwartzott to make a clear, unambiguous statement after she objected to our May 14 story, "Five school districts in Genesee County restrict speech for board members," stating that The Batavian misrepresented her views. Even in the comment she left on the story, however, she doesn't state clearly what her views are on the topic.

In emails about that article, she said it wasn't clear to her that the story we were working on was about the rights of individual members to express their personal views, yet in the response to our initial set of questions, she said, "Community members who are interested in what the local board members have to say can attend board meetings where the members discuss issues, share their opinions, and make decisions."

In other words, the only place the public can count on to find out what board members think is at meetings.

So, we're still waiting for a clear statement from Huber and Schwartzott about the ability of school board members to not "speak with one voice" but to speak individually as they see fit.

House passes firefighter cancer registry bill

By Howard B. Owens

Press release:

U.S. Representatives Chris Collins (R-NY-27) and Bill Pascrell Jr. (D-NJ-09), the co-chair of the Congressional Fire Services Caucus, celebrated the passage of H.R. 931, the Firefighter Cancer Registry Act.

The legislation they sponsored together would require the Centers for Disease Control and Prevention (CDC) to develop and maintain a registry to collect data regarding the incidence of certain cancers in firefighters. The registry will improve collection capabilities and activities to address an enormous gap in research on the health impacts of cancer incidence among all firefighters – career and volunteer.

Firefighters may experience detrimental health effects due to smoke inhalation and other harmful, toxic substances. The legislation takes a first step toward gathering this information to develop new protocols, safeguards, and equipment to protect these men and women. Senate legislation is sponsored by Senators Robert Menendez (D-NJ) and Lisa Murkowski (R-AK).

“I am extremely humbled and proud of the work we have done to get this bill on President Trump’s desk,” Collins said. “We have to prioritize the health and safety of the brave men and women who selflessly protect our communities.

"It has been an honor to work with Congressman Pascrell, and we have seen an outpouring of support for this legislation from the House Energy and Commerce Committee, the Senate Health, Education, Labor, and Pensions Committee, various firefighter organizations, health care groups, our colleagues in Congress, and of course the firefighters in our districts and across America that this is intended to serve.

"I look forward to President Trump signing this bill into law and to see all of the positive impacts this will have on the firefighting community.”

“Today is a big day. I can’t think of many priorities more important than protecting the health of America’s firefighters. The Firefighter Cancer Registry will bring together information on firefighters’ history to help doctors and researchers find any connections between firefighters’ work and increased risk for cancer,” Rep. Pascrell said.

"This will strengthen the safety of the brave men and women who put their lives on the line every single day. This legislation has long enjoyed bipartisan support because having the backs of those protecting our families is a cause we all support.

"I want to thank Representatives Chris Collins and Frank Pallone, and Senators Robert Menendez and Lisa Murkowski for all their efforts to get this bill through Congress. After the legislation is signed, I look forward to working with the CDC and members of the firefighting community to see that the new registry is implemented to its fullest use.”

“Our firefighters are brave men and women, who put themselves in harm’s way day after day. This registry has the potential to improve the quality of life for these real-life heroes,” said Energy and Commerce Committee Chairman Greg Walden (R-OR-02) and Health Subcommittee Chairman Michael C. Burgess, M.D. (R-TX-26). “From a house fire to the wildfires that ravage the west, these men and women don’t think twice before heading into dangerous situations of fire and smoke to protect others. This national registry is one way we can help protect them.”

A 2015 study by the National Institute for Occupational Safety and Health (NIOSH) found that firefighters had a greater number of cancer diagnoses and cancer-related deaths for certain types of cancer when compared to the general U.S. population, specifically digestive, oral, respiratory and urinary cancers, and malignant mesothelioma.

The study confirmed that firefighters have an increased risk of cancer because of occupational exposure. To bolster the efforts led by researchers at NIOSH, the firefighter cancer registry will improve collection capabilities and activities related to the nationwide monitoring of cancer incidence among all firefighters – career and volunteer.

Specifically, the Firefighter Cancer Registry Act will authorize $2 million in federal funds to the CDC from FY2018 to FY2022. Additionally, the legislation will:

  • Develop a firefighter registry of available cancer incidence data collected by existing State Cancer Registries and a strategy to maximize participation;
  • Create a registry that will contain relevant histories, such as other occupational information, years of service, number of fire incidents responded to, and additional risk factors;
  • Make de-identified data available to public health researchers to provide them with robust and comprehensive datasets to expand groundbreaking research; and
  • Improve our understanding of cancer incidences by requiring administrators to consult regularly with public health experts, clinicians, and firefighters.

The legislation has support from several major fire organizations, including the National Volunteer Fire Council, the International Association of Fire Chiefs, the International Association of Fire Fighters, the Congressional Fire Services Institute, the National Fallen Firefighters Foundation, New Jersey Firefighters’ Mutual Benevolent Association and the International Fire Services Training Association.

The American Federation of Government Employees (AFGE) Fire Fighter Steering Committee said “The AFGE, AFL-CIO supports the Fire Fighter Cancer Registry bill because it will help improve the health and safety of our federal firefighters and municipal and volunteer firefighters who protect and serve the American public at the Department of Defense, the Department of Veterans Affairs and the Federal Emergency Management Agency.

"We look forward to collecting this important data in the federal registry and sharing it with our civilian counterparts.”

“I would like to thank Congress for passing this critical legislation, as well as Representative Collins for his leadership in introducing and championing it,” said National Volunteer Fire Council (NVFC) Chair Kevin D. Quinn.

"Too many firefighters are contracting and dying from cancer caused by duty-related exposures. This registry will improve our understanding of why firefighter cancer is occurring at such a high rate, and will make it easier to prevent, detect, and treat.”

“Firefighters are routinely exposed to numerous carcinogens over the course of their careers and deserve the best protection and prevention tools available," said International Association of Fire Fighters, AFL-CIO General President Harold Schaitberger.

"The Firefighter Cancer Registry Act will provide yet another means to study the deadly relationship between cancer and firefighting. I thank Representative Collins for his leadership on this important issue and applaud the Congress for sending the bill to the President to be signed into law.”

Law and Order: Batavia resident accused of participating in thefts from Walmart in Warsaw

By Howard B. Owens
      Donald Stahl

Donald W. Stahl Jr., 37, of North Street, Batavia, is charged with grand larceny, 3rd, grand larceny, 4th, petit larceny and three counts of conspiracy. Stahl was arrested by the Wyoming County Sheriff's Office and is being held in the Wyoming County Jail on $5,000 bail. Stahl is accused of participating with others to steal electronic and computer items from the Walmart in Warsaw. The investigation is ongoing and additional arrests are pending. The investigation was conducted by Sgt. Colin Reagan, Deputy Aaron Chase and with the cooperation of the Genesee County Sheriff's Office, including Investigator Chris Parker, Deputy Erik Andre, and Sgt. Jason Saile, along with Walmart Asset Protection employees.

William G. Schultz Sr., 44, of Ross Street, Batavia, is charged with criminally using drug paraphernalia and unlawful possession of marijuana. Schultz was spotted by members of the Local Drug Task Force on Jackson Street on Wednesday evening. He was wanted on a family court warrant. While being taken into custody, he was allegedly found in possession of drug paraphernalia and marijuana. He was ordered held in jail on $1,000 bail.

Malik Austin Hambrick, 21, of Aswego Avenue, Fort Drum, is charged with criminal trespass. Hambrick allegedly entered the Darien Lake Theme Park at 12:20 a.m. Monday following previously being removed from the property by Darien Lake security.

Jeffrey P. Klyczek, 49, of Amherst, is charged with DWI and driving with a BAC of .08 or greater. Klyczek was stopped by State Police in the Village of Corfu at 11:39 p.m. Tuesday.

Joseph F. Chiodo, 35, of North Tonawanda, is charged with DWAI (combined drugs and alcohol), DWI with a child in the car, and endangering the welfare of a child. Chiodo was stopped by State Police on Route 33, Town of Pembroke, at 12:23 p.m. Wednesday.

Byron-Bergen closes out school year with performance of 'Sneaky Weasel'

By Howard B. Owens

Press release:

On June 19, the Byron-Bergen learning community and the community-at-large were treated to a special stage adaptation of “Sneaky Weasel,” a children’s book by author Hannah Shaw, performed by fourth-graders.

The show featured the talents of the entire class working together as actors, assistant directors, narrators, dancers, stage crew and scenery designers, sound effects artists, and costume designers. The story centered on an unhappy bully, Sneaky Weasel, who finally discovers how to be a friend.

“Our students have been working on the project for several weeks,” said fourth-grade teacher Alyson Tardy, who along with teachers Jenna Carney and Kelly Morriss, wrote the stage play and directed the performance. “They have each contributed their best efforts.

"It’s been really great seeing students find talents they didn’t know they had, kids stepping up to help each other, and quiet children coming out of their shells to get onstage in front of an audience. The arts are so important for development and this has been a wonderful opportunity for our students to really stretch themselves and shine.”

Top photo: “Sneaky Weasel” featured players (l-r) Grace DiQuattro, Joel Lamb, Simone Scharvogel (as Sneaky), Megan Jarkeiwicz, and Katherine Rogoyski.

Mama Weasel (Gianna Graff) with all her weasel-y offspring (Madisyn Rodak, Logan Czachorowski, Madison Hutchings, Sidney Maher, and Connor Copani.)

The cast included narrators plus singing and dancing hedgehogs, rabbits, sheep, rats, mice, shrews, dogs, and even a chicken.

Children who love reading given award by Woodward Memorial Library

By Howard B. Owens

Elementary schoolchildren in Le Roy at the Woodward Memorial Library were honored last night with the Mary Hadley Love of Reading Award.

The new award is presented in memory of Mary Hadley, who worked for the library for more than 30 years. A member of her family made the donation for the award after she passed away.

The winners were selected by a committee of library staff after receiving nominations from teachers and library staff.

"They are elementary students who just love reading and share that same enthusiasm that Mary had as a way to honor her memory," said Library Director Betsy Halvorsen.

Award winners, and their grades, were: MacKenzie McLaughlin (K), Meredith Ianni (second). Grant Northrup (third), Nathaniel Staley (fourth), Tate Hempel (fourth), Emma Offen (fourth), Evan McAllister (fourth). Marin Kemp (third). Anna Kent (third), and Noah Hurley (third).

The winners received a certificate, a $25 gift certificate for Bridge Books in Brockport, and a small gift bag of prizes.

Photo by Andrew Hempel.

McMurray says Collins not doing enough to help local dairy farmers

By Howard B. Owens

Press release:

Representative Collins came out of hiding last week to tell diary framers he was going to help them. You know what he did? He wrote a letter.

His opponent in the Nov. 6th election, Nate McMurray, had more to say.
 
“Christopher wants to blame everybody else. But what has he done to get the farm bill passed? What has he done to help with visa reform for workers? What has he done to open foreign markets so that farmers can sell their products?”
 
The answer is nothing. In fact, Rep. Collins is only blaming Canada for interfering with free trade. Collins said, “Trump, rightfully, has called [Prime Minister Justin] Trudeau and Canada out for their long-standing, non-free-market protection of their dairy.”
 
McMurray countered “He’s confused. Canada has its issues. Why has it taken so long for Christopher to speak up? Beyond that, there are far more places for our farmers to sell milk than Canada. I know China. I did business there. We should have Western New York cheese and milk products stacked on every shelf in Shanghai. And we should have soybeans going out by the shipload. Instead, what do we have? More excuses.”
 
Elect a guy who can fight, who believes in WNY, and who won’t wait until an election year to act.

NOTE: The quote in the fourth paragraph comes from The Batavian's story: Collins visits Stein Farms to talk about what he's doing for the dairy industry

Parents in Alexander express concern school district is double dipping with new use fees

By Howard B. Owens

The Alexander Central School District is planning on instituting a fee structure for use of school facilities by community groups and that has a number of parents, especially parents of children who participate in sports, upset, according to Lisa Lyons, president of the Tri-Town Youth Athletics Association.

Lyons raised those concerns with the Board of Education on Tuesday night. School board meetings are generally sparsely attended and Tuesday dozens of district residents were in the auditorium for the meeting, though there's no way to say how many were there because of the fee issue.

The fees, at least as announced, would cost the association about $8,000 for football and basketball, according to Lyons (CLARIFICATION: Lyons provided a revised calculation of anticipated association costs after publication of this story) and she asked a number of questions, none of which were answered by board members after she spoke.

"As residents, we pay taxes that are among the highest in the state for a community our size," Lyons said. "Adding in $6,000 in fees, how is this not double dipping? As a nonprofit organization, these fees will close programs for us. The district parents of these children have stated this is unacceptable."

Besides Lyons, there were two other parents who signed up to speak but with the intention of ceding their allotted three-minutes to Lyons, a request Board President Reed Pettys would not allow. One parent, Mary Shepard, tried to read from notes prepared by Lyons once her three minutes were up but Lyons said after the meeting she really didn't get to express all of the concerns that have been raised to her by the parents.

Before the public comments section on the agenda, during what the board calls "roundtable," where each board member can speak on any issue they care to raise, Superintendent Catherine Huber took a few minutes to explain her view on why and how the fees are being initiated.

She said in the fall, the board appointed a committee to review and potentially rewrite the school district's facilities use policy. She said the committee was comprised of board members and school staff who are past and present parents and coaches involved with Tri-Town.

The board minutes for Oct. 18 list board members Rich Guarino, Molly Grimes, Lisa Atkinson, Shannon Whitcombe, Matt Stroud, Tim Batzel, Rob Adam, and Ben Whitmore as members of the committee. The minutes also list Board Member Brian Paris as a member of the committee but he said he declined the appointment because of other business commitments and never attended a meeting.

The policy was adopted by the board in December.

Huber said the prior policy also allowed for a use fee but no fees were ever charged.

"We believed that it was time to start charging a nominal fee to outside organizations, to community organizations to use our facilities," she said.

Huber said she has tried to communicate clearly and work collaboratively with Tri-Town, inviting Lyons in for a meeting, not only to inform them on the need for the new fee but letting them know that the district could be flexible.

"Our goal is all the same," Huber said. "Our goal is to provide a great experience for all the children of Alexander."

She called the fee nominal and said that Lyons continued the conversation in emails back and forth.

"This is the first year for fee structure, so I suggested that if what we were suggesting is not something Tri-Town could bear, I asked Tri-Town to bring to me what could be a manageable solution in terms of a facilities fee."

One issue raised by Lyons is the district's projections for the Tri-Town fees are much lower than Tri-Town's estimation of the fees, based on the documentation they've received.

Huber presented slides showing the fee structure.

The association, she said, would be charged $25 an hour for football, for example, and with four games, that would come to about $300 per game day with an annual cost of $1,200.

The district's costs, she said, is $56 an hour or $650 per game day, with a total of about $2,700 annual. That would still leave the district short its expenses by $1,520.

The cost for basketball, by Huber's numbers, would be $1,920 annually with the district's annual cost at $3,523, for a two-sport charge to the sports association of $3,120, which is less than half of what Lyons estimates it would cost the association. The association uses school facilities only for football and basketball. (CLARIFICATION: This paragraph added after initial publication).

Those numbers, she said, don't include all of the district's costs.

"I think it’s really important that we have those numbers in front of us because as a community, we all want the experience for our students but we also have to understand that it is the responsibility of the board and the administration of the school district to make sure that there are facilities for people to use," Huber said.

"This community has come to expect a certain level of facility maintenance and certain expectations of around our facilities. It would be irresponsible of the board to not have a certain cost-recovery measure in place in order to maintain those facilities long-term."

Lyons said Tri-Town is a 40-year-old organization. She doesn't know how long the association has been using school facilities but it has been many, many years, so it doesn't make sense to her why now, all the sudden, the district needs fees to maintain the facilities.

While Huber is saying the fees are in that $1,500 range (they change some, depending on the sport and facility), Lyons said based on the use application she's been provided and the belief that the two chaperones required for each event, at $18 per hour each, increase the cost, the range is closer to $6,000 per sport annually.

If that is true, use fees for parents per sport will likely double, which will lower participation and mean the end to some sports. The disparity is so great, Lyons said a counteroffer, which Huber said is welcome, is hard to even formulate.

"I understand a nominal fee," Lyons said after the meeting. "I get it. But for us to even try to offer them something at this point, the fees are so astronomical I don’t even know where to start."

One thing that bewilders Lyons and other parents who joined a conversation outside the auditorium after the meeting is the requirement for two chaperones at each event.

"If something is broken, we’ve always paid for it," Lyons said during the hallway conversation. "If something happens, we try to take care of it. If they have a complaint, they’ve come to us and said there were kids running around the school, what can we do, OK we rope it off, we have volunteers wandering the school, making sure kids are in place, so again it’s not that we’re not trying to work with them, we are to the best of our ability."

In the parking lot after the conversation with parents, Huber said the chaperones were necessary because "we want to make sure our facilities are taken care of."

Asked if there were problems in the past that made chaperones necessary, Huber would only say, "We just want to make sure our facilities are taken care of.”

We relayed those comments to Lyons in an email and she said, "I would hope that if there were any issues that came up that I would’ve been informed. To my knowledge, I don’t recall there being anything that wasn't taken care of. Most issues that had come up were 'kid issues' and handled where both parties were satisfied. Issues with any property -- I only know of two and those were taken care of at the expense of Tri-Town and its insurance."

She said one property issue was recent and the other occurred many years ago.

The fees also don't make any sense, Lyons said, because Tri-Town volunteers take care of the facilities before, during and after events.

"The school puts on varsity games on Friday night," Lyons said. "When we get here on Saturday, that field is disgusting. It was lined but we set it up. We have to empty all the garbage cans. We have to get ready. We have our game. We clean up to the best of our ability. So you’re telling me as a school they have to ingest more fees when staff would have to do it on Monday?"

She added, "It’s not fair. When you really look at it, it’s not fair."

Students going through Tri-Town athletics makes the school district better, Lyons said. She said studies show that students who learn teamwork, discipline, and other life skills through sports do better academically.

The association also prepares young athletes to compete eventually at the varsity level -- a point Shepard also made during public comments after picking up the notes from Lyons.

"We have fed your school student-athletes for years," Shepard said. "We have helped put Alexander on the map with many individual wins, sectional wins, regional wins and many patches. How many athletic scholarships have been awarded compared to academic ones?"

Debbie Green said her daughter started with Tri-Town as a cheerleader when she was 5. After four years of cheer in high school, she earned a college scholarship. That is how Tri-Town benefits the school, the kids, and the parents, she said.

Green also noted that under the new fee structure, Girl Scouts, which she is involved with, will wind up paying $100 per meeting to continue meeting at the school.

The Batavian attempted to interview school board members after the meeting to get their indivdual takes on the association's feedback on the policy but we were only able to talk with two before the rest quickly left the building.

"When I’m outside the board and I’m not in session, I’m just an individual but I don’t give interviews," said Vice President Rich Guarino.

Asked if that was because of the district's "One Voice" policy, Guarino said, "Outside of the board, we’re just individuals and I don’t give interviews for anything. I don’t answer surveys on the telephone. I don’t give interviews."

Board Member Brian Paris did answer questions.

Paris said he believes the facilities policy is a work-in-progress, that it's really still in draft form and that the board is working on it.

"I’m not on the committee to develop it, so I don’t have tremendous insight but I do know that a lot of people put a lot of time behind it," Paris said. "I know this board. It’s a very reasonable board. Our goal is not to put any student in a position where they are not able to participate in any of these activities."

Lyons, Green, and Donna McArthur, who has been with Tri-Town for 42 years, said it's expensive enough being a parent of a student-athlete. Besides fees, there's equipment, training, travel, and other expenses that add up.

For the association, there are also expenses the district may not be considering, from insurance to recertifying football helmets every three years. And, McArthur said, the association has always made sure every kid who wants to play gets to play.

“We never have a child that does not play," McArthur said. "If they can’t pay as parents, we all kick in. We find them shoes, we find them a glove, no kid has ever been turned away.”

And community members help the school district in other ways. It was community members who did the fundraising in the 2000s for Chris Martin Memorial Field of Dreams, which is used by the district's football, softball, baseball and soccer teams.

For all these reasons, Lyons said, district parents aren't happy with what they see as astronomically high use fees.

"There has to come a point where, yes, there is that collaborative conversation," Lyons said. "But as a district, these parents are pushing back because they know that this organization cannot afford those fees. As parents, with that 99.6 percent of kids who are playing who are district kids, they’re already paying for this school. They don’t want to pay any more for it."

Collins announces yes vote for 2018 Farm Bill

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today voted for the 2018 Farm Bill that will strengthen and grow the Western New York dairy economy.

In recent years, the dairy industry has faced significant challenges, including an overall decline in milk consumption due to unfair trade practices with nations like Canada. Provisions in the Farm Bill make commonsense reforms to safety net programs put in place to help farmers during a downturn.

Collins has been a staunch advocate for expanding the current H-2A visa program that has not met the need of dairy farmers to find a legal, experienced workforce. Provisions to address issues with visas were not included, although Collins was assured by House Leadership that a separate bill to solve these problems will be considered in July.

“Our nation’s dairy farmers are struggling and we have to do everything we can to keep this industry alive in Western New York,” Collins said. “I’ve met with local farmers who have told me on numerous occasions that the Margin Protection Program was simply not working and was based on flawed logic.

"The reforms passed in today’s bill are going to help these farmers better utilize this program as we continue to make reforms that will boost this industry.”

This legislation would provide greater coverage to dairy farmers through the Margin Protection Program (MPP) and will allow a farmer to participate in both the livestock and dairy protection programs. Additionally, the program will be relabeled the Dairy Risk Management Program (DRMP).

The newly created DRMP eliminates the current 25-percent minimum coverage level and allows producers to elect levels in 5-percent increments. It will also add higher coverage levels of $8.50 and $9 per CWT, a provision Collins advocated for in a 2017 letter to House Agriculture Committee Chairman Michael Conaway (TX-11).

The legislation will also require the United States Department of Agriculture to study the accuracy of milk and feed costs used to determine the margin. This was implemented in response to the large number of farmers that were unable to utilize the program because of ineffective calculations.

Collins added: “Since I have gotten elected to Congress, our region’s agriculture industry has been a main priority and I’m committed to continuing to do what is best for our farmers. While we still have work to do to turn this industry around, I’m pleased with the reforms we passed today.”

For more information on H.R. 2, Agriculture and Nutrition Act of 2018, click here.

West Virginia quiets Batavia bats to take series with 4-2 win

By Howard B. Owens

Press release:

The Muckdogs (2-4) dropped the third game in the series against West Virginia (2-4) on Wednesday night. The first two innings went as fast as the blink of an eye with neither team collecting a hit. In the third inning, however, that would change for the Black Bears.

West Virginia scored three runs in the third inning. The Black Bears loaded the bases in the top of the third with two outs, then Edison Lantigua ripped a two-run single to right field. Lantigua took a big turn at first base, and the ‘dogs tried to pick him off on it.

In doing so, the throw to first was wide and therefore scored the third run. After that bases-clearing single by Lantigua, it would take until the fifth inning for another run to cross the plate.

West Virginia manufactured a run in the fifth by bunting Michael De La Cruz to second. Afterward, he tagged up on a fly ball to right that almost got him thrown out by Jerar Encarnacion. Lantigua then ripped another single to the right side that scored De La Cruz and gave Lantigua his third RBI of the game.

The Batavia bats were held to minimal output through the first six innings, then the Muckdogs scored three in the seventh inning. Two runners found their way on by way of a walk (Sean Reynolds) and a single (JD Osborne). Then, in an attempt to break a skid that was 1-21, Gerardo Nunez made it a one-run game by sending a three-run shot over the left field wall to make the score 4-3.

Ryan McKay came in relief in the seventh inning and was excellent, striking out five in only three innings of work. He gave Batavia a chance at the comeback in the bottom of the ninth. A leadoff single from JD Osborne brought on Matt Brooks to pinch-run.

Unfortunately for Batavia, Harrison White hit a fielder’s choice to second that got Brooks out. After that, the early hero Gerardo Nunez grounded into a 6-3 double play to end the game.

Williamsport comes to Batavia for a three-game series from Thursday to Saturday, then Batavia travels to State College to play the Spikes for three games.

Collins issues statement on situation at border involving children and parents trying to enter the country

By Howard B. Owens

This afternoon, The Batavian contacted the office of Congressman Chris Collins and asked for a statement on the current controversy over reports of children being separated from their parents at the U.S.-Mexico border.

Statement from Rep. Chris Collins:

“Last night, House Republicans had a very productive meeting with President Trump. I am pleased to hear he signed an executive order and is supportive of also fixing this crisis legislatively by closing the loopholes in our immigration laws and significantly increasing our border security.

It is very sad to see children without their parents at our borders, and as a compassionate country we are taking action to keep families together while making sure we won’t be faced with a similar crisis in the future.”

New technology, new laws, new personnel adding to workload of DAs office, help needed

By Howard B. Owens

As technology changes, as society changes, the workload for individual assistant district attorneys in Genesee County continues to grow, District Attorney Lawrence Friedman told members of the County Legislature on Monday during the Public Service Committee meeting.

Friedman was joined by First Assistant DA Melissa Cianfrini to make the case for adding a new ADA position to their staff in 2019.

In 21 years as DA, Friedman said he's never asked for additional DA staff, but it's starting to become impossible for ADAs to juggle town courts, county court, case preparation, and specialty courts.

"Assistant district attorneys have been coming to me and saying there is too much going on and I acknowledge there is," Friedman said. "We’ve held off as long as we can but we need help."

On the technology front, evidence to review now includes police body-worn cameras, video surveillance -- not just from the city but from private homeowners and business owners, recorded inmate calls from the jail, and recorded stationhouse felony-case interviews.

That substantially increases the amount of time an ADA works on many cases.

"The thing is, it's time-consuming," Friedman said, speaking specifically about body-worn camera video. "We have to review all that video. When we’re lucky it can be a matter of minutes, but it’s not unusual to have literally hours of video because the police officers are doing their job and they’re running the cameras."

All the video related to a particular incident may include the hours that an officer is just working on his paperwork but every minute must be reviewed.

"The thing is, we can’t take the chance," Friedman said. "We’re turning this over to the defense. We need to know what’s on there. It’s a huge time drain."

Even the most seemingly mundane video minutes though can turn out to be valuable, Cianfrini said.

"We’ve saved statements because the police didn’t recognize, maybe, that was a statement that should have been noticed or it was a statement that was not made because of questioning, so reviewing body-worn cameras are fruitful and something that we can’t just skip doing," Cianfrini said.

Both Friedman and Cianfrini noted they are not complaining about new avenues for evidence, just noting how they change the nature of the job.

"All of these technological advances are positive things overall but they’re very time consuming," Friedman said.

The caseload for ADAs is also no longer limited to just town and county courts, what Friedman and Cianfrini referred to as justice courts. Many cases are now often referred to specialty courts, such as drug court, veterans court, mental health court, family court, and integrated domestic violence court.

Cases referred to those courts often last longer and involve more dedicated time.

For example, a specialty court case might include regular meetings with the ADA, defense, the judge, counselors, and others to discuss progress on each individual case and how the court should proceed that the defendant's next appearance. 

The time spent on specialty courts also means there are fewer ADAs available to cover a town court when another ADA is tied up on a felony trial in County Court.

"It's getting to point where don’t have enough bodies to cover the courts we have," Cianfrini said "If I’m trying a felony case, we have a hard time finding the bodies to cover form me in my other courts while I’m trying a felony case in County Court and vise versa for everybody in the office."

The way laws and crime both have changed also takes up more time for ADAs.

Take DWI for example -- stricter punishments, whether it's losing a license through a criminal proceeding for life or getting a five-year suspension through the DMV on a DWI conviction, encourage more defendants to take cases to trial rather than settle for a plea agreement.

“So we’re having a lot more DWI trials, across the board, misdemeanors and felonies," Cianfrini said.

Even shoplifting ain't what it used to be. Crime rings make shoplifting cases, usually at the big-box stores on Veterans Memorial Drive, are more complex and more time-consuming.

“It’s not just the shoplifters who go in and swipe a mascara or a T-shirt," Cianfrini said. "These are organized shoplifting rings that come in and take thousands of dollars at one time. They have complex teams that they use to try and avoid detection. I just had a trial plead out today where three people stole over $3,000 worth of merchandise. They stole 12 Sonic Care toothbrushes and a ton of Nike apparel because that has a high retail value in the pawnshops and in the black market."

There's also been a lot of turnover the past three years in both the Sheriff's Office and Batavia PD. Friedman stressed all the new officers are outstanding individuals but they still, like anybody in a new, complex job, have things to learn. That means more time working with officers in the field for ADAs, such as Cianfrini.

"I get more calls because they want to do the right thing," Cianfrini said. "Those calls now take longer. Calls that were under five minutes now take longer. Sometimes I have to get up and do research in the middle of the night make sure they're accurate in what they’re telling me and that I’m getting them the best advice because it’s their first time dealing with a situation."

One of Friedman's ADAs is retiring at the end of the summer, which means replacing an experienced attorney with a new attorney who will also take time to train. He's warned the candidates that being an ADA isn't just a 9-to-5, weekends-free type of job.

"We were just explaining to a job candidate on Saturday, during an interview, you are expected to be in the office or in court between regular business hours, 8:30 to 5," Friedman said. "Then you’re going to be in justice courts in the evening, and you’re on call 24-7. That’s what these jobs are.  Nobody in our office only works 37.5 hours a week. Not even close."

Photos: Move up day at JK

By Howard B. Owens

Students at John Kennedy Intermediate School, members of the BHS Class of 2026, were congratulated by teachers and administrators on Tuesday as they ended the school year prepare to move up to middle school.

Two people accused of selling nitrous oxide at Dead & Company concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Dead & Company Concert at Darien Lake Performing Arts Center on Tuesday:

Mark L. Olson, 48, of Kansas Street, San Diego, was arrested for sale of hazardous inhalants after allegedly selling balloons filled with nitrous oxide. Olson was arraigned in Darien Court and jailed in lieu of $250 bail.

Joshua A. Thompson, 23, of Jackson Street, Woodbury, N.J., was arrested for sale of hazardous inhalants after allegedly selling balloons filled with nitrous oxide. Thompson was arraigned in Darien Court and jailed in lieu of $250 bail.

Michael D. Kopyscianski, 33, of Woodycrest Avenue, Bronx, was arrested for criminal possession of a controlled substance, 7th, after allegedly found to be in possession of heroin. Kopyscianski was arraigned in Darien Court and jailed in lieu of $1,000 bail.

Roger J. Furman, 54, of Shaker Hill Road, Enfield, was arrested for criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Roger was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Alicia M Trace-Stephenson, 42, of Concession 5, West Tiny Township, Ontario, Canada, arrested for criminal trespass,3rd, after allegedly reentering the concert venue after being ejected and told not to return. Alicia was arraigned in Darien Town Court and jailed in lieu of $150 bail.

Charles A. Restivo, 46, of Otto Park Place, Lockport, arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Matthew T. Gillespy, 30, of Essex Street, New York City, arrested for disorderly conduct after allegedly engaging in a fight in the parking lot.

BDC selects new economic director for Batavia

By Howard B. Owens

The Batavia Development Corp. Board of Directors agreed this morning to hire Rachael Tabelski as the new economic development director, replacing Julie Pacatte, who left a couple of months ago to pursue a new job opportunity.

Tabelski is a Batavia resident and has been marketing and communications director for the Genesee Economic Development Center for more than seven years.

Board President Pierluigi Cipollone, who served on the search committee, praised Tabelski as clearly the most qualified among a field of five candidates, that included two from Buffalo, one from Texas, and a native New Yorker from the Finger Lakes region who currently works in Massachusetts.

"She came to the interview very well prepared," Cipollone said. 

He said she had a spreadsheet of all BDC's projects, worked side-by-side with Pacatte on preparing the city's successful bid for the state's Downtown Revitalization Initiative project, and clearly understands economic development.

The job offer to Tabelski, with a salary of $67,000 annually, which is $2,000 more than the BDC paid Pacatte, was approved unanimously.

"It's a no-brainer," said Board Member Steve Pies. "She is well versed in our projects and she is passionate about it.

The fact that Tabelski has been working with Pacatte on city projects as part of her job with GCEDC makes her a perfect fit for the job.

"There will be no hiccup," Valle said. "She is knowledgeable about everything. She has a great vision and goals, and she's fantastic."

Tabelski is married to City Council Member Adam Tabelski. Cipollone said the only conflict of interest will be for Adam Tabelski will be on votes related to his wife's compensation. He will need to recuse himself on those issues when they came before the council.

In the discussion, board members questioned whether the compensation was appropriate. Cipollone said that based on his research the salary range in similar-sized cities in the region is $70,000 to $90,000, so the BDC is on the low-end of the scale, he said.  

That prompted Steve Casey to ask if, notwithstanding her ties to the community, a low salary might encourage her to move on to another job sooner rather than later. Cipollone noted the BDC has limited funds to work with and anything paid in salary would mean less available for projects.

Rachael Tabelski will start her new job July 6.

Muckdogs come up short in second game against West Virginia

By Howard B. Owens

Photo submitted by Kayla McIntire.

Press release:

The Muckdogs dropped the middle game of a three-game set against West Virginia on Tuesday night by a score of 7-6. Batavia had a chance to either tie or win the game in the bottom of the ninth.

Humberto Mejia got his first start of the season with the Muckdogs on Tuesday. In his career, none of his starts with Batavia had gone longer than 3.1 innings. On Tuesday, he was able to get two outs in the fifth before he ran into trouble. Mejia ran into a slight hiccup when he gave up a solo home run to Johan Herrera to give the Black Bears a 1-0 lead.

They would tack on three more in the third inning as well. Daniel Amaral would reach on an error, (one of nine combined in the ballgame) and would steal second to get into scoring position. Three straight RBI hits from Edison Lantigua (double), Lucas Mangieri (single), and Herrera (double) put West Virginia up 4-0 after three.

Batavia, in total, went 3-18 with runners in scoring position and left a season-high 12 runners on base. The Muckdogs wouldn’t score their first run until the fifth. Back-to-back singles to lead off the fifth inning from Igor Baez and Gerardo Nunez, who logged his first hit of the season on the play, and both would come around to score on the play.

A Ricardo Cespedes sac fly would score Baez, and an RBI triple from Jerar Encarnacion would bring in Nunez. On that triple, Encarnacion advanced his hit streak to five games. He’s had a hit in every game for Batavia this season. Ricardo Cespedes would do the same with a one-out single in the seventh.

The Black Bears scored one run in each of the seventh and eighth innings of the game to go in front 7-3 going into the bottom of the ninth for Batavia. Demetrius Sims led off the inning with a walk. Cespedes would get on base with the fifth error of the night by the Black Bears’ defense. Encarnacion bounced into a fielder’s choice that sent Sims to third but would cut down Cespedes at second.

Batavia had runners on the corners with one out. Sean Reynolds came into pinch-hit but would go down on strikes looking. Albert Guaimaro then reached on a throwing error that sent Sims home to make it a three-run game. Runners then stood on first and second with two outs.

Denis Karas hit a clutch two-out single that would plate two runs, making the Muckdogs’ deficit just one. Baez drew a walk to load the bases up again, with the tying run standing on third, and the winning run at second. Gerardo Nunez came up with two outs, but on a 0-2 pitch in the dirt, a controversial third-strike call was made on an appeal by base umpire Jae-Young Kim to end the Batavia rally.

The final game of the series comes on Wednesday night at 7:05. The Muckdogs will send LHP Logan Boyd to the bump for the rubber match. West Virginia has not announced their starter yet. Batavia then welcomes the Williamsport Crosscutters to town for a three-game series.

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