Le Roy Central Schools will continue to keep doing what it's doing when it comes to COVID-19, Superintendent Merritt Holly told the Board of Education on Tuesday night, because it's been working.

That is, the district will continue to follow the protocols.

Holly said with a total of there are currently 25 more COVID-19 cases in the district this year than last at the same point, when there were 45, but by Dec. 24 last year, there were 81 cases.

The numbers, then, this year are looking pretty good, when you consider that this year, nearly all students are attending school daily and the world is dealing with varients that spread more easily than the version of SARS-CoV-2 that was in the air a year ago.

The data is clear, Holly said: The vaccines work.  Most of the local infections are among the unvaccinated.

The other advantage for the vaccinated is they don't have to follow the same quarantine protocols if they become a close contact to an infected person and are asymptomatic.

The district, he said, with temperature checks, social distancing, masks, quarantines for the unvaccinated who get exposed to the disease, are one of the safest environments for staff and students.

"What we've put in place has allowed us to stay functional and stay in school," Holly said.

 

Updated Nov. 15, 2 p.m. with statement from Oakfield Village Mayor David Boyle:

With the Town of Oakfield on board with the amount it will have to pay for fire protection service for 2021-22, it has decided to “drop” its dispute with the Village of Oakfield for several months.

That’s what Oakfield Town Supervisor Matt Martin reported to The Batavian today on the heels of village and board meetings on Monday and Tuesday of this week, respectively.

When asked what has been agreed upon, Martin said, “Basically, nothing has changed whatsoever. It is what is was four years ago. So, the contract is the same as the existing contract.”

The town board will pay the $49,126 fee charged by the village for services provided by the Oakfield Volunteer Fire Department for the period covering June 1, 2021 through May 31, 2022, Martin said. The village owns the fire trucks and equipment, while the OVFD owns the building on Albert Street.

According to the municipalities’ longstanding agreement, the town is responsible for 58 percent of the fire department budget as determined by the village board. The OVFD budget for 2021-22 is $84,700.

Clearly not pleased with the back-and-forth debate with Mayor David Boyle that played out in the media and on the village and town websites, Martin said, “I just felt we're going to fight the issue another day.”

“For right now, we just were happy with the number they gave us as far as the dollar amount. So, we just decided to drop it for the next six months.”

Town is Looking for a Service Contract

Martin said the town board is more concerned with the wording of the contact and the provisions of the contract, with its goal to achieve a fixed amount as a “service contract,” excluding responsibility for equipment upkeep and purchasing.

“We’ve been going back and forth for four years, and they weren't willing to change a thing. So, we said let's sign it and get it behind us for now. We'll see what happens in the future,” he said.

Town attorney Craig Welch, partner with Lacy Katzen LLP of Rochester, today verified that the contract is in place through next year (May 31).

He said the town’s position is attaining a “fixed number for the service” instead of the current percentage formula being used by the village.

“The way it is now, you don't have control,” he said. “I mean, if you have somebody come to your house and they’re going to paint the living room, they give you a number. We'd rather just pay a fixed number for services, just like the town charges the village for plowing the village streets. It’s not a percentage of the town budget, it’s just a number.”

Welch said the town paid the $78,000 owed to the village for the prior fiscal year some time ago, and that was confirmed by Village Clerk Kimberly Staniszewski. He also said that fire protection for town residents will continue uninterrupted.

Creation of a Fire District is a Possibility

Another key issue in the scheme of things is the possibility of the fire department creating its own fire district – separate from the village and the town.

“We voted years ago to go with a fire district, but the village refuses to do it,” Martin said. “The village wants control of the fire department. The fire department does not want that and the town does not want that either.”

OVFD Chief Sean Downing said that fire department officials have talked about forming a fire district in the past, but added that he was surprised to hear that it has been brought up again.

"The town clearly does not want the fire department being under the village ... and the village does not want to go to a fire district, where the town does," he said. "It's our preference (to do so) but without both parties agreeing to it, nothing will move forward on it at this time."

Martin acknowledged that the law sides with the village in creating a fire district.

“The village has the final say on that, apparently, according to the legal proceedings. So, it's up to the village. I don't see where the fire department should be under the control of the village board or the town board. They should be a fire district, which has its own board of commissioners.”

Welch, when asked if the parties will be at the table prior to the end of May, said that could happen unless “people came around and created a fire district in the meantime. That is an option.”

Statement from Oakfield Village Mayor David Boyle

"Both (the) Village and Town have approved an amended contract.  It is expected that this contract will be signed by both the Village and the Town in the next few days.  This agreement covers the period starting June 30, 2021 and will last through at least May 31, 2022.

"The interests of the Oakfield Community as a whole provided the ground for guiding the Village Board. The Village Board of Trustees unanimously agree that they feel the new contract is in the best interest of the larger Oakfield community.

"The amended agreement includes a clause for timely payment of monies by the Town. The Village will increase its support of the Fire Department budget to a 46 percent share (reducing the Town's share to 54 percent). There are also guidelines for the process of future contract renewals."

Previously: Fire protection deadline extended as Oakfield town, village boards prepare for mid-December meetings

Previously: Mayor says village, town are "pretty close" to settling dispute over fire protection services in Oakfield

Previously: Oakfield fire protection dispute update: Village wants full payment before negotiating; Town has sent half

Previously: Village of Oakfield threatens lawsuit, withholding fire protection over payment dispute with Town of Oakfield

Jacob Sponaugle Devon Wright

Jacob Sponaugle, convicted at jury trial on Nov. 17 of attempted murder, assault in the first degree, and criminal possession of a weapon in the second degree, was sentenced to two 15-year sentences in state prison as well as a 2 1/3 to seven-year sentence.

All sentences, per state sentencing guidelines, will be served concurrently.

Sponaugle will be on parole for five years following his release.

Jenna Bauer, the newest member of the District Attorney's Office, who assisted retired DA Lawrence Friedman at Sponaugle's trial, argued for a maximum sentence before Judge Charles Zambito.

She argued that Sponaugle shot Jason Whitehead over nothing and that such assailants are "the most dangerous type of person." She said Sponaugle has shown no remorse and continues to proclaim his innocence despite that clear evidence that he shot Whitehead.

The trial -- Friedman's final criminal trial before his retirement -- was a rare two-defendant trial but Sponaugle's co-defendant, Devon Wright, entered a guilty plea to attempted possession of a weapon, along with charges from unrelated cases, near the start of the three-day trial.

Wright's attorney indicated Wright sought a deal that would allow him to be out of jail so he could be present at the birth of his first child.  Wright was released under supervision of Genesee Justice pending his sentencing. 

He's been missing and wanted by Batavia PD since Nov. 27.

A fully involved tractor-trailer fire is reported on the Thruway in the area of mile marker 384 in the westbound lane.

Le Roy Fire is on scene.

The cargo is unknown at this time. 

Dispatchers received multiple calls about the fire.

UPDATE 12:46 p.m.: Town of Batavia requested to the scene.

UPDATE 12:54 p.m: Batavia and Bergen can go back in service. Fire is knocked down.

The Le Roy HS boys cross country team did something no other cross country team has done in the history of the school this season: won a Section V title.

The team was honored at the start of the Le Roy Central Schools Board of Education meeting on Tuesday.

The team consisted of Erik Schwab, Aiden Soggs, Ian Kepple, James Blake, Cole Friedhaber, Kyle Northrup, and Andrew Greene.

Schwab had a fourth-place finish in the championship race and Soggs finished 8th.

In the girls' race, Charlotte Blake finished second overall, claiming her third sectional patch in the sport. She is one of the most decorated cross country runners in school history.

Erik Schwab, Andrew Greene, Ian Kepple, James Blake, and Charlotte Blake. 

Updated 10 a.m.:

Senior winger Vin DiRisio registered a hat trick Tuesday night – with all three goals coming in his team’s six-goal second period – to lead Batavia Notre Dame United to a 10-1 victory over the WFL Panthers in Section V hockey at the Geneva Recreation Complex.

DiRisio upped his season total to nine goals, one behind senior line mate Gavin Schrader, as United raised its record to 3-2.

Last night, United unleashed 49 shots at a pair of WFL goaltenders – scoring twice in the first period, breaking the contest open with six in the middle period and twice in the third period. United goalie Courtney Schum stopped 21 of 22 shots, yielding WFL’s only goal early in the second period that cut BND’s lead to 2-1.

Senior Zack Eschberger, center on the first line with DiRisio and Schrader, returned to action and promptly put the visitors on the board at 3:54 of the first period, with assists from Schrader and junior Ronin Hofmaster.

"It was great having our co-captain Zack Eschberger back in the lineup for the first time this season," Coach Marc Staley said. "He gave us a really nice boost offensively with his energy and speed."

Schrader made it 2-0 eight minutes later on a power play goal with Hofmaster and DiRisio assisting.

Following a goal by the Panthers’ Lucas Springer early in the second period, BND took control with six goals over the next 11 minutes – the three by DiRisio and one each from Hofmaster, freshman Brady Johnson and Eschberger. Jameson Motyka had three assists and Noah Hudson two.

Schrader and Motyka rounded out the scoring with goals nine seconds apart in the first minute of the third period, with Eschberger and Johnson assisting, respectively.

"We controlled the puck very well as a team last night and our offense clearly can be lethal," Staley said. "There are still a number of things we need to tighten up on, however, in transition and in our own end." 

For the season, Schrader has 10 goals and 10 assists, DiRisio nine goals and seven assists, Hofmaster five goals and seven assists, and Motyka four goals and seven assists.

Staley said his team will have to be sharp against strong competition at this weekend's Dave McCarthy Memorial Christmas Tournament at the Batavia Ice Arena.

"The Dave McCarthy Memorial Christmas Tournament has a great tradition of bringing in some of the best teams in the state. With Fulton, Webster Schroeder, and Bishop Timon coming in, I expect some great hockey to be played."

On Friday, Bishop Timon takes on Webster Schroeder at 6 p.m. and Batavia Notre Dame will face off against Fulton at 8 p.m. On Saturday, the consolation game is at noon and the championship game is at 3 p.m. Admission for all the games is $5 (the charge for seniors is $3). There is no charge for those 18 and under.

Established to assist students in Batavia City School District, the Twenty-five Neediest Children's Fund is a cause that’s been around since the 1930s, and fund committee members are hoping the community will continue its compassionate streak of generosity this year, fund committee member Nann Zorn says.

“We’d like to have enough money to carry us through the whole year,” Zorn said to The Batavian Monday. 

The Twenty-five Neediest Children's Fund uses monetary donations for the assorted needs of Batavia City School District students. Those needs include everything from medical and dental care, prescription drugs, clothing, shoes and sneakers to eye exams, glasses, counseling, and other educational needs. It is nicknamed “The Quiet Fund” because it arrives without fanfare in a yearly one-time appeal seeking community support. An effort meant to benefit local children as soon as their needs are identified, it is “a true charity in every sense of the word,” committee members said in a letter issued to The Batavian.

Contrary to many other fundraisers, this one pours all donations back into the needs of district children, Zorn said. There are no administrative costs and 100 percent of the donations received are used for the benefit of children in need. 

“Every gift is a gift of love and is an affirmation that no child should go without,” the letter states.

The fund stems from The Great Depression, an era when parents couldn’t even afford their child’s overnight stay at the hospital. School nurses noticed that some children were “falling through the cracks” when their needs of eye glasses, dental work or minor surgery went unmet. At that time, the cost for a child having his/her tonsils removed was $7.50 per each night’s hospital stay, which many families could not afford. Physicians waived their fees for the medical procedure, but that overnight fee proved to be too steep for some families to proceed. 

It was out of that tremendous need that the Twenty-five Neediest Children's Fund grew into existence, Zorn said.  

“Ever since, this fund has assisted children in the Batavia City Schools in complete anonymity.  No family or child is ever identified to us by name, as to preserve the dignity of the family,” the letter states.

Even though it was initially intended to help out 25 of the most needy children, the fund’s scope has become unlimited to include as many of them as possible, Zorn said. Over the years “hundreds and hundreds” of children have received assistance, she said. 

As students’ needs are identified by teachers, their school nurse, or district social worker Julie Wasilewski, the concerns are conveyed to registered nurse Nancy Haitz of the district’s Office of the Coordinator of Health Services. Haitz contacts the child’s parents, and if it is determined that they are in need of assistance, the Twenty-five Neediest Children’s Fund steps in to help. The parents then select what care is to be provided, and by whom, in order to provide a remedy.  Bills are then submitted to the Fund for payment.  There is no red tape, no publicity, and there are no strings attached, as the only purpose is to serve the child in need.  

Anyone interested in contributing to this fund may make their check payable to: Twenty-five Neediest Children’s Fund, Inc., care of Nann K. Zorn, 12 River St., Batavia, NY, 14020.  

To assist a child and their parent in this way “is a wonderful and immeasurable gift,” committee members said.

“On behalf of the children and their parents, helped by your generosity and gifts of love, we extend to you a most sincere thank you and warm holiday wishes,” signed by the Twenty-five Neediest Children's Fund Committee members Sara Zorn Schroeder, Nancy Arras, Benjamin J. Bonarigo, Nancy Haitz, Virginia Tiede and Nann K. Zorn. 

 

 

A Batavia man with a prior sexual abuse conviction and facing 10 new felony counts involving rape and sexual abuse entered guilty plea felony counts that could lead up to eight years in prison and 15 years of parole.

Jon T. Magliocco, 44, who told Judge Charles Zambito that he had an 11th-grade education, entered guilty pleas to rape in the third degree, a Class E felony, a lesser included offense for criminal sexual act in the first degree, a Class B felony.  He also pled guilty to criminal sexual abuse in the third degree, a Class E felony.

Each count carries a possible sentence of two to four years and the terms could be served consecutively.

Magliocco admitted to having sex with a person without that person's legal consent and to engaging in either oral or anal intercourse without the victims' consent while at location on Mill Street, Batavia, in August 2021.

The possible sentence is the statutory limit available to Melissa Cianfrini, who will have assumed the County Court bench when Magliocco comes back for sentencing at 2:30 p.m. Jan. 20.

Zambito ordered Magliocco, who was already in jail, held without bail pending his sentencing.

After enduring a pandemic, severe building damage due to strong winds, a student’s death, and complaints of unresolved bullying At Batavia City School District, Scott Bischoping’s second time around as interim superintendent is coming to a close.

The district’s Board of Education is expected to vote this week on a reorganizational move to change superintendents effective Jan. 3 of next year.
Bischoping took over the interim role during the summer after former administrator Anibal Soler Jr. announced he was leaving in July. 

The board had recently agreed to hire Jason Smith as the new superintendent, which would make this December board meeting the last one for Bischoping. It’s set to begin at 6 p.m. Thursday in the high school’s library, 260 State St.

Other votes include contracts with Batavia Teachers’ Association, Batavia Agri-Business Child Development Program/ABCD Migrant Head Start, Elba Central School, Batavia Clerical Association, and the city school district’s executive director of Curriculum and Instruction.

BTA’s contract is up in July 2022 and a renewal would extend the agreement until June 30, 2026. The district’s contract with Batavia Agri-Business is for one year, from Feb. 1, 2022, to Jan. 31, 2023, and an agreement with Molly Corey of the Curriculum and Instruction Department would go from July 1, 2022, through June 30, 2025.  Elba Central School’s agreement is for a 12:1:1 special needs program. 

The meeting includes time for the public to be heard before a slate of presentations and votes on consent items. 

Director Robert Conrad is to provide an update about Richmond Memorial Library; Kylie Tatarka, a student representative on the board, is to give the student ex-officio report; and Bischoping is to review an update as interim superintendent. 

Budget transfers, grant applications, appointments of new physical education, social studies and substitute teachers are also up for approval, as well as My Brother’s Keeper facilitator; six teacher aides; each of a high and middle school bus supervisor, and an agreement for professional services with Kimberly Gingrich MA/AC and the district for bilingual psycho-educational evaluations and additional social-emotional or adaptive assessments effective retroactive to Nov. 18, 2021.

The meeting will be live-streamed via YouTube.com

During the first have of the rival match-up between Notre Dame and Elba at Notre Dame, the Lady Lancers looked like a team rebuilding after losing four starters from last season's championship squad.

Elba trailed 17-8.

In the second half, the Lady Irish were outscored 19-12.

It wasn't enough for Elba, though, after Avelin Tomidy hit a game-winning shot with about 15 seconds left in the game.  Elba wasn't able to answer and Notre Dame celebrated a nail-biter of a victory.

Tomidy finished with nine points. Maylee Green lead the Irish with 14 points.

For Elba, Laci Sewar scored 10 points.

Oakfield-Alabama beat Pembroke 74-46 on Monday night.

For the Hornets:

• Gaige Armbrester, 19 points, 7 rebounds, 5 assists, 2 blocks
• Kam Cusmano, 18 points, 7 rebounds
• Kaden Cusmano, 10 rebounds, 7 assists, 2 blocks

For Pembroke: 

• Cayden Pfalzer, 19 points
• Tyson Totten, 14 points

Photos by Kristin Smith.  For more, click here.

A motor possible motor vehicle accident is reported in the area of 7033 Alleghany Road, Alabama.

Dispatchers and hear a horn beeping and four-ways flashing but no voice response on the open 9-1-1 call.

Alabama Fire and Mercy EMS dispatched.

Dispatchers checking on the availability of Mercy Flight.  Mercy Flight is going on in-air standby.

Law enforcement is on scene and reports the vehicle about 100 feet off the road.

UPDATE 5:29 p.m.: Mercy Flight requested to the scene. CPR in progress.  Mercy Flight is coming from Olean with a 30-minute ETA.

UPDATE 8:03 p.m.: From Alecia Kaus/Video News Service: According to the Sheriff's Department, the driver of the vehicle had a medical issue and drove off the west shoulder of the roadway as it was headed south on Rt. 77. The driver, a male in his mid-50s, then called 911. When medical and fire crews arrived, the driver was unresponsive. The driver passed away on the scene.

UPDATE 11:32 p.m.: The Sheriff's Office has issued a press release about the incident.  At 5:17 p.m., emergency dispatch received a call from the On-Star reporting that emergency services were needed in the area of 7033 Route 77 in the Town of Alabama.  Upon arrival, patrols found a 2009 Ford 150 a field about 50 yards off the west should of the roadway.  The vehicle appeared to have little damage.  The lone male occupant was unresponsive and responders believed he had suffered a medical incident.  Life-saving measures were attempted.  The driver was identified as Mark R. Morlock, 55, of Cheektowaga.  Morlock was pronounced dead at the scene.  The Sheriff's Office is conducting an ongoing investigation.  Alabama Fire and Mercy EMS assisted at the scene.

Photo by Alecia Kaus/Video News Service.

Press release:

Batavia Downs Gaming Vice President Scott Kiedrowski, along with General Manager of Gaming, Sean Schiano, Group Sales Manager Mary Bucceri and Director / General Manager of Live Racing, Todd Haight, presented representatives from the Rochester Veterans Court Mentors (RVCM) with a check for $710 to help support their efforts of assisting Veterans with within the court system.

On December 5th a Kris Kringle Craft and Vendor show was held at Batavia Downs and a portion of proceeds from the booth reservation fees were collected in support of the RVCM.  The organizer of the show, Ted Hanes, always chooses a group to benefit from the events he puts on.  The RVCM usually has a fundraising event held during the racing meet inside the Clubhouse but did not this year due to COVID.

“We are appreciative to Ted Hanes and to Mary Bucceri from Batavia Downs for thinking of us, “said Ray Melens, Lead Mentor for the Monroe County Veterans.  “The funds are so important for us to continue our work as we look to assist Veterans who find themselves within the court system.  We strive to identify and treat the underlying issues facing many Veterans to help them get back on the right path.”

About Batavia Downs/WROTB
Western Region Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 11 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western Region OTB has generated over $232 million in operating and surcharge revenues to the taxpayers of participating municipalities.

About Veterans Treatment Court
The Veterans Treatment Court program is available to eligible Veterans with non-violent criminal charges who have either substance abuse or mental health diagnosis. The goal of VTC is to treat the underlying issues that are at the root of the criminal behavior. With intensive case management, the Veteran is given all the tools they need to return to being a productive member of society. This group of Veterans is further supported by the opportunity to attend a variety of peer groups on a voluntary basis while they are in treatment and after their discharge.

Photo by Howard Owens.  Pictured: General Manager of Gaming, Sean Schiano, Group Sales Manager Mary Bucceri, Ray Melens, Lead Mentor for the Monroe County Veterans, Vice President Scott Kiedrowski and Director / General Manager of Live Racing, Todd Haight

For the first time since 2015, City of Batavia Firefighters Local 896 handed out warm jackets to children in the community as part of Operation Warm.

This year, the program was backed by a generous $2,000 donation from Batavia Downs, along with $300 from the union and another $600 in community donations. 

There were 144 jackets handed out yesterday at Robert Morris, including a pink one to Sophia Bell, 8, with her father, Jon Bell, looking on.

Press release from Rochelle M. Stein, Chair, Genesee County Legislature; Lynne M. Johnson, Chair, Orleans County Legislature; John C. Welch Jr., Orleans County Chief Administrative Officer, L. Matthew Landers, Genesee County Manager and Paul A. Pettit, Genesee and Orleans Counties Public Health Director:

BATAVIA – Due to the current COVID-19 surge, New York State Governor Hochul announced on Friday, December 10^th that starting Monday, December 13, 2021 through January 15, 2022, that masks will be required in all public places unless businesses or venues implement a vaccine requirement. However, Governor Hochul did not clearly state how enforcement of the mask mandate will occur.

“The Genesee and Orleans County Health Departments (GO Health) will continue to focus our efforts on offering free vaccination and testing clinics as well as conducting case investigations,” said Paul Pettit, Genesee and Orleans Public Health Director.  “Outside of our own County facilities, we do not have the capacity to enforce mask mandates and enforcing mandates is not the best use of our limited resources at this point of the pandemic response.  As we have throughout the pandemic in line with CDC guidance, we continue to advise residents to properly wear masks indoors when social/physical distancing is not possible.”

“As we did during the last surge, Genesee County will take the approach with our community to Educate to Cooperate in regards to the benefits of masking and social distancing,” stated Rochelle Stein, Genesee County Legislature Chair.  

“In Orleans County, we will continue to focus our county resources on vaccinations, contact tracing, testing and working to keep children in school,” said Lynne Johnson, Orleans County Legislature Chair.  “We held two clinics this week, one for testing and one for booster shots. We continue to seek more testing resources from the state, because we believe identifying and isolating those who test positive is the greatest need right now to reduce the spread.”

To reduce the spread in our communities, we need to increase vaccination rates and increase testing in order to identify and isolate those who are positive with COVID-19.  However, rural county health departments continue to have issues securing additional testing resources. GO Health and local officials continue to advocate for additional resources and assistance from the state in order to have free testing in our communities. 

Genesee and Orleans County Public and Health officials encourage those who have not been vaccinated or have not received their booster shot, to do so as soon as possible.  Booster shots have just been approved for 16 and 17 year olds, 6 months after their last shot.  Visit https://gohealthny.org/covid-19-vaccine-information/ or www.vaccine.gov to make an appointment. If you are experiencing symptoms, please stay home and seek testing.  For information on COVID-19 testing, visit https://gohealthny.org/covid-19-testing-information/ or https://coronavirus.health.ny.gov/find-test-site-near-you

COVID-19 is not the gift to give this season, please plan to protect your loved ones by getting your vaccine and/or booster.

City Manager Rachael Tabelski solicited some laughter during Monday night’s City Council Conference Meeting while proposing to end a $40 per month, 56-year-old right-of-way lease with owners of the Pok-A-Dot Restaurant at 229 Ellicott St.

Tabelski said she believed it’s time for the city to terminate the lease (and City Attorney George Van Nest agreed) that was created after it was found that part of the building was on the city’s right-of-way.

At that time – the year was 1965 – it was agreed that Pok-A-Dot owners Philip Pastore Jr. and Joseph Marone would pay the city $40 per month.

“We’ve never changed the terms and conditions of the lease – and they’ve always paid,” Tabelski said, “and they’ve always provided great beef on Weck and French fries.”

In 2020, the restaurant’s current owners, Pastore’s wife, Leona, and daughter, Phyllis Pastore-Beers, expanded the business to accommodate COVID-19 distancing protocol and food pick-up options. In the process, they obtained a New York State Department of Transportation permit to complete the work because it is located in a U.S. right-of-way for missile transport.

Interestingly enough, the DOT permit carries a fee of $460 per year – slightly less than the fee of the Pok-A-Dot’s lease with the city. As a result, Pok-A-Dot owners are requesting an end to the city lease, Tabelski said.

City Council members agreed to move the proposal to its Jan. 10 Business Meeting for discussion and a possible vote.

Three other Conference Meeting resolutions were forwarded to last night’s Business Meeting and all were approved:

• A 15-month contract, effective immediately, with AMREX of Binghamton to supply the Water Treatment Plant with sodium hypochlorite at an inflation-induced cost of $1.45 per gallon.

Calling it a “weird and wild ride procuring resources,” Tabelski said that was the lowest of seven bids received for the chemical, which is used for disinfection of the public water supply. She added that other municipalities are having similar supply issues.

Previously, the city paid 86 cents a gallon for the chemical, she said.

• An emergency purchase of 400 pounds of refrigerant for a compressor at the Batavia Ice Arena on Evans Street at a cost of $19,800. The funds will be taken from the facility’s reserves, dropping the available amount to $371,000.

Tabelski said she approved the purchase after Carrier personnel replaced the compressor and discovered and repaired a couple leaks in the refrigerant system. Consequently, the system is low on R-22 refrigerant and could be in danger of malfunctioning.

• The reappointment of realtor Bernadette Penfield to the Board of Assessment Review through Sept. 30, 2026.

Council also forwarded a resolution to the Jan. 10 Business Meeting to accept a $28,681 grant from Genesee County STOP-DWI to provide specialized patrols targeting drug and alcohol impaired driving, and the purchase of RADAR units, training of a Drug Recognition Expert and associated expenses.

File photo of the Pok-A-Dot by Howard Owens.

Press release:

National Grid crews have restored power to 212,000, or 97%, of the nearly 221,000 upstate New York customers impacted by the severe windstorm that caused significant and widespread damage across the region over the weekend. The storm brought gusts of up to 80 mph in some regions and left behind hundreds of broken utility poles, damaged transformers, toppled trees, tree limbs and downed wires.

“While we have made steady progress, there is still work to be done and our expanded field force will continue to work around the clock to ensure every customer’s service is restored as safely and quickly as possible,” said Matt Barnett, National Grid’s Vice President of New York Electric Operations. He noted that the remaining outages are in regions that experienced the most extensive storm damage, including Erie, Genesee, Monroe, Orleans and Niagara counties in western New York, and Jefferson, Lewis and St. Lawrence counties in northern New York.

“Our crews are in these regions continuing the hand-to-hand combat of cleanup, reconstruction and restoration. We understand the inconvenience of being without power and will continue to restore service hour by hour.”

The company is providing the following regional estimated times of restoration for customers who remain without service after the weekend storm. Power is being consistently restored to customers in these regions and ETRs are updated on the company’s Outage Central site. Additionally, customers can check on the power restoration estimate for their specific address by logging into our Report or Check an Outage page.

Northern New York: 95% of storm-related outages have been restored. Remaining single customer outages and isolated pockets of customers in the most severely impacted areas will be restored through the overnight hours and into Tuesday.

Western New York

• Southwest Region, including Chautauqua, Cattaraugus and Allegany counties: Any

  remaining storm-related outages will be restored by midnight tonight.

• Frontier Region, including Erie and Niagara counties: Restoration is expected to be

  complete by midnight tonight, with single customer outages and isolated pockets of customers in the most severely impacted areas being restored through the overnight hours and into Tuesday.

• Genesee Region, including Genesee, Orleans and Monroe counties: This region experienced the most extensive storm damage. Crews are in the field restoring service hour by hour and 95% of customers in these areas will have service restored by 5 p.m. Tuesday, with the remaining customers in the hardest-hit communities seeing power restored through Tuesday evening.

Customers who remain without power when their neighbors have been restored are encouraged to call National Grid at 1-800-867-5222.

Once restoration has been completed, National Grid crews will remain in the field for the days that follow to complete storm cleanup. The company reminds motorists to use caution as they approach work areas, to ensure the safety of utility and other storm-response personnel.

It looks as though, by default, the City of Batavia is welcoming the opportunity to host retail dispensaries and on-site consumption places as permitted by the New York Marijuana Regulation & Taxation Act.

City Council President Eugene Jankowski Jr., speaking at tonight’s Conference Meeting at City Hall Council Board Room, said that since the municipality “has no control over it,” then it would be prudent to opt in and “get the money (that cannabis sales would produce).”

The topic was brought up by city resident John Roach, who correctly noted that if a community doesn’t do anything (as far as a formal resolution), “you’re automatically in.”

State officials are requiring municipalities to state their intentions by Dec. 31. Towns, cities and villages that opt out are able to opt in at a later date, but those that opt in, can never opt out.

Jankowski and Council member Robert Bialkowski both said they have received “positive comments” about opting in. The former said that “people are advising me to get the tax money” and the latter stated that some people -- including adults -- enjoy using marijuana.

Questioned further following the meeting, Jankowski said his understanding was that there were two choices: “Do nothing and automatically opt in after December 31^st or do the resolution and opt out, and then I think there was recourse for the public to opt back in …”

The MRTA does stipulate that if a community opts out, residents could call for a public referendum to reverse that decision.

While many legislative bodies in cities, towns and villages across the state have discussed the matter in an open forum and drafted resolutions – or are in the process of doing so, City Council wasn’t one of them. Jankowski said none of his colleagues indicated a desire to bring the subject to a vote.

“Any council member could have easily brought it up and put it on the agenda but it just never came to the front because of a complaint by a citizen that adamant about wanting Council to do something about it,” he said. “The bottom line is I usually put my personal opinion to the side and I listen to the people I represent. And nobody from the city contacted me and was really passionate about it or concerned about opting out.”

Jankowski said he talked to many people over the past several months "and they basically told me they weren’t really happy about the way the state did it, but they understand the wisdom of getting any money from taxes."

"But we’re not even sure if anybody’s going to even open a business in the city," he added.

What's Up with the WWTP?

Roach also asked about the status of the City Waste Water Treatment Plant and the dispute with O-At-Ka Milk Products over the milk processing plant’s discharge into the ponds that exceeded legal limits.

City Attorney George Van Nest, offering no specifics, said engineers working with the city and New York State Department of Environmental Conservation officials are monitoring the recovery of the ponds with the goal of obtaining maximum efficiency.

In other developments, City Manager Rachael Tabelski reported:

• The city will recognize Gov. Kathy Hochul’s mask mandate “instead of checking vaccination status at the door.” The mandate runs through Jan. 15, 2022. “We’re awaiting the executive order to make it official,” she said.

• That 90 percent of the city’s National Grid customers now have power following Saturday’s major wind storm. She said that residents may place downed tree limbs next to the curb for pickup by Department of Public Works crews this week.

• The possibility of planting trees to replace those that have come down due to storms and other reasons. Jankowski noted that the city hasn’t planted trees in a long time and suggested planting some each year over a five-year period. Tabelski said that wouldn’t be possible with money from the general fund without raising property taxes. She did say that donations from businesses or residents are welcome.

• Two bids from contractors seeking to handle the Jackson Square renovation – one of the city’s Downtown Revitalization Initiative projects – came in “double the price that was anticipated.” Tabelski said she was hoping for a cost of around $650,000, but the submitted bids were for more than $1 million. She said the project will be re-bid and, as a result, the start of construction will be pushed back until August 2022.

• The city has hired Angie Dickson, a Corfu resident, as confidential secretary. The position had been vacant for several weeks after Lisa Casey left to become clerk of the Genesee County Legislature. Two DPW jobs are open – heavy equipment operator and laborer.

Tammy Schmidt received an enthusiastic endorsement from her predecessor tonight as she was sworn in as the Batavia City Council's Sixth Ward representative.

"I'm here on behalf of Tammy Schmidt, who will do an outstanding job for the Sixth Ward," said Rose Mary Christian, who stepped down last month after nearly 30 years as a city lawmaker. "She's articulate ... and certainly knows lthe budget process (as Schmidt works in the financial management field). I want to thank her for taking my position."

The appointment of Schmidt through the end of next year was reported first on The Batavian.

Photo: City Clerk/Treasurer Heidi Parker, right, swears in Tammy Schmidt as Rose Mary Christian and City Republican Committee Chair Rich Richmond look on. Schmidt was unanimously approved by City Council prior to the board's Conference and Business Meetings. Photo by Mike Pettinella.

Previously: Batavia City Council set to vote on appointment of Republican Tammy Schmidt as Sixth Ward representative