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Superintendent: My Brother's Keeper grant 'doesn't obligate the city for any services'

By Mike Pettinella

While pleased that the Batavia City Council voted to support the My Brother’s Keeper initiative designed to help boys and young men of color with their academic progress, Batavia City School District Superintendent Anibal Soler Jr. believes that some clarification about the program is warranted.

“Regarding the My Brother’s Keeper story (that was posted on The Batavian on Tuesday – the day following the City Council meeting where the measure was discussed at length before passage), I believe there was some unfamiliarity with what the grant was requiring and the tight timeline for submission to the New York State Education Department created some additional angst,” Soler said.

According to documents provided to Council members by Interim City Manager Rachael Tabelski, the school district came to the city, seeking a municipal partner in order to apply for the NYSED grant, with a Feb. 1 deadline being set for this year’s grant cycle.

Goals of the program, an extension of an initiative promoted by former President Barack Obama several years ago, include forging teacher/community relationships to address learning needs at every grade level; enhancing family relationships; creating a culturally diverse and engaging atmosphere for learning; and utilizing school, family and community to provide the best opportunities for academic, social and emotional growth.

As explained by Tabelski in a memo to City Council, the city’s role would include advertising the MBK program, providing public meeting room space, and providing mentors and homework assistance at the Liberty Center for Youth afterschool program.

Soler said he followed up with City Council President Eugene Jankowski Jr. after the meeting to “clarify any confusion or answer any additional questions he may have had, and thanked him for his support.”

“The MBK grant is supplemental funds to support the district's efforts on increasing the academic achievement and college and career readiness of boys and young men of color by sustaining effective relationships with families,” Soler said. “The grant doesn't obligate the city for any services; it just allows them to endorse and or partner in our efforts to pursue this funding opportunity and if we receive this grant we would be able to supplement any city efforts on family and community engagement.”

Jankowski, during Monday night’s meeting, said he was concerned about the last-minute timing of the grant and also about the cost to the city, especially considering that city officials are in the midst of developing the 2021-22 budget.

The city council president ultimately voted in favor of supporting MBK as did the other Council members in attendance, except for Rose Mary Christian, who said she was going to contact the Civil Liberties Union about the legality of an initiative that targeted a specific group.

When asked why he voted in favor of it, Jankowski said he believes the program has merit, but needed “to understand how this would impact our community, and there was a tight time deadline.”

“After doing some research, getting some answers during the Council meeting and the reassurance of Council Member Patti Pacino, a retired teacher, I felt comfortable voting yes,” he said.

When it was mentioned that it seemed to be something that the school district and Genesee County were negotiating over originally, Jankowski said he wasn’t sure of that, but is “hopeful that the city/school partnership for this program will turn out to be a positive one.”

Christian, contacted this morning, said she did call the CLU but did not receive a response.

“I just felt bad because they didn’t include girls,” she said. “It doesn’t matter what nationality they are or what heritage, it just didn’t include them. Like (Council Member) John Canale said, it’s for Hispanic, people of color, the Black community – that’s fine – but what about Caucasian?”

Christian said students across the cultural spectrum need help “and our teachers should be available to give as much help as possible to all that need it.”

Previously: Council members voice objections but vote to support My Brother's Keeper school initiative

Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Today 46 new positive cases of coronavirus were reported in Genesee County

By Press Release

Data Update –

  • Genesee County received 46 new positive cases of COVID-19.
    • The new positive cases reside in the:
      • West Region (Alabama, Darien, Pembroke)
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
      • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.  
  • Thirty-nine of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Correction: The following two cases previously identified as residents of the Leroy Village Green Residential Healthcare Facility were double counted and have been retracted from today’s data; A case in his/her 80s and a case in his/her 60s.
  • Twenty-one of the positive individuals are hospitalized.
  • One of the new positive cases is a resident of the Batavia VA Medical Center. 
  • One of the new positive cases is a resident of Premier Genesee. 
  • We are saddened to report the loss of two individuals over the age of 65 who were residents of the Leroy Village Green Residential Healthcare Facility. We do not provide any further information to protect the privacy of the individual and their family. Our deepest condolences to the families and friends during this very difficult time.
  • Correction: Two cases previously reported as residents of the Leroy Village Green Residential Healthcare Facility are community members and have been retracted from today’s data. 

 

Orleans County received eight new positive cases of COVID-19.  

  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s, 40s and 70s.
  • Two of the new positive individuals were on quarantine prior to testing positive.
  • Twenty of the previous positive individuals have recovered and have been removed from the isolation list.
  • Seven of the current positive individuals are hospitalized.
  • One of the new positive individuals is a resident at the Orchard Rehabilitation & Nursing Center.
  • We are very sad to report the COVID-related death of one of our county residents. The person was over 65. We will not be reporting any further information to protect the privacy of the individual and their family. We extend our deepest condolences to the family and friends of this individual at this very sad time.

Jacobs calls for reopening U.S.-Canadian border

By Press Release

Press release:

Congressman Chris Jacobs (NY-27) has joined a bipartisan group to call on the Biden Administration to work with the Canadian government to develop a cooperative plan to reduce cross-border travel restrictions.

“Reopening our Northern Border will have a direct impact on improving our local economy and allow for businesses and key industries relying on cross-border travelers to receive a much-needed boost,” Jacobs said.

“In addition to injecting needed dollars into our struggling local economy, opening the border is of great personal concern for family members who have been separated for almost a year and property owners who have been unable to maintain or even check on their homes.”

The letter, signed by 24 representatives including Rep. Jacobs and New York reps. Stefanik, Higgins, Katko, and Reed calls for the Biden Administration to develop a binational plan to cooperatively reopen the Northern Border and identifies five key actions that need to be taken:

  • Establish a Bilateral Plan for Restoring Travel – Both U.S. states and Canadian provinces have created extensive frameworks for reopening their respective economies based on public health metrics and criteria identified by public health experts. While these have guided reopening decisions in their respective territories, the U.S. and Canadian governments have yet to work collaboratively to use their existing frameworks to develop guidance for reopening the U.S. – Canadian border.
  • Prioritize Vaccines and Testing for All CBP Staff – Agents and staff of U.S. Customs and Border Protection (CBP) work on the frontlines to protect American interests and citizens. We need to ensure they have a continued supply of necessary PPE and that eligibility for vaccinations is expanded beyond its current level of only personnel within a 200-mile radius of a Veterans Affairs hospital.
  • Allow for Families to Safely Reunite – Since the travel restrictions were first implemented, Canada has expanded exemptions to allow family members and extended family members to enter Canada. However, the United States has yet to offer a similar procedure for land border crossings.
  • Develop a Policy for Property Owners – Individuals who own property in Canada have been unable to travel by car to their homes to conduct maintenance and collect necessary belongings, despite the ability to implement safe procedures such as a negative COVID-19 test before traveling and implementing quarantine guidance.
  • Ensure Reciprocal Access to Transit through Boundary Waters – During the coronavirus pandemic, Canadian boaters and boat tour operators have enjoyed access to U.S. waters so long as they did not dock at a U.S. port. U.S. boaters have not had the same reciprocal treatment from Canadian authorities. This has particularly harmed the U.S. boat tour industry, which has been unable to conduct unrestricted tours resulting in lost revenues.

“The Biden Administration has indicated through an executive order that they are pursuing a plan to open the U.S. – Canadian Border safely. I urge them to work collaboratively with the Canadian government to develop an actionable plan that puts a stop to the endlessly extended travel restrictions and uncertainty for thousands of businesses, cross-border families, and American homeowners,” Jacobs said.

City schools to explore returning students to the Robert Morris building

By Howard B. Owens

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.

High school seniors from farm families invited to apply for ag scholarship

By Press Release

Press release:

New York high school seniors who are graduating and interested in pursuing a career in agriculture can apply for New York Farm Bureau’s Agricultural Youth Scholarship.

Statewide winners can earn up to $1,500 toward their future education.

The applicant or their family must be a New York Farm Bureau member, and the student must live and/or work on a farm in the state. The student must also complete the application, which includes writing an essay addressing an issue facing agriculture in their county and how Farm Bureau may support its members in addressing it. 

Scoring will determine both county and district winners and may include a personal interview.

Each district winner will receive $100 and then compete for one of three state scholarships worth $1,500, $1,200 and $1,000, based on their submitted applications. The judging will take place prior to April 20.  

For more information, including the application, go to New York Farm Bureau’s website at nyfb.org. The scholarship information can be found under “Promotion and Education” in the programs section of the website.

You can also call the New York Farm Bureau office at 1-800-342-4143. Completed application packets must be returned to New York Farm Bureau in Albany with a March 1 postmark deadline or via email to pdugan@nyfb.org.

County holds free COVID-19 testing clinic Tuesday -- must preregister

By Press Release

From Vicky Muckle, executive assistant to the county manager:

Genesee County will hold a free COVID-19 Testing Clinic for Genesee County residents on Tuesday, Feb. 2, at the Fire Training Center, 7690 State Street Road, Batavia.

Time is 1 to 3 p.m.

There are 309 appointments available: 

Here's the link to register.

Phone: (585) 344-2580

Senators push to restore full SALT deduction on federal income tax returns, nixing $10K cap

By Press Release

Press release:

Today, U.S Senate Majority Leader Charles Schumer and U.S. Senator Kirsten Gillibrand introduced legislation in the new Congress to eliminate the $10,000 cap on the State and Local Tax (SALT) deduction starting in 2021.

The proposal would allow taxpayers to fully deduct their state and local taxes on their federal income returns. In 2017, the deduction was capped at $10,000 and resulted in a tax increase for many middle-class families.

“When it comes to SALT, New York families needed and deserved this money before the coronavirus took hold, the stakes are even higher now because the cap is costing this community tens-of-thousands of dollars they could be using amid the crisis,” Senator Schumer said.

“That is why I am proud to be leading this legislation to restore our full SALT deduction. Double taxing hardworking homeowners is plainly unfair; We need to bring our federal dollars back home to the to cushion the blow this virus—and this harmful SALT cap—has dealt so many homeowners and families locally.

“I am proud to join my colleagues to introduce legislation to repeal the cap on the State and Local Tax deduction, a cynical policy passed by Republicans as a way to repay wealthy donors and lobbyists with big corporate tax cuts,” Senator Gillibrand said.

“The reinstating of the SALT Deduction will ensure that New York families have more money in their pockets, get much-needed tax relief and will once again be treated fairly.”

Schumer and Gillibrand pointed to the following reasons for why the SALT deduction is unfair to New Yorkers:

  • New Yorkers already subsidize other states by paying $36-45 billion more in taxes than we receive back from the federal government;
  • The repeal of the SALT deduction results in double taxation by imposing federal taxes on the income used to pay state and local taxes;
  • The elimination of the deduction drives wealthier people to other states and leaves middle- and lower-income taxpayers holding the bag to pay for school, police and other essential state and local tax burdens.

A breakdown of data from 2017 shows just how critical the full deduction was to New York homeowners. In the 27th Congressional District, for example, 33 percent of taxpayers used the SALT deduction that year, and the average deduction was for $14,096. In Genesee County, a total of 6,840 households claimed the SALT deduction and the average deduction amounted to $10,156. Countywide, 94 percent middle-income taxpayers were beneficiaries of the SALT deduction.

Across Upstate New York, the average SALT deduction was more than $13,000 across more than 1.2 million households.

Under the pre-Trump tax code, taxpayers who itemized deductions on their federal income tax returns could deduct state and local real estate and personal property taxes, as well as either income taxes or general sales taxes.

State and local income and real estate taxes had made up approximately 60 percent of local and state tax deductions, while sales tax and personal property taxes made up the remainder. According to the Tax Policy Center, approximately one-third of tax filers had itemized deductions on their federal income tax returns.

Hawley demands hearing after probe reveals state health officials underreported COVID-19 deaths in nursing homes

By Press Release

Press release:

Assemblyman Steve Hawley is demanding a legislative hearing regarding the handling of the coronavirus pandemic within New York state’s nursing homes by the Department of Health, as well as the revocation of the Governor’s emergency powers, following a report from the state Attorney General’s Office that the department underreported nursing home deaths related to COVID-19 by as much as 50 percent.

The report also revealed that residents and staff were not provided with sufficient amounts of PPE (personal protective equipment) and COVID-19 tests, and that many nursing homes were not complying with an executive order requiring communication with family members of residents.

“What was revealed in today’s report from the Attorney General is nothing short of tragic, and, at this point, I consider it a moral obligation to hold hearings into this matter so we can get to the bottom of what caused this unfathomable tragedy,” Hawley said.

“I am shocked we are only learning today of the magnitude of this unthinkable loss of life, and I am resolved to restoring proper and constitutional government in our state to ensure the Legislature has the oversight capability to assure this never happens again.”

Two organizations submit proposals to provide youth services to the City of Batavia

By Mike Pettinella

The City of Batavia has received two responses to its request for proposal for agencies interested in providing youth services to the municipality.

Interim Manager Rachael Tabelski, speaking at Thursday night's City of Batavia Youth Board meeting via Zoom videoconferencing, said one firm scored an average of 90 and the other scored an average of 75. Scoring was done by Tabelski, members of the youth board and other persons named to the selection team.

A third firm responded with a no-bid letter stating that it did not wish to bid.

Tabelski shared this information with Youth Board members David Twichell, Paula Fischer and Lydia Schauf and City Council liaison Al McGinnis before continuing with the RFP discussion in executive session – without The Batavian reporter in attendance.

It was expected that the Youth Board would meet in the next week or so to interview one or both of the organizations that indicated responded favorably.

Tabelski did get back to The Batavian following the meeting last night.

“The plan going forward may include interviews (of one or both of the candidates) and for the measure to be put on a Council agenda to explain why the selection committee has rated a particular firm as the highest,” she said.

She would not disclose the names of the two organizations in the running, but said that the agenda of City Council’s Feb. 22 Conference Meeting “potentially” could include the youth services RFP item.

As an historical note, the Liberty Center for Youth opened in August 2019 as a joint venture of the City Youth Bureau and Genesee Area Family YMCA and the subsequent daily operation (before it was closed due to COVID-19) was being split 50/50 by the City Youth Bureau and YMCA.

The RFP was drafted by Jocelyn Sikorski, the former county/city youth bureau executive director, before she left the position to take the executive director job with Cornell Cooperative Extension. It was sent out on Dec. 1 to local organizations that may wish to contract with the city for the 2021-22 fiscal year that begins on April 1.

The city’s primary youth services are an afterschool program at the Liberty Center for Youth on the City Church St. Anthony’s campus and a summer recreation program, but it does participate in other activities, including those coordinated by Genesee County.

Fischer reiterated the youth board’s position that the city’s agreement with the county to share the cost of an executive director should be dissolved in light of Sikorski’s departure, the city’s budget situation and the county possibly looking to make changes to the way it delivers youth services.

It was noted that the county has not billed the city for youth services during the first quarter of this year and that the city has not requested any services from the county.

Twichell asked McGinnis if City Council understood that the youth board recommended ending the contract with the county, but Tabelski said dissolution of contracts was a responsibility of the city manager’s office, and ultimately it would be decided by City Council.

Fischer mentioned that the reason the city contracted with the county because, at the time, it was required by the state.

“Shared services were a big thing being pushed by the governor and it made sense to share that position and get the state funding – and save the city money in the process,” she said. “But in 2017, we no longer needed to have that position to get the state funding.”

In other developments, the board:

  • Welcomed Schauf, a former city youth bureau employee, to the committee for a term extending to Dec. 31, 2023. Schauf said she would be contacting Chelsea Elliott, the county’s deputy youth bureau executive director, about the youth board’s intention to participate in the annual Youth Awards Banquet, usually held in April.
  • Put out a call to enlist other community members to join the committee, noting that its bylaws call for 11 members with no fewer than five seats for adults. Currently, there are only four citizen representatives on the youth board.
  • Scheduled its next regular meeting for 6 p.m. Feb. 16 as long as space at City Hall is available as the consensus was to have an in-person meeting. The agenda for that meeting will include the appointment of officers and a review of the bylaws.

Previously:  Youth Board backs RFP for possible outsourcing, but wants city to keep in-house program 'on the table'

Sheriff reports death of inmate who hung self in jail on Jan. 4

By Howard B. Owens

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.

Today 36 new positive COVID-19 cases are reported in Genesee County

By Press Release

Data Update –

  • Genesee County received 36 new positive cases of COVID-19.
    • The new positive cases reside in the:
      • West Region (Alabama, Darien, Pembroke)
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
      • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.  
  • Twenty-seven of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Twenty of the positive individuals are hospitalized.
  • One of the new positive cases is a resident of the Batavia VA Medical Center. 
  • One of the new positive case is a resident of the New York State Veterans Home at Batavia. 
  • We are saddened to report the loss of an individual over the age of 65 who was a resident at the Leroy Village Green Residential Healthcare Facility. We do not provide any further information to protect the privacy of the individual and their family. Our deepest condolences to the family and friends during this very difficult time.

 

Orleans County received 33 new positive cases of COVID-19.  

  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s, 40s, 50s, 60s, 70s, 80s and 90s.
  • Five of the new positive individuals were on quarantine prior to testing positive.
  • Eleven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Eleven of the current positive individuals are hospitalized.
  • Twelve of the new positive individuals are residents at the Orchard Rehabilitation & Nursing Center.

City schools trustees adopt new public comment policy in light of recommendations from 1A attorney

By Howard B. Owens

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.”

HLOM returns to normal operating hours Tuesday

By Press Release

The Holland Land Office Museum will be returning to its normal operating hours beginning Tuesday, Feb. 2nd.

The museum will again be open on Tuesdays.

The museum will be open Tuesdays through Saturdays from 10 a.m. to 4 p.m.

For any questions or further information please contact the museum at (585) 343-4727 or hollandlandoffice@gmail.com.

Schumer pitches top brass at Samsung on shovel-ready STAMP site for new semiconductor plant

By Press Release

Press release:

U.S. Senate Majority Leader Charles E. Schumer yesterday (Jan. 27) followed up on his efforts to secure a provision in the FY2021 National Defense Authorization Act to boost American-based semiconductor manufacturing by reaching out directly to Samsung, which is interested in possibly locating their new plant in Genesee County.

He called Senior Vice President of Samsung Device Solutions Joe Herr and other top brass about the Genesee Science and Technology Advanced Manufacturing Park -- STAMP -- in Alabama and expressed his strong support for the project coming to Western New York.

Samsung is currently considering the STAMP campus, as well as several other locations in other states, for its semiconductor fabrication (“fab”) plant – with 1,900 jobs – that the company plans to open late next year. Samsung’s Device Solutions division includes Samsung’s Global Semiconductor Foundry business. 

“This Samsung project is an exciting and a potential game changer for the region," Schumer said. "I made it clear to Samsung that I strongly support locating their planned 1,900 worker state-of-the-art semiconductor chip fab at the shovel-ready STAMP site in Genesee County. I know firsthand that STAMP is shovel-ready – and that, combined with Upstate New York’s robust semiconductor industry, make Genesee the perfect location for Samsung’s new chip fab.

World-class WNY Workforce

"Our world-class Western New York workforce combined with New York’s considerable experience in semiconductor manufacturing and R&D means STAMP is tailor-made to be the home for Samsung’s new facility. I stand ready to help Samsung harness all that the federal government has to offer to continue to lead the tech industry and position New York as a global hub of semiconductor manufacturing.

“When I stood at STAMP in August to announce my proposal to create the first-ever new federal semiconductor manufacturing and R&D incentives program, I said it could put sites like Western New York’s STAMP in contention for landing a new semiconductor manufacturing plant and the thousands of new jobs that come with it.

"This game-changer proposal passed into law last month and already companies like Samsung are considering STAMP for a 1,900 job chip fab plant, partly because of this new federal initiative. Now, I will work to secure this federal investment and offer my all-out support and advocacy in helping STAMP compete for this multi-billion-dollar plant.” 

Schumer has long championed the Genesee site and toured STAMP in August, and knows firsthand how ideal the campus would be as home for Samsung’s new chip fab. Schumer explained to Samsung that he, alongside the Genesee County Economic Development Center (GCECC), New York State, and Western New York officials, worked for a decade to help ensure that it was shovel-ready for a semiconductor facility.

WNY Offers: Low Utility Costs, Transportation Networks, Supplies Access, Brain Power

“The STAMP campus, sitting on 1,250 acres of land between Buffalo and Rochester, New York’s second and third largest metros, respectively, with a 1.2 million person world-class workforce, is specifically designed for large-scale fabs and provides maximum flexibility in layout and infrastructure connections,” Schumer said.

"Additionally, the senator pointed out many cost and infrastructure advantages to the STAMP campus location, including low utility costs, access to existing transportation networks, access to New York state’s existing chip fab supply chain ecosystem, and 62 colleges, universities, and community colleges within a two-hour drive of the site including Cornell University, University at Buffalo, Rochester Institute of Technology, University of Rochester, Genesee Community College.

Schumer said Samsung is relying on his legislation to building new fabs like this one in the United States. In fact, Schumer pointed out, the United States has gone from producing 24 percent of the world’s semiconductors in 2000, to just 12 percent while China, by comparison, has gone from producing zero chips to 16 percent of the world’s supply because the United States is not matching the investments that other competing nations are making in order to land new job-creating semiconductor chip fabs.

The senator's first-ever legislation will reverse this imbalance and level the playing field for companies like Samsung to build new chip fabs in the United States. For the first-time Schumer’s legislation will provide federal incentives to semiconductor chip fabs to build in the United States.

U.S. Reliance on Foreign-made Microelectronics Could Pose 'Huge Risks'

Upon passage of his legislation last month in the FY2021 National Defense Authorization Act Schumer said his legislation is vital. He noted that even though the United States revolutionized the microelectronic industry and invented nearly all of the key technology used to this day, by 2030, non-U.S. competitors are projected to control 83 percent of the global semiconductor manufacturing supply while domestic production could be less than 10 percent, threatening U.S. reliance on foreign-made microelectronics, which could pose huge risks to U.S. national and economic security.

In a recent meeting with the Commerce Secretary nominee, Governor Gina Raimondo, Schumer raised the urgent need to fully fund and implement the new Commerce semiconductor manufacturing grant program he passed into law as part of last year’s defense authorization, pointing to this Samsung investment as an example for why these federal incentives are such a high priority. Federal incentives are critical to the United States successfully competing with other countries, including China, for new semiconductor manufacturing investment like the proposed Samsung facility.

Schumer, in addition to paving the way for future federal incentives for investment into domestic semiconductor manufacturing previously brought STAMP to the attention of the Department of Defense, urging the agency to work with the semiconductor industry to expand the domestic supply of chips and other microelectronics.

STAMP is Made Specifically for What Samsung Needs

STAMP is specifically designed for development of large-scale semiconductor manufacturing. The 1,250 acre mega site can accommodate large advanced manufacturing operations with its expansive space for several plants.

Schumer has also previously lobbied the Board of Directors of the Semiconductor Industry Association (SIA) to put STAMP on their map and pitched SIA’s 18 semiconductor industry CEOs to look to expand their operations in Upstate New York at sites like STAMP in Genesee County.

In 2017 Schumer helped secure Federal Energy Regulatory Commission (FERC) approval of Empire Pipeline Inc.’s revised and extended PILOT agreement with Genesee County, the proceeds of which were needed to finance new water infrastructure at STAMP.

In 2016 Schumer began assisting STAMP secure necessary U.S. Fish and Wildlife right-of-way permits to construct new infrastructure hook-ups to STAMP. In 2012, Schumer successfully advocated on behalf of STAMP by calling on the U.S. Army Corps of Engineers to provide necessary wetlands permit assurances so that STAMP's developers could proceed with developing the site.

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