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To trick-or-treat or not to trick-or-treat? That seems to be the question on the minds of a lot of families in Batavia as our first pandemic-era Halloween approaches.

Councilman Bob Bialkowski said he's received calls from residents wondering if the city will permit traditional Halloween activities and he said there are even residents concerned that if they don't leave a light on for young ghosts and ghouls their houses might be targeted for vandalism.

Interim City Manager Rachel Tabelski said after reviewing information from the Centers for Disease Control (CDC), including a chart she said shows Genesee County as one of the few counties in the area the CDC has marked safe for trick-or-treating, she sees no reason right now to cancel Halloween in the city.

She said residents should be informed of the CDC's guidelines, which include:

• Avoid direct contact with trick-or-treaters.
• Give out treats outdoors, if possible.
• Set up a station with individually bagged treats for kids to take.
• Wash hands before handling treats.
• Wear a mask.

Tabelski suggested residents who want to hand out treats, not have trick-or-treaters come to their door but instead meet them one at a time on their sidewalk.

"We are not banning trick-or-treat unless the county or state come down and ask us to ban it," Tabelski said. "We think it's a great idea for parents and residents to be informed to help them feel safe."

She said she didn't anticipate any trouble for residents who choose to turn off their porch light and not participate.

"I think people understand some people may not feel comfortable opening their doors," Tabelski said.

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When the coronavirus pandemic first hit Genesee County, the revenue outlook for the City of Batavia was pretty bleak -- a projected $2.4 million in losses because of an anticipated 30-percent decrease in economic activity.

As it turns out, sales tax revenue in the county is down only 4 percent, Interim City Manager Rachel Tabelski informed the City Council on Tuesday night.

The city also received an 80-percent payment from the state for video lottery terminal (VTL) revenue from Batavia Downs.

Better news but not necessarily good news. There's still a shortage in revenue of $793,000.

"While we still have many freezes and cuts to the departments, we are weathering the storm well of comfort," Tabelski said.

City department managers continue to work to control costs, making cuts in purchasing in vehicles, equipment and supplies, deferring what they can, and some departments are still under a hiring freeze. Those cost-saving measures are projected to save $611,000.

Whether those cuts are for the long term is yet to be seen.

"That's definitely hard to predict," Tabelski said. "We have rising contractual costs of employees coming into next year's budget and we still have New York State's 2 percent property tax cap that we try to look at and maintain, and stay within if we possibly can. The hope is that as we get closer and closer to the next quarter of sales tax collection, we'll have a better revenue picture and we'll be able to tell if we have a better budget outlook to present to Council in January."

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Update 11 a.m. with comments from Legislature Chair Rochelle Stein:

"We can gladly say that this is good news for the people in our county's towns and villages and City of Batavia. As the calendar moves on, there were key factors that we had to understand before we could determine (the amount to be distributed). The taxpayers are the ones who will benefit as they are the most important people in this entire conversation. It shows that we can work collectively in a manner that can least harm our taxpayers."

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The Genesee County Legislature later today is expected to pass a pair of resolutions that will authorize the distribution to towns and villages of another $6 million in revenue to close out 2020 and $10 million in anticipated revenue for 2021.

“These are the dollar amounts that the legislature felt it could share for the rest of 2020 based on total revenues that come into the county, taking into consideration various lost revenues – state aid, sales tax and interest earnings,” County Manager Matt Landers said this morning.

Landers said the final round of $6 million in payments brings the 2020 total distribution to the county’s 13 towns and six villages to $12,179,543.

Looking ahead, the legislature’s intention to provide $10 million in revenue distribution for next year is welcome news to the municipalities, especially the town boards that are in the process of finalizing their budgets for their 2021 fiscal year that begins in January.

For villages, the 2021 distributions will help in crafting budgets for 2021-22 as their fiscal years run from June 1 through May 31, except for Alexander, which runs from April 1 through March 31.

The $10 million is more than what Landers called “a conservative estimate” of $8 million that the legislature projected in early September – but still less than the $14 million originally budgeted prior to the COVID-19 pandemic.

“Initially, we didn’t want to project a number that we couldn’t provide, and after another month or so of reviewing the data and reviewing where our revenues are coming in, the legislature felt comfortable increasing that $8 million estimate to $10 million,” Landers said.

Revenues are determined by a formula that takes into account the municipality's taxable assessed value and equalization rates.

Following are the dollar amounts (total of $6 million) that represent the final payments for 2020:

TOWNS

• Alabama, $237,321;
• Alexander, $245,122;
• Batavia, $1,025,995;
• Bergen, $296,990;
• Bethany, $246,247;
• Byron, $284,878;
• Darien, $593,614;
• Elba, $221,624;
• Le Roy, $495,998;
• Oakfield, $183,392;
• Pavilion, $327,483;
• Pembroke, $600,149;
• Stafford, $379,168.

VILLAGES

• Alexander, $44,197;
• Bergen, $113,589;
• Corfu, $80,543;
• Elba, $64,499;
• Le Roy, $435,583;
• Oakfield, $123,609.

Following are the dollar amounts (total of $10 million) that represent full payments for 2021:

TOWNS

• Alabama, $408,817;
• Alexander, $399,714;
• Batavia, $1,692,733;
• Bergen, $510,034;
• Bethany, $410,123;
• Byron, $462,932;
• Darien, $973,751;
• Elba, $361,341
• Le Roy, $824,606;
• Oakfield, $300,052
• Pavilion, $544,694
• Pembroke, $1,023,383;
• Stafford, $651,846.

VILLAGES

• Alexander, $71,208;
• Bergen, $199,528;
• Corfu, $138,044;
• Elba, $106,922;
• Le Roy, $720,318;
• Oakfield, $199,954.

The full legislature meeting is set for 5:30 p.m. at the Old County Courthouse and will be followed by an informational meeting to set the timeline of the Genesee County Police Reform and Reinvention Collaborative at 7 p.m.

In another development, the county’s Information Technology department has been working since Tuesday morning to restore phone, financial management and email networks to full efficiency. Officials have been unable to use email and getting through by telephone has been hit-and-miss.

Press release:

Due to the Columbus Day holiday, both the Genesee and Orleans County health departments were closed yesterday. There were no map, website or media updates over the weekend or on Monday. Updates were supposed to resume today, Oct. 13, but technology issues got in the way.

Stay safe, stay distanced and wear your masks to continue to slow the spread. Thank you for your understanding.
 

New Cases – As of 2 p.m. 

• Genesee County -- due to technology/internet issues, we do not have an update for Genesee County. Those numbers will be updated tomorrow. We apologize for the inconvenience.
•  
• Orleans County received 11 new positive case of COVID-19.
• The new positive cases reside in Albion, Shelby, Carlton, Barre, Yates.
• The individuals are in their 0-19 years, 20s, 30s and 50s. 
• Five of the individuals were on mandatory quarantine when they tested positive. Six of the individuals were not on mandatory quarantine prior to testing positive.
• Ten new individuals are on precautionary quarantine due to travel from restricted states.

Submitted photos and story.

Last week, Jackson Primary and John Kennedy School participated in Fire Prevention Week.

Captain Greg Ireland, of the Batavia Fire Department, read a book and made informational videos that educated students about fire hazards and why it is important to stay safe in an emergency.

Students participated in a coloring contest where the winners received a grab bag and a picture with the BFD. Students also learned why fire prevention is so important. Jackson Primary students had the chance to Google Meet with students from John Kennedy where they shared information they learned about fire safety. 

On Oct. 6th and 7th, students from the two schools had the opportunity to see a real fire truck. They watched the firemen explain how the fire truck works and had the opportunity to see their gear and tools.

The students also donated a dalmatian mascot with the name J.K. Jackson to keep at the firehouse to remember how important and valuable their partnership with the Batavia Fire Department is.

The Batavia City School District has created an executive director of operations position as part of a reshuffling of jobs that has reduced the number of employees on its administrative leadership team.

“It’s important for people to know that we didn’t grow our administration,” Superintendent Anibal Soler Jr. said today while reporting that he was able to shift staff members to reduce the number of administrators from 19 to 16 and save the district around $70,000.

Soler said that two of the job changes affected last year’s budget and one took effect in the current year’s budget.

“I really didn’t understand why we had 19, and the reality is that we only have half of our kids coming every other day,” he said. “So, some of that need isn’t there.”

He emphasized, however, that the school district is one of the largest employers in Genesee County and should have a human resources manager, which is a key component of the executive director of operations position.

“For us not to have an in-house person in charge of human resources – personnel and benefits – was not good,” he said. “We created that position … and just made some moves internally.”

Trisha Finnegan, formerly the director of Special & Alternative Education, was appointed as executive director of Operations.

The rest of the current administrative team at the Batavia City School District is as follows:

• Superintendent Anibal Soler Jr.;
• Business Administrator Scott Rozanski;
• Molly Corey, executive director of Curriculum & Instruction;
• Jason DeGraff, director of Facilities;
• Amanda Cook, director of Special & Alternative Education;
• Michael Bromley, director of Health, Physical Education and Interscholastic Athletics;
• Paul Kesler, Batavia High School principal;
• Nate Korzelius, Batavia High School assistant principal;
• Julia Rogers, Batavia High School assistant principal;
• Ashley John Grillo, Batavia Middle School principal;
• Lindsey Leone, Batavia Middle School assistant principal;
• Bernadette Krumpek, Batavia Middle School assistant principal;
• Brian Sutton, John Kennedy Intermediate School principal;
• Maureen Notaro, Jackson Primary School principal;
• Jeffrey McKinney, John Kennedy and Jackson assistant principal.

A Darien man’s love of aircraft and dedication to aviation history has placed him in the center of a restoration project at the National Warplane Museum in Geneseo.

Mike Foss grew up on a farm near Darien, where at the age of 5 he used to stand outside and wave to the C-130s when they flew over. When the pilots spotted the boy, they would dip their wings to him. 

As he grew up, the C-130 became his favorite airplane. Last year at an aviation event, he actually met one of those pilots who dipped his wings at the little boy.

But his mission now, after joining the National Warplane Museum several years ago, is to be actively involved in the restoration of an historic C-130A Hercules, which has been awarded to the warplane museum by the Smithsonian National Air and Space Museum in Washington, D.C.

“I love C-130s,” Foss said. “They are an incredible plane, and to think (that) this (type of plane) is still flying is incredible.”

Initially, there were only three people working on restoration of the plane, because of the COVID-19 pandemic. But in June others were brought on board and now the crew has seven members, Foss said.

The plane will be revamped to showcase museum pieces; it will never fly again, according to Foss.

'Saigon Lady' Restoration to be Centerpiece of Geneseo's Vietnam War Memorial

The plane will be the centerpiece of a Vietnam Veterans Memorial being developed at the Warplane Museum, with guidance from Barry Culhane, of Rochester. Culhane was also instrumental in construction of a Vietnam Veterans Memorial in Rochester, which honors Vietnam veterans from all of Western New York, including Genesee County. 

The museum’s recently acquired C-130, nicknamed “Saigon Lady,” will help the Warplane Museum tell the stories of veterans who served in Vietnam during the war and the Southeast Asian Americans who built a new life for their families in America.

This memorial will be one of the first of its kind in the United States, according to information from the National Warplane Museum.

“Saigon Lady” has a unique history. It was the last military cargo plane to fly out of Saigon on April 3, 1975, before the city fell to the North Vietnamese. Its pilot, Lt. Pham Quang Khiem, was able to fly his family of 10, along with more than 50 refugees, to Singapore and eventual freedom for them in the United States.

On Wednesday afternoon, Khiem and his family, who now live in Ohio, visited the National Warplane Museum, where a special ceremony took place.

Meeting the Artist Who Painted 'Saigon Lady' Portrait

Khiem got to meet the artist who painted a portrait named "Saigon Lady," Carol Culhane, of Albion. Culhane, whose husband, Gerald, is a Vietnam veteran, has dedicated much of her work to veterans. She also did artwork for Barry Culhane and the Vietnam Veterans Memorial in Rochester.

She is well-known throughout the Batavia area for her paintings done for Ducks Unlimited members, including the late John O’Brien. Most of O’Brien’s vehicles were adorned with scenes of ducks and dogs painted by Culhane. She also donated her talent for a mural at Justice for Children in Batavia. She is planning to do a portrait of Khiem for his family as well. 

Wednesday’s ceremony included an introduction by the Warplane Museum’s volunteer Larry Jones, and museum founder Austin Wadsworth.

Jones told the small crowd, “If you like history and if you like airplanes, this is the place to be.”

What makes Saigon Lady so remarkable is the story behind it, Jones said.

Remarkable Story of an Iconic Aircraft

“This plane is an icon from 1972 – 1975 in Vietnam,” he said. “It is a story of defense and courage and the vision of the museum’s Don Wilson and Ray Ingram who learned the Smithsonian was about to release some of its aircraft, and set to work to acquire this plane.

The C-130 Saigon Lady was, until recently, part of the Smithsonian’s collection. 

First, history of the C-130 provided by the Warplane Museum states the "Hercs," as they were known, were a valuable asset to the Vietnamese Air Force. The Lockheed-made aircraft were the largest and heaviest load-carrying aircraft in the VNAF inventory.

As the enemy advanced southward, the C-130s were used in the evacuation of northern cities. At 11 p.m. on the night before Da Nang fell to the enemy, Khiem and his squadron flew one of the last resupply missions into the city. 

“As soon as we landed and taxied to the ramp, an Army Republic of Vietnam major jumped into the aircraft to assure himself of a seat. I knew that thousands of people in the terminal would rush the airplane after seeing this, so I kicked him off.

"As it was, the ramp was filled with refugees almost immediately anyway. I shouted to them to let me offload my 20,000 pounds of cargo and then I could take about 200 of them. As soon as the cargo was off the plane, people rushed on and we couldn’t stop them.

Overloaded Plane Bound for Freedom

“The loadmaster called on the intercom and said he could not close the ramp because of the people on it,” Khiem said. “I told him to hang on, then hit the brakes. That jammed them in tight enough to allow him to close the ramp. I had to jump on the brakes three times.

"As soon as we got to cruising altitude, I got out of my seat to take a look back in the cabin. There were people hanging on the paratroop static line cables and no one was sitting down. When we offloaded at Tan Son Nhut, we did an actual head count of 350 people.”

The aircraft was designed to carry 90 people. (Some sources say when maximized, it can accommodate up to 128 people.) 

“The flight and panic I saw in Da Nang got me to thinking it looks like the same thing is going to happen in Saigon. I will have to take a C-130 and get my family out.”

Khiem is quick to explain he did not intend to “steal” an aircraft, just borrow it.

Some of the C-130s flew bombing missions to destroy aircraft left behind. The C-130s were loaded with 55-gallon drums of gasoline or napalm and then dropped on VNAF aircraft abandoned on the ramps.

On April 2, 1975, Khiem hitched a ride into Phan Rang on a C-130, hoping to locate his younger brother, who was an airman in the headquarters there. He had hoped to take him back to Saigon to be with the rest of family, but Khiem could not locate him. 

“We were lucky though,” Khiem said. “He showed up at my parents’ home in Saigon five minutes before our escape. On the flight back to Saigon, I thought to myself, ‘If Phan Rang is lost, it won’t be long before the Communists are in Saigon.’ It was time to plan my escape.”

There was a lot of talk among other pilots of stealing a C-130 and getting their families out. But Khiem never said a word about it to anyone in his squadron. 

“Headquarters must have considered the possibility of that happening, though, because they ordered the airplanes to be fueled with only enough gas to accomplish their missions. If you were going to Phan Rang, they gave you just enough gas, plus a small reserve, to get there. You would have to refuel there in order to get back to Saigon.”

Khiem realized a problem would be finding someone to help him escape.

A Little Help from Friends

“One of my best friends, Major Nguyen Huu Canh, was in the VNAF in our sister squadron. We had been friends a long time and we discussed the possibility of getting out. I knew once a pilot managed to steal an airplane and escape, the VNAF would tighten security, making further escapes impossible. I told my friend if we are not number one to escape, there will never be number two.”

The Major’s family was in DaLat and he wanted to get them to Saigon. But on April 2, DaLat was overrun by the communists and he lost contact with them. After that, he was willing to go along with anything Khiem planned.

“On April 3, all the C-130s were used on bombing missions. I was number one standby on the mission, but I needed time to tell my family what I had planned. I went to the Squadron Operations officer and told him I didn’t feel good, so he agreed to drop me to the bottom of the list.

"That gave me a chance to run home for lunch. I took my brother aside and told him what I had planned. I asked him to take charge of the family and keep them close to home.

“If they heard from me, they were to go immediately to the Long Thanh Airport, which was about 17 miles southeast of Saigon. Long Thanh was a former U.S. Army airbase, on which I had landed several times during training. It had been closed since the U.S. withdrawal in 1973 and was deserted.

Leaving Immediately with Luck on Our Side

“When I got back to the airport, I waited for something to happen. At 3 o’clock, my friend Major Canh called to say he had been assigned to a food resupply mission to Phan Rang. Actually, another pilot had been assigned to the mission, but he complained he had already flown two missions that day and was tired, so my friend volunteered to take his place. I ran home and told my family to leave for Long Thanh immediately.

“But we had another problem. Since we were in different squadrons, we would not ordinarily fly together. In fact, I could not even get into his squadron area.

“Once again we were lucky. The airplane he was supposed to take had mechanical problems and his squadron borrowed one of our airplanes – Hercules CF 460 (Saigon Lady). I met him at the airplane. Now the problem was getting rid of his copilot.

"We told him that I would be glad to take his place in order to fly with my friend, and to look for my missing brother. He was only too happy to take the rest of the day off, especially since he had a date. I warned him not to go back to the squadron since they might not like our switching places without authorization.

“These missions had become so routine that we could take off within minutes, and that created another problem for my plan. The 17 miles to Long Thanh was on a rough country road and I knew my family could not get there before 4 p.m. I also knew once we took off, timing would be essential.

"We couldn’t land at Long Thanh and wait around for them to show up. A C-130 landing on an abandoned airstrip would raise an alarm, and the rest of the crew would know right away what we were doing.

“I had to delay takeoff somehow, so I made sure I got to the airplane before the flight engineer. I pulled several circuit breakers that would not normally pop by themselves, and I knew they would be hard to spot. The flight engineer finally spotted the popped breakers and we cranked the engines at 3:30.

"I am sure the crew was wondering what had gotten into the pilot, since each checklist was read and reread thoroughly. I delayed as long as I could, but we were still rolling before 4 p.m.

One Shot at Escape

“In all my calculation about where we would go, the problem of fuel had always been on my mind. I did not think we would have more than an hour and a half of fuel on board, which would have only been enough to get us to Thailand, and that was not far enough to ensure our safety. But getting this airplane was an opportunity we could not pass up, no matter what the outcome. 

“The first thing I did when I got out to the airplane was flip the master switch on to check the fuel level. My heart leapt into my throat when I saw the tanks were full. The line crewman must have anticipated my surprise, because he apologized, explaining he had taken a smoke break while fueling the airplane and forgot about the new rule regarding rationing.

"He begged me not to turn him in. Of course, I gave him a stern look and told him not to ever let it happen again, and then told him to forget about it. With a full load of fuel, we could fly all the way to Singapore. My friend was still despondent about the loss of his family, but he didn’t care where we went as long as it was out of the country.

“Right after takeoff, I turned off all the radios and the transponder. Then I turned on the intercom and said, ‘What’s the matter with them anyway? Why are they sending us to Long Thanh to pick up those people.’ Now the crew knew we were going to Long Thanh, but they thought we had been sent there by headquarters.

"I told my friend we had to slow down, saying if we fly slow, maybe they will think it is a helicopter on their radar screen. As we began to circle the airport, I looked down and tried to spot my family.

“The place was deserted and I got a sinking feeling. The next time around, I searched the country road for them and there they were. Five little cars about a half mile from the airport. I knew my brother had briefed the family to run onto the airport as soon as they saw the ramp come down.

"When the ramp was open, I asked the loadmaster to offload the cargo, which was 20,000 pounds of dry rice. So far they didn’t suspect anything, but I knew I couldn’t take them out of the country without letting them know what I was doing. 

“As soon as my family was on board, I said, ‘Gentlemen, I have to tell you that this aircraft will not go back to Saigon any more. We are leaving the country. Anyone who does not want to go is free to leave now.’

Skimming Waves, Singapore Bound

"The flight engineer unhooked his seatbelt and headset and got halfway out of his seat, then sat back down and said he would go with us. The number one loadmaster, who was a 10-year VNAF veteran, must have thought we were defecting to the North Vietnamese, because he got off as quickly as he could.

“Once we were off, we headed out to sea at tree-top level. As soon as we got over the sea, we dropped down to 50 feet above sea level so we wouldn’t be picked up on radar. I mean, we were low. After an hour of skimming the wave tops, I realized we were over international waters and we climbed to 16,000 feet and set a course directly for Singapore."

They landed at 7 p.m. – 56 refugees from the war -- and announced they were “illegal” and wanted asylum. The airport had closed at 5 p.m. and the person who dealt with such people couldn’t be found. Finally at about 1 a.m. 20 trucks filled with police surrounded the airplane and Khiem and his passengers surrendered, explaining they would like political asylum in Singapore.

No one knew what to do with them, so Khiem suggested the airport give them charts and fuel to fly to Australia and they would leave. That seemed like a good idea to airport personnel, until the matter of paying for the fuel came up. They would only accept U.S. currency, and the passengers only had about $400 of the $5,000 needed. 

“Fortunately, they were sympathetic,” Khiem said. “They must have had an idea how the war would end. They billeted us in what was like a jail, l and then treated us as heroes. We were there 19 days, then a bus came and took us to a resort island. We had beds to sleep in, not the floor any more.

"The next day we were flown to Guam. We were on our way to a new life in the United States.”

Khiem had managed to get his entire family out, with the exception of his youngest brother, who was in the Army. After the Communists took over, he was sent to a re-education camp for two years of brainwashing. In September 1991, just three months before their father passed away, Khiem’s brother and his family were reunited with the rest of the family, after 16 years apart.

Love for America, Making a New Life

Khiem’s love for America had begun when he attended the language school at Lackland Air Force Base, Texas, in November 1969 as a Vietnamese Air Force cadet. He received his basic pilot training at Randolph Air Force Base, then moved on to Keesler Air Force Base. Eventually, he was assigned to fly transport aircraft and was pilot in command of C-123K aircraft, before moving up to the C-130.

His family of 10 included five brothers, all of them in the military during the war. Three of his brothers were in the VNAF and his oldest brother was the chief training officer for the 62^nd wing of the VNAF at Nha Trang. It was a family that believed in their country and was willing to fight to save it – almost to the bitter end. 

“What I’ve dreamed for the last 45 years is thanking the U.S. for accepting my family,” Khiem said. 

The next day after he and his family were taken out of Singapore, the USAF claimed the C-130 and flew it to South Korea. It was flown there for several years, then flown to the United States to be used by the Coast Guard. It’s final flight was to the museum at Dulles.

When it was released to the National Warplane Museum, a crew disassembled it and transported the wings and fuselage by truck to Geneseo, where it has been reassembled.

After settling his family in America, Captain Khiem began flying for American Airlines, and retired about seven years ago from U.S. Air. He is rated to fly the Boeing 727-100/200, 737-200/300/400 and AirBus 319/320/321.

His friend Major Nguyen Huu Canh is presently flying for an oil-drilling company in Houston.

Khiem has been to the National Warplane Museum several times during the past year to see his C-130. He is eagerly supporting their mission to restore his plane, physically and financially, Warplane Museum founder Wadsworth said. 

Photos courtesy of Virgnia Kropf.

Below: Pham Quang Khiem (with baseball cap on at left) and his family pose with the C-130 he “borrowed” and flew his family to freedom just before the Communists invaded Saigon. The plane will be the centerpiece of a Vietnam Veterans Memorial at the National Warplane Museum in Geneseo, which recently acquired it from the Smithsonian.

Below: Carol Culhane, an acclaimed artist from Albion, poses with Pham Quang Khiem and the picture she painted entitled "Saigon Lady," which will accompany the historic airplane that is to be completely restored.

From the Alzheimer's Association WNY Chapter:

Judging by the calls received at the Alzheimer’s Association® Western New York Chapter office from dementia caregivers, COVID-19 continues to be a major challenge.

It compounds the struggle for care partners already challenged by the demands of providing day-to-day care for someone they love who has Alzheimer's disease or other dementia.

While the association's physical office remains closed to ensure the health and safety of our staff and the public, it continues to provide free resources such as virtual support groups.

The Chapter oversees several monthly caregiver support group meetings in the Genesee County region, which allows dementia caregivers to connect with others facing similar challenges and hear advice for overcoming them from care partners in local area.

These programs generally run an hour in length and are free to attend via telephone or the Zoom video chat application. Additionally, there are no residency or minimum attendance requirements. 

Caregivers looking for guidance, compassion and time away are welcome to join the discussion by phone on the third Thursday of every month at 1 p.m., including these Nov. 19 and Dec. 17. There is also a meeting accessible by phone or Zoom on the third Wednesday at 7 p.m. on these upcoming dates: Oct. 21, Nov. 18 and Dec. 16.

While there are no fees, preregistration is a requirement, by calling 1-800-272-3900 at any time. Online registration is also an option at alz.org/CRF. If you are unfamiliar with the Zoom app, call the Chapter office for a quick and easy practice session at (716) 626-0600, ext. 313.

Genesee County residents also have access to caregiving resources and programs through the Chapter’s partnership with the Genesee County Office for the Aging. To learn more about local caregiver resources, call the county office at (585) 343-1611.

From the City of Batavia Fire Department: 

The City of Batavia Fire Department will be flushing / testing fire hydrants on Thursday, Oct. 15^th and Friday, Oct. 16^th from approximately 9 a.m. to 3 p.m. in the general area of North of Main Street and East of Bank Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

This annual testing is essential to maintain the communities class III Insurance Services Office (ISO) public protection classification, and to assure that fire hydrants are operating efficiently for fire protection purposes.

Along with maintaining the fire rating, the test monitors the health of the city's water system, identifies weak areas in the system, and removes material that settle in the water lines. Checking each hydrant improves fire department personnel knowledge of the hydrant locations.

If you have any questions, or should notice a hydrant in need of repair, please contact the fire department at (585) 345-6375.

Press release:

Citywide leaf collection will begin Monday, Oct. 19 and will continue until Nov. 20.

Residents are asked to rake leaves into piles and leave them in the parkway (unbagged). Please, place close to curb line/edge of roadway without placing in the street. Do not pile around fire hydrants, trees or sign posts.

Leaf piles should only contain leaves and no branches, grass clippings or other materials.

Leaf operations typically have one crew on the Northside working from Grandview Terrace moving West, North of Main Street, and a second crew on the Southside beginning on River Street moving East in areas South of Main Street.

A third crew will work using a vacuum along main roads and numbered routes. It takes about two weeks to go through the entire city.

Any resident with leaves can also bring them to the Yard Waste Station until it closes for the season on Dec. 5. The Yard Waste hours are: Monday through Friday from 8 a.m. to 2 p.m.; Saturdays from 12 to 6 p.m. through Oct. 31; and then 11 a.m. to 5 p.m. on these remaining dates -- Nov. 7, 14, 21, 28, and Dec. 5).

The Yard Waste Station will be closed Nov. 11, 26, 27 and will officially close for the season after Dec. 5th.

IMPORTANT INFORMATION ABOUT LEAF COLLECTION:

• Leaf piles must be clear of sticks and other debris;
• Leaf piles must be clear of all animal waste – if animal waste is found in the piles, they will not be picked up;
• Grass clippings, flower pottings, branches and pumpkins cannot be picked up and residents may bring those items to the Yard Waste Station on Law Street (open through Dec. 5;
• Leaves should not block traffic;
• Leaves should not be piled near intersection corners. This causes sight issues for motorists/bicyclists/pedestrians;
• Keep leaf piles clear of drainage ways and catch basins. Blocked drainage leads to localized flooding;
• Leaves should not be piled around mailboxes, power poles, fences, fire hydrants or other obstacles;
• Do not park on leaf piles. The heat from a vehicle exhaust system could start a fire;
• Do not wait to get your leaves out. We will normally collect leaves twice within the month of leaf collection;
• If it is snowing, we plow first. If it continues to snow, then leaf operations will be suspended.
• There is no leaf pickup in the spring.

Contact the Bureau of Maintenance (585) 345-6400, option 1, if you have any questions.

The search for a permanent City of Batavia manager is progressing, according to City Council President Eugene Jankowski Jr., who didn’t have much new information to report other than the Cincinnati, Ohio-based consulting firm assisting the board is now part of a larger corporation with offices across the United States.

“We’re setting up timetables to keep the process going and The Novak Consulting Group is scheduling their people to meet with the committee that has been formed by City Council,” Jankowski said today, adding that TNCG has been acquired by another company.

A click on the TNCG website indicates that as of January 2020, it now is part of Raftelis, a national leader in financial, rate, organizational, technology, and strategic business consulting services to the public sector and utilities throughout the United States.

Per the website, “Raftelis’ capabilities and resources mean we now offer clients a broader range of services, and can quickly connect our clients to experts who can deliver the analysis and insights they need.” It also stated that the entire TNCG staff is now part of Raftelis and the firm will maintain its headquarters in Cincinnati.

Last month, Jankowski announced the appointment of Council members Patti Pacino and John Canale, Public Works Director Matt Worth and Human Resources Specialist Dawn Fairbanks to a screening/search committee to set the wheels in motion for the hiring of a city manager to replace Martin Moore, who left the position in June.

Assistant City Manager Rachael Tabelski has been serving as the interim city manager for the past four months.

Jankowski said he didn’t know who will be coordinating the search for TNCG, noting that he expects the local committee to update Council as developments occur.

During the search in the spring and summer months of 2018 that resulted in Moore’s hiring, Catherine Tuck Parrish, executive search senior manager, was the key player for TNCG.

The Batavian placed a call to TNCG this morning to find out if Tuck Parrish was going to direct the search this time, but the person who answered said that she was out of the office until Wednesday.

Jankowski said Council has been in contact with TNCG “all the way back to June 20,” but the company wasn’t available to step in until sometime last month. Per a stipulation in the previous contract, TNCG agreed to provide a “free search” to the city should the city manager leave prior to completing two years on the job.

Moore’s tenure in Batavia lasted for 21 months.

The city reportedly paid $23,500 for the 2018 executive search, plus a few thousand dollars more for advertising, background checks and transportation costs for finalists to attend interviews in Batavia.

Moore received a starting salary of $110,000, with annual increases of $2,000 along with retirement benefits, paid family medical insurance, three weeks’ vacation, life insurance, and relocation reimbursement up to $10,000.

Jankowski said it is his understanding that the city will cover “what we did last time -- beyond their fee – which was advertising costs, interview costs and transportation costs to bring candidates here, and so on.”

He also said that all costs would come before Council prior to payment.

“If we’re going to bring X amount of people in for interviews and it’s going to cost approximately this much money, then Council has to appropriate that,” he said. “It’s not a major expenditure but these are expenses that weren’t budgeted for, so we would have to find the account where it would be legal to be transferred from – such as Administrative Services or the City Manager’s Office. When these costs become apparent, we will make that information available to the public.”

He also said Council will zero in on the qualifications and skills of its next city manager.

“Council will make it known what’s important to them and what’s important to our community. Are we advertising for a people person or a financial expert or a manager for major projects? It’s up to Council to set that job description above and beyond what is listed in the charter,” he explained.

Jankowski said TNCG will do all the screening and preinterviews and make sure the candidates meet all of the qualifications and verify that people are honest about their credentials.

“When that’s all done it comes to the committee and the committee does additional screening, narrowing down the candidates who will be interviewed by all of Council,” he said. “That’s how we did it last time and I expect the process to be pretty much along those same lines.”

As far as TNCG is concerned, Jankowski said it will be “a team approach.”

“There isn’t one or two specific people,” he said. “One of their people may be an expert in background investigations, another may be an expert in screening the actual individual. Now that they’re part of this other company, I believe they will bring more people to the table because they have a larger organization to tap into.”

Jankowski said regardless of who is sitting at the table, Council is committed to making sure the search “is done property, fairly, ethically and legally … and as open as we possibly can.”

While the job search may or may not come up for discussion at tonight’s City Council Business Meeting, a resolution to supplement Tabelski’s current salary with a $1,000 per month stipend for additional responsibilities is on the agenda. The increased pay would be retroactive to July 20 and continue until the city manager post is filled.

The meeting is scheduled for 7 o’clock at the City Centre Board Room.

Press release from David Krzemien:

I am honored that the UAW (United Auto Workers) Union, Region 9 has endorsed my campaign for Genesee County Sheriff! Throughout my careers I have been involved in unions. Looking out for and protecting the interests of others is something I take great pride in. We need to support American made and locally owned businesses, together we are stronger!

Text of the letter:

Dear David:

We are pleased to inform you the Western New York Community Action Program (CAP) Council, UAW Region 9, has endorsed your candidacy in this year's election for Sheriff of Genesee County.

Enclosed is the UAW's Union-Built, American-Made, vehicle guide for 2020. Please consider this list when purchasing your next vehicle.

Good luck for a successful campaign, and we look forward to helping you win on Election Day! If you have any questions, please call our office at (716) 632-1540.

Sincerely,

 

Jeff Binz, Director UAW Region 9

Tom Ashton Asst. Director UAW Region 9

Ed Balukas, National Cap Rep. UAW Region 9

Wence Valetin III, Chairperson WNY CAP, UAW Region 9

Brandon Payne caught another large pike at DeWitt Recreation Area yesterday.

Submitted photo.

Brenda Lee Draper, 46, of Porter Avenue, Batavia, is charged with two Class E felonies: fourth-degree grand larceny; and offering a false instrument for filing in the first degree. It is alleged that Draper did not report income that she was earning that she filed an application used to determine eligibility for the Supplemental Nutrition Assistance Program benefits. As a result, she is accused of receiving $1,775 in SNAP benefits she was not entitled to get. The investigation was conducted by Genesee County Department of Social Services Investigator Dakota Nicholson. Draper was arrested and charged by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Edward Joseph Marin Jr., 31, of South Cairo, is charged with second-degree criminal contempt. At 1:49 a.m. Oct. 11 Marin was arrested after he allegedly knowingly violated a full stay away order of protection while staying at a hotel on Park Road in the Town of Batavia. He was released on an appearance ticket and is due in Batavia Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Ryan Young.

Dylan Michael Birch, 20, of Lakeville, is charged with second-degree criminal contempt. He was arrested at 7:44 p.m. Oct. 10 on Route 237 in the Town of Stafford. No other details provided. Birch was issued an appearance ticket to be in Stafford Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy David Moore.

Jerald A. Shuler III, 27, of Batavia (no address provided), was arrested following a traffic stop on Route 246 in the Town of Covington for an alleged speeding infraction. During the traffic stop, he was allegedly found in possession of 1.65 ounces of marijuana. Shuler is charged with marijuana possession in the first degree, speeding over 55 mph, and having the driver's view obstructed. Shuler was issued an appearance ticket and is due in Town of Covington Court on Oct. 26. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

A caller to dispatch who lives in the 1200 block of Gilmore Road in Indian Falls reports three males trespassed on his property to get the water. He said he believes they are parked at the restaurant.

He wants an interview with Sheriff's deputies and to press trespassing charges. Deputies are responding.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.19, the same as one week ago (and the same as the week before that.) One year ago, the price was $2.64. The New York State average is $2.25 – down 1 cent since last week. A year ago, the NYS average was $2.71.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.20 (down 1 cent since last week)
• Buffalo -- $2.22 (down 1 cent since last week)
• Ithaca -- $2.19 (no change since last week)
• Rochester -- $2.24 (no change since last week)
• Rome -- $2.31 (no change since last week)
• Syracuse -- $2.19 (no change since last week)
• Watertown -- $2.30 (no change since last week)

The national average for a gallon of regular gasoline remains at $2.19, which is significantly cheaper than last year (-45 cents).

In a recent report from the Energy Information Administration (EIA), gas demand grew, however, the current rate is approximately 600,000 barrels per day below last year’s rate in early October allowing prices to hold steady. Pump prices could decline if demand drops due to fewer road trips taken as the weather cools.

From GasBuddy:

"Average gasoline prices largely remain rangebound as the tug of war between market forces continues to keep prices confined near current levels," said Patrick De Haan, head of petroleum analysis for GasBuddy. "On one side, the coronavirus situation would be pulling prices down as year-to-date gasoline demand stands some 13-percent lower than last year, but on the positive side is the possibility of economic stimulus that could boost households ahead of the election if the two parties can manage to agree.

"For now, with little action on either issue, oil markets are seeing a good amount of speculation and seesawing, and that will continue until we have a clear answer on whether Washington will deliver more economic aid to hard hit Americans."

Parents of children from the ages of 5 to 12 are invited to take part in Active Parenting, an evidence-based, video and discussion program sponsored by the prevention department at Genesee/Orleans Council on Alcoholism and Substance Abuse.

The six-session program will begin on Oct. 26 and continue each Monday through Nov. 30 via the Zoom videoconferencing platform. Sessions will run from 1 to 3 p.m.

“Active Parenting provides the skills necessary to achieve a fuller, more satisfying family life, and will help your children gain an increased measure of happiness and success,” said Sherri Bensley, assistant director of prevention.

It was written by Michael Popkin, who earned a Doctorate in Counseling Psychology from the Georgia State University and is one of the nation’s foremost experts on parenting education. Course materials tout a proven and effective approach to parenting that will lead to more harmony and happiness for parents and children.

The curriculum includes seven strategies for school success, along with positive discipline and communication techniques to help families run more smoothly.

Since 1983, more than three million parents have learned program. Topics of discussion include effective ways to:

• Use nonviolent discipline that really works;
• Open up lines of communication—before they get clogged;
• Teach responsibility, courage, and other important character traits;
• Encourage school success in seven steps;
• Prevent future problems with drugs, alcohol, and sex;
• Defuse power struggles with your children;
• Stimulate independence as your child grows older;
• Stop scolding and start smiling with your kids again!

To register, contact Diane Klos in Genesee County at dklos@gcasa.org, or Diana Fulcomer in Orleans County at dfulcomer@gcasa.org.

Participants are asked to provide their name, telephone number, email address, and number of children and their ages. Each participant will receive a book, workbook and a certificate upon completion.

Disclosure: Story by Mike Pettinella, GCASA publicist.

It's now a felony in New York for a police officer to use a chokehold that results in the serious injury or death of a person, but Batavia police officers who have come through the academy in the past 10 years haven't even learned that maneuver, Chief Shawn Heubusch told the city's stakeholders' group at Thursday's meeting.

Since officers aren't trained in the procedure, it isn't even mentioned in the city's use of force policy, Heubusch said.

The Batavia's Police Collaboration Advisory Stakeholder Group was formed in response to an executive order from Gov. Andrew Cuomo mandating that all municipalities with a police force form a community-based group that reviews all of a police department's policies and procedures.

Thursday meeting concentrated on Batavia's use of force policy (pdf).

Chokeholds fell out of favor more than a decade ago, but their use declined steeply after New York legislators passed a law in the wake of the 2014 death of Eric Garner. He died in New York City while in police custody and restrained in a chokehold. Even while officers continued to restrain him, Garner warned them, "I can't breathe."

As a result, the State Legislature approved the Eric Garner Anti-Chokehold Act, making "aggravated strangulation" by a police officer a Class C felony punishable up to 15 years in prison.

While the city's use of policy is silent specifically on the use of a chokehold, it does allow a police officer to use any means necessary to protect his or her life or the life of another person if somebody is in imminent danger of being killed.

An officer, for example, fighting for his or her life, could use a chokehold.

"If the officer is in serious peril, you are going to do whatever you can to prevent yourself or somebody else from being killed," Heubusch said.

The use of force policy outlines when a police officer is authorized to employ a reasonable level of force in order to effect an arrest or protect him or herself or another person, up to the use of deadly force.

Reasonable, of course, is a subjective term but a 1989 Supreme Court decision, Graham vs. Connor, provides police with a method to evaluate reasonable use of force.

What is deemed reasonable? Basically, what any other typical officer would have done under a similar set of circumstances with the knowledge the officer had the time of the incident without the benefit of hindsight. In other words, if an officer has substantial reason to believe a subject has a weapon and is likely to use it, an action taken to neutralize the ability of the subject to use that weapon is reasonable, even if it turns out later the subject didn't have a weapon.

"No policy can possibly predict every situation a police officer will face," Heubusch said. "We can't reasonably think of everything and put in a policy when there is so much judgment involved in every single action an officer takes on a daily basis."

While an officer wants to avoid or minimize the use of force, nothing in the law or policy requires an officer to retreat (unlike a civilian in a public place) in the face of a threat.

When an officer uses unreasonable force, his or her fellow officers have a duty to intervene, and a duty to report under Federal law and local policy.

"We've always had a duty to intercede in our policy," Heubusch said.

Use of force can be authorized to try and capture a fleeing criminal suspect but again, sometimes the use of force is reasonable, and sometimes it isn't. An officer wouldn't use the same force to apprehend a shoplifter that he would for a bank robber. The officer must also evaluate whether the subject is a physical threat to other people.

It's never acceptable to fire a weapon at a moving vehicle. Unlike the movies, it's rarely effective and it's a danger to others.

Deadly force is only authorized when the officer or another person is in imminent threat of death or serious injury. Imminent doesn't mean immediate, Heubusch said. 

"If you point a gun at me I don’t have to wait for that trigger to be pulled," Heubusch said. "It doesn’t matter if the gun is loaded or not. We don’t have to find out if there are actually bullets in the weapon."

Anytime any level of use of force is deployed, Heubusch said, the officers must complete a report, which is another reason officers, he said, would rather avoid the use of force if at all possible.

The report is reviewed by supervisors. The information can sometimes help identify training needs and corrective measures and in rare circumstances result in disciplinary action.

"Officers hate paperwork and when they use force, they have to report it every time they wrestle with somebody," Heubusch said.

Heubusch said the use of force reports are not public even though New York recently repealed the law, Civil Rights Law 50a, which used to make records private used to evaluation police officer performance.

The reports are apparently not aggregated into any kind of statistical table.

Committee members wanted to know more about how the police department handles complaints about the possible use of force violations, particularly what protections are in place to protect an officer who cites a possible violation by a fellow officer.

Some committee members wanted to know just how thick that "thin blue line" is that supposedly protects police officers from being reported by fellow officers.

Heubusch said the department does have a whistlerblower policy that protects employees who file complaints but also noted, it's a small department -- only 33 officers on the force -- so it's hard to remain anonymous. 

That being said, Heubusch added, "supervisors know what their job is. They are not going to put their careers on the line. It's their job and their living on the line. I think our officers are comfortable coming forward if they run into a situation. I have yet to uncover a problem of an officer reporting something to a supervisor."

Public Defender Jerry Ader

Top photo: Chief Shawn Heubusch

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A 3-percent pay raise for City School's Superintendent Anibal Soler Jr. was primarily a cost-of-living adjustment, a couple of members of the board of education told The Batavian in response to a set of emailed questions.

But not all board members responded to the request for comment.

Not responding were:

• Shawna Murphy
• Barbara Bowman
• John Reigle

Trustee Tanni Bromley provided the most detailed response.

During the annual review process, the Board approved the raise of Mr. Soler after thorough discussion during the executive session. The Board felt it was justified for a few reasons which included cost of living increase, the longevity bonus would support and promote Mr. Soler's tenure in education. And finally, the Board did feel that Mr. Soler provided a well-structured plan for our district's reopening. 

The Board always takes the public's thoughts and feelings into account when making such decisions however it is also known that our decisions will not please every community member. Our objective always remains to provide our kids with the best educational experience possible, especially during these difficult and unprecedented times. 

The board approved the raise for Soler, lifting his annual pay from $160,000 to $164,800, unanimously near the end of the same meeting where Soler outlined a looming financial crisis for the school district. The governor's office is withholding at least 20 percent of state funding because of the pandemic and that could lead to a revenue shortfall of more than $5.4 million.

The seeming incongruity of the revenue discussion and the board approving a raise for Soler was questioned by members of the local community, so The Batavian asked each board member to provide their individual reasons for approving the raise.

Board President Alice Ann Benedict first responded:

As per School law, we discuss any employee issues in executive session. We had an in-depth discussion. We then put it on the agenda under consent items and voted on the raise. It is a cost of living increase. Three percent of $160,000 is $4,800.

In an attempt to get Benedict to expand on her answer, The Batavian, in a response email, noted that state law allows elected officials to discuss personnel matters in executive session (what some call "secret session") but doesn't require personnel matters be discussed behind closed doors, nor does state law prohibit elected officials from publically discussing their thoughts on matters taken up in executive session.

In a subsequent email, Benedict said the board held a thorough, in-depth discussion about the raise in closed session.

In a follow-up, we asked Benedict about the size of the raise -- 3 percent -- when the inflation rate in 2020 has been less than 1 percent and the consumer price index in 2019 was less than 2 percent.

"We choose a combination of cost of living, merit, and equity," Benedict said. "This was all decided during a very lengthy executive session meeting." 

Peter Cecere apologized for the delayed response because of a significant family matter. He again cited that the discussion was an executive session matter:

All decisions we arrive at are done with the utmost of thought and consideration from all angles and all sides. Many times not easy and often very laborious.

Rest assured we negotiated as a group, of one voice, and consent.

In response, The Batavian again noted that as a matter of law, he is not prohibited from discussing his decision to support a raise. We got no response.

John Marucci also apologized for a delayed response, citing long hours at work, and said:

What I can tell you is that any and all decisions made by the board of education are discussed thoroughly and we come together as a group on decisions that are made. Anything that is discussed in executive session is confidential.

In response, The Batavian again informed Marucci that we were seeking his individual thoughts on the raise and that state law does not prohibit him from answering questions for the public about matters discussed in executive session. He did not respond.

As for Anibal Soler Jr., he acknowledges that the optics of the raise being approved at a meeting where he spoke about the revenue issue -- the executive session where the raise was discussed was at a prior meeting -- don't look good, but he pointed out that:

• His contract includes an annual raise;
• The board was supposed to approve a raise for him in July but Soler asked that the matter be delayed because he was busy dealing with pandemic-related issues in the district;
• Every bargaining unit in the district, the various unions, and other individual administrators have contracts that mandate annual raises. "Should I be the only one to go without a raise?" he said.

Yes, he said, the timing of the meeting, the optics, do not look good but the district, he said, is facing such a serious revenue shortfall that forgoing a $4,800 raise isn't going to fill in the hole.

He said last year he offered to skip a raise if all the other bargain units would forego their raises and the unions didn't take him up on the offer.

While the size of Genesee County's labor force shows a significant drop for August, some of this explained by normal seasonal fluctuations, says Tammy Marino, a labor analyst for the Department of Labor.

The labor force expands in the summer with students taking on jobs and for the season. This year, many college-age workers returned to campuses earlier than usual.

The August labor force for Genesee County was 29,800, down from 30,300 the month before, and down from 30,200 the year before.

Marino noted that the August number is close to the spring number. In May, the local labor force contained 29,500 workers.

There are also people who have dropped out of the labor force for various reasons, Marino said.

"There are many factors that influence people’s decision to (not) participate in the labor force," Marino said. "No child care, fear of the virus, a need to take care of a sick relative, etc. Also, long-term trends come into play here as well, a general aging of the population overall has resulted in a shrinking labor force in recent years."

There are 27,400 people with jobs living in the county, down from 29,200 a year ago. There are 2,400 people who are out of work but looking for an appropriate job, up from 1,000 a year ago.

That puts the August unemployment rate at 8.1 percent. In August of 2019, it was 3.5 percent.

Since the start of the pandemic the monthly unemployment rate has been:

• April: 14.4 percent
• May: 10.1 percent
• June: 9.5 percent
• July: 10.5 percent
• August: 8.1 percent

The September estimate has not yet been released.