Braiden Tower won first place, and Bryar Biracree, second, in the 7th-grade spelling bee today at Le Roy Middle School.
Mr. Knisley was the moderator and Mrs. Cain was the judge.
Braiden correctly spelled Zeppelin in the round for the win and will now advance to the regional competition.
To watch a video of the entire spelling bee, click here.
Photos and information submitted by Tim McArdle.
For the first time this year, the Oakfield Betterment Committee installed Christmas decorations for the first time this year in Memorial Park, 17 Main St.
The "Winter Wonderland" light display is a walking tour on the paved paths of the park.
"This is OBC’s gift to the community for their support of Labor Daze and other events," said committee member Jamie Lindsley. "We hope to make this an annual project and would like to undertake even more projects to improve our community for all."
This is County Building #2 on West Main Street Road, Batavia, earlier this evening.
If Michael Tomaszewski were to receive the maximum sentence in prison under the law for his crimes, the court would have no leverage to ensure he paid back his victims the more than $500,000 he stole from them, County Court Judge Charles Zambito told a courtroom full of people defrauded by the disgraced funeral director this morning.
To help make sure Tomaszewski is motivated to make restitution, Zambito sent him to prison for a bit less than the maximum term.
Instead of 2 1/2 to seven years in prison, Zambito ordered Tomaszewski to serve from two to six years on the most serious charge he admitted -- grand larceny in the third degree.
On his scheme to defraud and his offering a false instrument for filing, the sentence was 1/3 to four years each, and on the misdemeanor improper burial charge, 364 days.
All sentences are to run concurrently.
"What I can’t break away from is that for 12 years, you went to work every day knowing that the day before you had broken the law and you were going to break the law again," Zambito said. "This isn’t something that you forget about. This is something you don’t know about. You knew what you were supposed to do with that money. You just chose not to do it. Why? Because it was beneficial for you and you figured you would never get caught. That says more to me about your character than any good works you have ever done. I just can’t get around it."
Zambito said the best interest of the community is that Tomaszewski's victims have some assurance that restitution is possible. With a maximum sentence, once Tomaszewski's time was served, he couldn't be hauled back into court if he stopped paying restitution. Today's sentence will ensure that if he slips on his obligation, he can serve as much as 15 years total on the conviction.
Public Defender Jerry Ader argued for a community-based sentence (probation, with no prison time) to best ensure Tomaszewski made restitution to his victims.
During his statement to Zambito, he reminded the judge he had the latitude to use Genesee Justice as it was originally intended, to bring restorative justice to victims and offenders.
Used in that way, Tomaszewski would be required to meet individually with each of his victims so he would have to face the totality of his crimes, to feel the shame, to explain himself.
"It's innovative," Ader said. "It's not used. But it's what people want. People are longing to be heard. They want my client to feel shame, more than he's shamed already."
Interim District Attorney Kevin Finnell said he wanted to see Tomaszewski go to prison for the maximum time the law would allow, characterizing Tomaszewski's actions calculating and a crime against the whole community.
"People trusted him," Finnel said. "(His involvement in the community) was simply a way of gaining trust, to be the good guy, to make friends, 'then you will come and give your money and I will take it.' Mr. Tomaszewski took their money and then broke their trust.
"What Mr. Tomaszewski did was so egregious, so calculating, so wrong. I would submit that the court has no alternative but to sentence him to the maximum allowed and that's a 2 1/3 to a seven-year term."
Ader pushed back at what he characterized as Finnell's attempt to paint his client as some sort of evil mastermind who fooled everybody in the community just to enrich himself.
He said there is no evidence Tomaszewski has a gambling problem or a drug use problem. He said his client used the funds he failed to keep in trust to help grow his business; that he invested it in new buildings and new business ventures.
"It all went back into his business," Ader said. "It was wrong and he know it was wrong and he couldn’t stop because the business was helping people and he wanted to help people.
"My client isn't some sort of Bernie Madoff character who is stealing money in this Ponzi and living lavishly. That is somebody who should be punished for the rest of his life. This is somebody who mismanaged. And if you want to call that poor business, poor judgment, those are choices he made. Bad choices. Criminal choices. But they were choices. Yes, his intent, obviously, was to put that money back into the business but he still provided services."
Zambito didn't buy it.
"I don’t believe you are somehow sacrificing your own life, depriving yourself or your family," Zambito said. "You had what appeared to be a very successful business. You say in your pre-sentence investigation that you invested in the business. 'I needed the money for the sprinkler system. I needed the money to start the Dibble Center. Don’t you think there are other business people out there who need the money to improve their businesses, who want to do the best they can to start new ventures? They borrow the money if they don’t have it. They go to banks."
The defense delivered to the court more than 50 letters from members of the community, including letters from people who were clients of the funeral home, attesting to Tomaszewski's good character, saying he was a good guy who just made a mistake and mismanaged his business. They pointed to his involvement with the Lions Club, to his charitable work, to his support of community organizations.
Zambito said he also had a binder containing information on 91 victims of Tomaszewski's fraud, documenting more than 12 years of criminal activity that cost members of the community more than $500,000. Yes, some of those victims do only want restitution, Zambito said, but many others want justice, they want Tomaszewski to go to prison.
"They believe that the scope and breadth of your crimes outweigh the positive things that can be said about you," Zambito said. "I get that you did good things but you did it with other peoples' money."
After adjusting for the $32,000 Tomaszewski was going to pay today and five percent interest on the original amount of restitution required, Tomaszewski owes his victims $569,434.92.
Zambito ordered Tomaszewski to pay $2,000 a month upon his release from prison, which Zambito said he felt Tomaszewski would have no trouble making full restitution within 10 years of his release because he's shown he has the ability to earn money, particularly in the restaurant business.
Currently, Tomaszewski's former funeral home building is listed for sale for $1 million and another building he owns on West Main Street is listed for $165,000. He also has a pending bankruptcy with $3,242,390 in liabilities. The money owed to victims who filed claims in the federal court cannot be discharged through the bankruptcy proceeding.
Al Kurek, one of Tomaszewski's victims, made a statement to the court during today's hearing. He called Tomaszewski one of the community's "golden boys" who had a successful business and won people's trust but squandered his accomplishment.
"There was only one problem," Kurek said. "All the time he was offering comfort and condolences, he was practicing deceit. He sat across from clients over the years, stared them in the eye, shook their hands providing them with assurance and comfort while all the time knowing that their monies were going directly into his pocket.
"What he actually gave clients was mental anguish and suffering as well as lies, pain, grief, and heartache. The Batavia community had its soul scorched when all of Michael's criminal and unethical activities were revealed."
Joan Mariucci said Tomaszewski stole her trust.
"There are two Rs," she said. "There’s rich and there’s retired. We’re retired. We’re not the rich. We don’t have that kind of money just laying around to give to someone else."
Interim District Attorney Kevin Finnell.
Public Defender Jerry Ader.
Judge Charles Zambito.
Press Release:
In collaboration with the American Red Cross, Batavia Community Schools is sponsoring a Blood Drive on Thursday, December 30, 2021, from 9 AM-2 PM at Robert Morris Multi-Purpose Room, 80 Union Street, Batavia.
Click here to schedule an appointment, or call the American Red Cross at 1-800-733-2767. Appointments are still available.
As of August 9, American Red Cross requires that all individuals at blood drives wear a face mask regardless of vaccination status.
A power outage affecting 740 National Grid customers is reported along South Pearl Street Road and south nearly to Alexander Road, from the City of Batavia to near Darien.
The power outage was reported at 1:41 p.m.
It is unconfirmed if related, but there was a motor vehicle accident reported at 2901 South Pearl Street Road, Pembroke, at about the same time the outage started.
The estimated power restoration is 3:45 p.m.
UPDATE 3:15 p.m.: Power has been restored.
Press release:
The Genesee and Orleans County Health Departments (GO Health) are pleased to announce that we will now be able to accept at-home COVID-19 tests. “We have developed an online form for residents to report a positive test result after taking an at-home COVID-19 test,” stated Paul Pettit, Public Health Director for GO Health.
Positive test results are to be reported to the Health Department within 24 hours of completing the at-home test. Individuals can visit the GO Health website COVID-19 Testing page under Emerging Issues (GOHealthNY.org) and choose the appropriate Home Test button for their respective county. Individuals should complete the at-home tests according to the directions provided. When the test is completed, individuals should take a picture with the individual’s name, the date and the time they took the test legibly written on the test within 15 minutes of reading the results. Towards the end of the online form, the individual will be required to upload the picture on the website and attest to the authenticity and truth of the form. If there are any missing sections that are required, the form is invalid. At this time, individuals do not need to report negative at-home test results.
Anyone who tests positive for COVID-19 is to self-isolate for at least 10 days. A Case Investigator will contact the individual to determine any potential contacts, check on the individual’s health and provide guidance on their isolation. Please answer the phone and be able to provide information regarding potential contacts when called. Also note, depending on our case load, it may be a day or two before you are called. It is important to continue with self-isolation from household members as much as you are able. If you must share space, make sure all in contact with you are wearing masks covering their nose and mouth and frequently shared items/surfaces are sanitized often.
Please note home testing may not be accepted for travel or events. Check with your travel / event planner for what is acceptable. For information on COVID-19 testing, visit https://gohealthny.org/covid-19-testing-information/ or https://coronavirus.health.ny.gov/find-test-site-near-you
Dewey Dilcher, on North Byron Road, Byron, decided some Christmas cheer to racing fans this holiday season with a tricked out stock car in his yard.
Photo submitted by Melissa Dilcher.
The Oakfield-Alabama boys basketball team moved its season record to 4-0 with a 66-45 win over Attica on Tuesday.
Scoring:
Also in boys basketball on Tuesday:
In girls basketball:
Genesee County is expected to receive up to $1 million to help in its COVID-19 prevention efforts as well as around 3,000 in-home test kits over the next few weeks, County Manager Matt Landers said in response to an email from The Batavian today.
“Based on information from the press release (from Gov. Kathy Hochul’s office) yesterday, Genesee County is in line to be reimbursed for up to $1 million in costs,” Landers said.
The money is earmarked for local health departments for vaccine and testing sites, staffing, and personnel expenses related to media campaigns, supply distribution and enforcement of mask/vaccine mandates.
Landers said he doesn’t see the additional funding having a signficiant impact upon the county’s ability – or willingness – to enforce Hochul’s rule requiring those over the age of 2 to wear masks or show proof of vaccination when entering businesses.
“We are still waiting on more guidance on what the money can be used for, but based on the short window to spend this money, it does not appear that Genesee County will have any greater ability to enforce the state’s mask rule,” Landers advised. “More than likely, we will use some of this money to promote our residents to get vaccinated or boosted, testing clinics and vaccination/booster clinics.
“Genesee County believes that masking in public settings does offer greater protection against the spread of COVID-19, and encourages businesses and residents to take appropriate precautions during this holiday season.”
Landers reported that he was just notified that more test kits (likely in early January) and masks (on Thursday) will be coming to Genesee County.
“Our Emergency Management Office is coordinating the distribution efforts for both and we will have details in the days following. We haven’t received word on the exact distribution numbers yet, but we are anticipating around 3,000 take-home test kits to be distributed to the public in early January,” he said.
The county manager said he “appreciates” the open communication line with the governor’s office and the distribution of supplies to rural counties such as Genesee.
According to Hochul’s press release, the state is prepared to release $65 million to New York’s 62 counties to help enforce the most recent mandates, which was announced two weeks ago and expires on Jan. 15.
The governor said she is opposed to more school or business shutdowns to the coronavirus “because we have the tools available to all of us (and) we’re going to keep fighting back.”
Residents throughout the county proudly display their Christmas trees in front windows so every passerby might enjoy the Christmas spirit. Here are a few such trees in Batavia.
Today, VivIFY Hydration Lounge & Medispa hosted its grand opening and ribbon cutting at 413 East Main Street, Batavia.
The spa offers intervenous hydration along with the administration of vitamins, minerals, and nutrients appropriate to the client's needs. The IV process enables the body to absorb 100 percent of the nutrients, a result not possible through pill-based supplements.
Infusion options include increased immunity, athletic recovery, a cure for a hangover, a metabolism boost, migraine relief, and hunger suppression.
Appointments can be made by calling (585) 494-7411.
The former Santy's Tires building on Ellicott Street, which along with the former Soccio & Della Penna building, is part of a redevelopment effort downtown known as Ellicott Station, is nearly gone as construction on the $22 million project continues.
The brownfield redevelopment site has been vacant for many years and has been a challenge to redevelop because of environmental contamination. Grants and tax abatements, about 15 percent of the project's funding, help offset the cost of environmental clean-up.
Savarino Companies of Buffalo is the project developer. It will include 55 apartments, office space, and a restaurant.
Wastewater treatment facility disinfection projects in the Town of Pavilion and Villages of Bergen, Elba and Le Roy have been identified for funding through Round XI of the Regional Economic Development Council’s program to improve water quality, combat harmful algal blooms and update aging infrastructure across New York State.
Gov. Kathy Hochul, in a press release issued today, announced that more than $272 million is being awarded to 179 projects to protect and improve water quality.
These awards are in addition to the $196 million awarded to 488 projects from multiple State Agency programs through Round XI of the Governor's Regional Economic Development Council Initiative announced last week to stimulate New York's post-pandemic economic recovery.
“Our state's economic development goals cannot be achieved without clean water for drinking, recreation, and the overall quality of life New Yorkers expect and deserve,” Hochul said. “These sustained investments in water quality improve the health of our communities while creating economic opportunity through well paying, long lasting jobs.”
The Water Quality Improvement Project grant program is administered by the state Department of Environmental Conservation and funds projects that directly address documented water quality impairments or protect a drinking water source.
Genesee County grants -- all to install ultraviolent effluent disinfection at the municipalities’ wastewater treatment plants -- will go to the following initiatives:
Press Release:
The Genesee County Chamber of Commerce is excited to the 2022 Home Show has been scheduled for April 8, 9 & 10, 2022. The Show will be held at the Batavia Ice Arena, 22 Evans Street, Batavia. Vendor applications are being accepted at this time. Applications can be downloaded from the Chamber’s Clickable-Home-Show-Contract.pdf (geneseeny.com) and are available at the Chamber’s office, 8276 Park Road. Space is limited and on a first come basis.
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