A tree is down and blocking both lanes of Traffic on Route 33 near Lovers Lane in the Town of Batavia.
A deputy on scene has requested the assistance of another patrol to help with traffic control at Lovers Lane.
DOT has been notified and is dispatching a crew.
Emily Dorianne Smith, 36, of Wilkinson Road, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal sale of a controlled substance 3rd, criminal nuisance 1st, and endangering the welfare of a child. Smith was arrested by members of the Local Drug Task Force following an investigation into the transportation, sale, and possession of cocaine in and around the City of Batavia. Smith was arraigned in City Court and released on her own recognizance.
Brian John Miller, 40, of Ellicott Street Road, Bethany, is charged with DWI, refusal to take breath test, aggravated unlicensed operation 3rd, moved from lane unsafely. Miller was arrested following a traffic accident at 6:40 p.m., Oct. 29, on Ellicott Street Road, Bethany. Miller was the sole occupant of his car, which overturned. Miller was able to extricate himself from the vehicle and was arrested at the scene by Deputy Andrew Mullen.
Tyler Lynn Vanskiver, 25, of Putnam Road, Bethany, is charged with harassment 2nd. Deputies responded to an address on Putnam Road, Bethany, at 3:53, Nov. 2, following a complaint. Following an investigation, Vanskiver was arrested by Deputy Morgan Ewert on the charge of harassment. Vanskiver is accused of striking another person. He was released on an appearance ticket.
Press release:
Come Enjoy the 2nd Annual Drive-Thru Country Christmas Light Display at the Western New York Gas & Steam Engine Grounds.
Bring the family out for a festive holiday experience. Enjoy a mile-long light display and get dinner starting Thanksgiving night, November 25, and every Friday and Saturday night through December 18th. Gates open 5-9p.m., enter at 3000 Walker Rd., Alexander, NY. $10 per vehicle, $20 larger vans and buses. Cash only at the gate, no presale tickets needed. Food and beverages are available. For more information like our Facebook page or visit www.alexandersteamshow.com
Photos: File photos by Howard Owens from last year's display.
A view of Veterans Day at the VA Hospital and the Upton Monument.
And below, a replay of our documentary on the Upton Monument.
Just 5 percent.
That’s the percentage of Genesee County residents that County Planning Director Felipe Oltramari hopes will take a few minutes to complete the Empire State Broadband Assessment survey that can be found at www.geneseebroadband.com.
Oltramari, speaking after Wednesday night’s Genesee County Planning Board meeting at County Building 2 on West Main Street Road, said the survey is an important tool as New York State attempts to expand internet access to its residents.
“By getting 5 percent of Genesee County residents to take the survey (less than 3,000 people) that will help determine the distribution of funding to fill in the gaps in broadband,” he said.
Millions of dollars are available for broadband development, Oltramari said. In Genesee County, government officials already have indicated they are setting aside a portion of the $11 million in American Rescue Plan Act funding it is receiving for that purpose.
Upon going to the website, the user is directed to the state’s “Advancing Broadband for New York” initiative featuring two large blue buttons: one marked Speed Test & Survey and the other marked Survey Only.
The speed test measures both the download and upload speeds from that location. It is important that the speed test is taken from a home or business computer, and not a mobile device. Additional instructions and information are provided.
The survey, according to the website, is “to understand how you utilize, or would like to utilize, broadband capabilities in your home or business in your community.” The questions are not difficult to answer and the entire survey takes five to seven minutes to complete.
When finished, a “thank you” message appears and links to additional resources, such as the New York State Broadband Program Office, and Data USA: County & City Data based on the U.S. Census, are provided.
Oltramari said the county will be conducting a marketing campaign to spread the word about the broadband survey.
He also reported that the first draft of the county’s updated Comprehensive Plan – part of the Genesee 2050 project – is complete and will be shared with the public in the coming weeks.
County planners recommended approval of a dozen referrals last night, most notably:
Previously: Genesee County legislators call on G/FLRPC to provide answers to broadband availability question
There are many moments in my life when I will see something that triggers a memory. It can be a memory of joy, sadness, or just comfort. You never know when it might happen, but it will transport you back to that time.
This particular day, I noticed the Black POW-MIA Flag flying in front of the new Court House. I was brought back to 1970 in my college cafeteria listening to a student from the University of Buffalo. She was standing on a table addressing the issues of a war that would affect all of us. New vocabulary words were created, such as containment of Communism, draft lottery, and protests. For example, this is the definition of the draft lottery found online today. "A lottery drawing – the first since 1942 – was held on December 1, 1969, at Selective Service National Headquarters in Washington, D.C. This event determined the order of call for induction during the calendar year 1970 for registrants born between January 1, 1944, and December 31, 1950."
Young men were anxiously positioned in front of the television set to see where their birth date would be drawn in the lottery. To this day, Baby Boomers can recall their number. Unfortunately, the flag also states, "You Are Not Forgotten," but when they returned home, they were. There were no parades, no large gatherings at airports other than their families and close friends.
Please understand that my father was a WW II Veteran, my uncle fought in the Korean War, and many of my students fought in Afghanistan. I highlighted this war because it was my war. This article is dedicated to ALL of our courageous veterans.
"Our flag does not fly because the wind moves it… it flies with the last breath of each soldier who died protecting it." -- Unknown
Even though there are plenty of ceremonial activities for veterans to attend on Veterans Day, it’s sometimes necessary to bring the ceremony to the veteran.
And that’s exactly what the family members of Eugene DeFedericis decided to do this year. They not only planned a special day to honor his military service, but also for a little public recognition on his birthday, which happens to fall on Nov. 11 as well.
His granddaughter-in-law, Stacey DeFedericis of Batavia, told The Batavian Wednesday of the surprise.
“This is a salute to Veterans Day and to Eugene’s 97th birthday,” she said. “This is something special for him and his two great-grandsons. My boys are non-stop listening to his stories; they fell in love with him the moment they met him.”
Eugene, of Attica, is the grandfather of Jason DeFedericis, Stacey’s husband. He served in the United States Army during World War II and was stationed in Germany, France and Austria. A corporal C 5, the grand patriarch likes to share war stories and also serves as a role model for great-grandsons Abel, 6, and 4-year-old Haiden, Mrs. DeFedericis said.
“He tries to instill being well-mannered and to present themselves to be the gentlemen they’re supposed to be,” she said. “He’s a strong guy, and very polite.”
The family has photos and articles of Eugene from his service days during 1944 to 1947. A framed collection of ribboned medals and one for sharp shooter is behind glass to protect the tokens of his service.
He has a flag up at his home and often wears a veterans WWII baseball cap, she said. Perhaps a given, he is “very, very patriotic,” she said, and used to travel around the county to various veterans ceremonies. He cannot walk as well as he used to, which prompted the family party at his home on Thursday.
“It’s just a ceremony to say thanks, and for his birthday,” she said. “I’m just trying to do something special for him; it’s to show him he’s loved. I want him to know he’s still loved by us.”
Photo: Veteran Eugene DeFedericis is flanked by great-grandsons Abel and Haiden, with grandson Jason and son Bob behind him. Photo submitted by Stacey DeFedericis.
“It appears we’re pretty close to resolving this issue … which is great,” Oakfield Village Mayor David Boyle told The Batavian on Wednesday afternoon.
Boyle said he has spoken on the telephone with Town Supervisor Matt Martin and, if all goes well as they finalize the details, he expects them to issue a joint statement in the near future – possibly by the end of the week.
The mayor said both the town and village boards have met in recent days to talk about the terms of a new fire protection agreement. However, he said he wasn’t prepared to provide any specifics at this point.
He did say that mediation by the fire department’s attorney, as suggested by Oakfield FD Chief Sean Downing, was not necessary, although he did appreciate Downing’s efforts in finding a solution to the dispute.
The situation became public in late September when the village board threatened to stop fire protection for town residents, including the Oakfield-Alabama School District, on Nov. 30 if the town did not pay a $78,648 bill for services rendered during the 2020-21 fiscal year that ended on May 31.
At that time, Boyle indicated that the town also had not paid for the first three months of this fiscal year, and felt the town was “holding the village hostage” in an attempt to renegotiate the shared services pact.
Fire trucks and equipment are owned by the village, which directs the OVFD. The building on Albert Street is owned by the fire department.
The current payment structure to cover operational and equipment costs stipulates that the village pays 42 percent and the town pays 58 percent. Boyle has said that when breaking that down by assessed valuation, village residents were charged $1.62 per $1,000 while town residents were charged 60 cents per $1,000.
The town board disputed those figures, and put out a statement that it wished to work toward “a fair and equitable fire agreement.”
As of mid-October, the village’s position was that the town pays the entire amount due to the village and signs a contract for this fiscal year (or a multi-year agreement) and then the village board would be open to exploring any changes.
The town, meanwhile, communicated on its website that it was seeking a three-year service contract only that would not include capital expenses because the village owns all the fire equipment.
Both Boyle and Martin previously said that the matter was being turned over to the village and town attorneys, respectively, who likely offered advice that has – according to Boyle – put them on the threshold of a deal.
Previously: Fire chief's suggestion of mediation may be the answer to ending stalemate between town, village boards
Today is Veterans Day -- and an appropriate time for members of the local Veterans of Foreign Wars chapter to invite Batavia-area residents to an "open house." The public is welcome to come to the Veness-Strollo Post 1602 at 25 Edward St. from noon to 3 this afternoon to learn more about the organization, enjoy a bowl of soup or chili, and have a beverage. New members are welcome. For more information, call 585-344-3249.
Sweet Betty’s grand opening was a long time in coming.
In fact, about 14 months long. Blame it on Covid-19, that insidious virus that closed a few businesses and left others short-staffed due to employee scarcity.
“We opened Aug. 3, 2020,” co-owner Gabby Keister said Wednesday at her Le Roy restaurant. “Because of Covid, we didn’t want to promote a crowd. We kept saying we’ll do it ‘next month,’ and we never did. We want people to know we’re open.”
That long-awaited grand opening finally happened today. The establishment actually was to open even earlier. Keister, whose nickname is Betty, and her husband Scott, bought the site at 15 Main St. in February 2020 and strategized a spring opening. It would be a sweets-themed shop of ice cream and candy. They were in the thick of Covid-19 at that point, so the couple kept working on the interior renovations while cleaning out most everything from the former diner.
Not exactly strangers to the restaurant field, the Keisters owned and operated Le Roy Country Club for three and a half years about 25 years ago. Children and the demands of raising a family prompted them to close, she said. Now that the kids are older, the couple decided to give it another try.
Bright yellow walls and a black-and-white checkered floor provide a welcoming, cozy greeting. There is seating for 75 diners, and take-out and delivery are also available. The menu morphed into lunch, dinner, and desserts.
“We kept getting bigger and better ideas … and it just flourished,” she said. “Our objective is to have something for everyone.”
For local patrons, it was apparently worth the wait. Regulars line up for burgers, pizza, chicken tenders, specialty desserts, and the Flying Betty sandwich, Keister said. The burgers are a trio blend of three different cuts of meat, which has made them a hit amongst customers, Mr. Keister said. He deals with a vendor that exclusively provides the meat combo to Sweet Betty’s in the Le Roy area.
Most of the meals are handmade from scratch, such as tenders of breaded chicken breast, a gooey salted caramel cheesecake individually sized, and seasonal desserts and cookies. The pumpkin flavor is the star of the show right now.
One of the most popular dishes is the Flying Betty, a fried chicken breast topped with homemade coleslaw and pickles. That “came from a mistake,” Mrs. Keister said. Staff sampled it and thought it was good enough to put on the menu.
Wraps, fruit and vegetable salads, brownies, and 27 flavors of Perry’s ice cream round out the menu, plus the homemade chocolate and vanilla waffle cones. And several varieties of draft and canned beer, red and white wine, frozen wine slushies, and — especially cool with the teenagers — bubble tea. Just as it sounds, a bubble is placed in the bottom of a glass, tea is added, and the bubble travels up the straw and pops.
Mrs. Keister feels good to know that parents are comfortable enough to drop off their kids for a burger at the place, she said. That’s an indication of what she wanted it to be: a “clean, safe, friendly atmosphere,” she said.
“In that respect, we’ve been very successful; we get a lot of compliments,” she said.
In its short existence thus far, Sweet Betty's has already become a gathering place for the Le Roy community, said Steven Falitico, membership development director of Genesee County Chamber of Commerce.
Falitico sees the restaurant as a great addition to Main Street, Le Roy.
“Small town charm is strong in Genesee County, and it's our local businesses, like Sweet Betty's, that make our communities more enjoyable places to live,” he said. “A special thank you from The Chamber goes out to Gabby Keister, the owner of the establishment. She was born and raised in Le Roy and wanted to make an impact on her hometown. Her entrepreneurial spirit and drive are what made this restaurant possible.”
Hours are 11:30 a.m to 9 p.m. Wednesday through Saturday. For more information, call 585-502-6084.
Photos by Howard Owens.
Top photo: Today's ribbon cutting.
Gabby Keister, her husband Scott Keister, and their son Scott (on left).
Roger Martin typically gets up at 9 each morning, but not this time. He had a wake-up call he couldn’t miss.
“I got up early this morning so I could be here,” the U.S. Navy veteran said Wednesday at Batavia High School. “I think it’s great they recognize the history of the country and the veterans that serve and protect.”
This was the fifth year of the high school’s effort to recognize local veterans with a special red, white and blue ceremony of all things patriotic, from the Pledge of Allegiance and raising of the U.S. flag to heartening music and words of appreciation.
Martin served in the Navy from 1945-1946. He was a petty officer third-class electronics technician. The 95-year-old Batavia resident took part in the school’s Veterans Day ceremony, one day early to provide veterans with some pomp and circumstance by a concert band, orchestra, and uninformed participants.
A flag-raising ceremony, a musical tribute of the “Star-Spangled Banner” and words to honor military service people filled the air on the front lawn. High School Principal Paul Kesler thanked the many veterans in attendance for their service and dedication to this country.
“Men and women like you have protected all of us,” he said. “And we appreciate you.”
Kesler then highlighted veterans who are also on the BHS staff, and gave them a “small token of our appreciation.”
Christopher Gorton is a high school special education teacher and United States Army veteran who served from 1984 to 1992. He earned Army Achievement and Good Conduct medals, and a German shooting award. New to district staff this year, Gorton carries a Commander in Chief’s “challenge coin” that he was given when his unit was honored with its second presidential unit citation from the First Battalion Sixth Infantry Delta Company.
The United States Air Force veteran John Marat is a high school substitute teacher. He served from 1998 to 2005 and met his wife Elizabeth during active duty. Mr. Marat was discharged in 2005, while his wife continued on with military life for 22 years, eventually relocating to the Western New York area.
Don Hawkins is a retired high school special education teacher who served in the U.S. Army from 1969 to1975. He worked at BHS for 30 years and was a specialist 5 during his military service.
Gregory Ciszak is a high school counselor who served for 12 years with the 152nd Engineer Company in the Army National Guard. A staff sergeant and horizontal construction engineer, Ciszak, and his unit were activated to assist with many state emergencies, including snowstorms, floods, and the 9/11 terrorist attack at the World Trade Center.
Earth science teacher Christopher Weicher served in the U.S. Marine Corps from 1987 to 1991. His service included two combat deployments during Operation Just Cause in Panama and the Gulf War. He received two combat action ribbons, a Presidential Unit Citation and a Meritorious Unit Citation while serving with the Sixth Marine Regiment.
Martin wished more people had attended, as he enjoyed the morning, he said. It’s important to honor veterans while they are still here, he said.
“I’m proud to be an American,” he said. “There are not too many of us left.”
Top Photo: Batavia resident Roger Martin, a U.S. Navy veteran, puts his hand to heart during a ceremony to honor military servicemen and women Wednesday at Batavia High School.
Photos by Howard Owens
Vaccine mandates are one thing; testing requirements are another.
Concerning the latter, Genesee County Manager Matt Landers is advising Genesee County legislators to be prepared to make a decision on how to govern the COVID-19 testing mandate that he believes is coming to municipal employees.
“With recently, the stop-start, stop-start 100-employee mandate out there for testing purposes, I have been meaning to reach out and give an update,” Landers said during today’s legislature meeting at the Old County Courthouse.
Landers said he is operating “under the impression” that there will be a testing requirement for all unvaccinated county employees only, with the big question being who will pay for the testing – the county or the individual employees?
“We are developing procedures to gather that data in a more formal manner. We already have a good handle on that number because our own policy internally has been if you wanted to have your mask off, you had to show proof of vaccination.”
He said more “rigorous steps” are on their way, including the need to have vaccination data available for inspection.
“We’re going through that process right now with HR (Human Resources) and implementing a recommendation in the internal side. This is going to be coming before the legislature for consideration on a policy on how we want to handle this because there's a lot of questions out there,” Landers said.
The county manager said some counties are covering testing and some aren’t. He said he will ask the HR manager’s office and public health department to draft some “solid recommendations” on the implementation before getting back to the legislature.
“I can see the arguments going both ways of us providing the testing, and also us not – and there’s good arguments on both sides,” he said in his comments to lawmakers. “So, be ready for that discussion coming up in a few days.”
In other developments, the legislature passed the following resolutions:
The principal changes reduce the current number of units being rented at a location from six to one and set the number of days at 14 or more over the course of a year. These revisions would align properties under the auspices of booking companies such as Airbnb and VRBO with hotels and motels and make them subject to the 3 percent occupancy or bed tax.
The new law takes effect on Jan. 1, 2022 and runs through Dec. 31, 2024.
Not even a year into a new program at Le Roy High School that is focused on student success, Jen Bertrand reported to the Board of Trustees on Tuesday night that several students are already showing great improvement both socially and academically.
Bertrand, the Grade 9-12 Intervention Specialist for the district, is working with 52 students in the Student Success Center. Six are seniors, 10 juniors, 22 sophomores, and 14 freshmen.
Successes look like this:
All of the students in the program deal with anxiety or depression and several have been through traumatic experiences.
Bertrand said the success center essentially provides a "life coach" to troubled students, offering support on getting assignments done, helping with developing good work habits, organization, time management, painting social and mental health, ensuring these skills are transferable to other classes and situations.
"We try to capture those magic moments really showing the students they're not alone," Bertrand said.
Bertrand shared, without revealing names, the feedback she's received from her fellow teachers for the board to read. For example:
She also shared anonymous quotes from students:
Before taking on this new role at the school, Bertrand was the tech coach at the high school. At a board meeting in June, she heard High School Principal Tim McArdle discuss his desire to create an intervention program. The idea resonated with her.
"I thought, 'I want to do that,' she said. "There was just a light in me to do help these students."
Press release:
Although not a well-known branch of municipal government, the Bureau of Inspections impacts each of us on a daily basis. The Bureau of Inspections strives to keep the City free of trash and debris by enforcing local ordinances, inspecting current structures for safety, and ensuring new building construction meets State and City regulations. As a result of this, the Bureau of Inspections is tasked with many different responsibilities including, permit review, site plan review, inspections of permitted work, enforcement, and staffing the City’s three land use boards. With a staff of 3 full-time employees and one part-time employee, the Bureau of Inspections covers the entire City; all 5.2 square miles of it!
Over the course of the next few weeks, we are going to take a deeper dive into the inner workings of the Bureau of Inspections, including permitting, land use boards, and enforcement. Each of these is a portion of the daily tasks that are part of the responsibilities of the Bureau of Inspections, but arguably have the most impact on City residents.
“It is extremely important for residents to understand the role inspections play here in the City of Batavia, “ said Jill Wiedrick, Assistant City Manager. “Residents in Batavia seek a high quality of life in an aesthetically pleasing environment and are affected by what they see when they open their door every day. The Bureau of Inspections' mission is to ensure a City where all residents have a clean, safe environment to live, work, and play.”
City of Batavia Manager Rachael Tabelski today announced the appointment of Michael Ficarella (photo at right) to the position of Superintendent of Water and Wastewater for the City of Batavia.
Ficarella, a lifelong resident of Batavia and has worked for the City for nine years serving in various positions -- most recently as the Senior Water and Wastewater Maintenance Worker.
The Superintendent of Water and Wastewater is responsible for the water and sewer distribution systems, oversite of the Water Plant, the Wastewater Plant, and City owned facilities. The Superintendent is responsible for working directly with the residents, businesses and industries on water supply and sewer discharge.
"Michael has the unique skills and leadership qualities we need in the Bureau of Water and Wastewater. In addition to the daily oversight of the City’s sewer and water systems, he will participate on the City’s management team, capital planning group, and help deliver on the City’s strategic priorities and annual budget,” Tabelski said.
Ficarella will start his new position on Nov. 29 and will work alongside Bill Davis, current Superintendent of Water and Wastewater, for the next four months as Davis transitions into retirement in March 2022. Starting salary is $75,978.
Ficarella holds a Bachelor’s degree in Early Childhood Education from Niagara University and is active with his children’s sports teams. He has coached youth baseball, football and soccer over the years. He currently lives in the City of Batavia with his wife Natalie and their two children, Vincent and Anthony.
The last four superintendents of the department, John Schaefer, Matt Worth, Jim Ficarella and Bill Davis, all retired or will be retiring after long careers with the City. Michael Ficarella is the nephew of Jim Ficarella.
The Genesee County Planning Board has 12 referrals on the agenda – including a site plan review of a proposed 5-megawatt solar system in the Town of Le Roy – for tonight’s 7 o’clock meeting at County Building 2 on West Main Street Road in Batavia.
The board is meeting a day earlier than usual due to Veterans Day on Thursday.
AES Clean Energy, based in Louisville, Colo., is seeking to build the ground-mounted commercial solar array on 38.7 acres of two parcels of land approximately covering 66 acres at 7054 West Main Rd., Le Roy.
The land, owned by Route 5 Storage LLC, care of M.J. Prinzi, is located in an Industrial (I-1) District on the south side of the highway, across from the Keeney Road intersection.
According to submitted documents, the system – consisting of 20,142 modules – will take about four to six months to build after final approvals. It will feature an access road from West Main Road. It also will be classified as a “community” solar farm in that it will provide energy to the existing electric grid and allow local customers to contract for electricity at or below current market rates.
Genesee County Planning Director Felipe Oltramari and staff are recommending approval of the project with modifications centering on the applicant following all New York State Department of Agriculture and Markets construction mitigation guidelines and by relocating the driveway and equipment pads from the middle of the field to the end of the field to minimize the impact upon future farming.
Other referrals of note are as follows:
Photo: Overhead view showing the parcel of land (with blue line around it) earmarked for a 5-megawatt solar system on West Main Road in the Town of Le Roy. West Main Road is along the top and East Bethany Le Roy Road is to the right. Courtesy of Genesee County Planning Department.
For the fourth time since he entered a guilty plea for defrauding funeral home customers, Michael Tomaszewski today was granted a delay in his sentencing by Genesee County Court Judge Charles Zambito.
Zambito said he granted the delay reluctantly, noting that at Tomaszewski's last court appearance he told him that continuance would be the last one.
Tomaszewski fired his previous attorney, Thomas Burns, and had told the court in October that he was going to hire a specific private attorney. He did not hire that attorney and, yesterday, Tomaszewski asked for representation by the Public Defenders Office.
First Assistant District Attorney Kevin Finnell, who is also new to the case, called Tomaszewski's failure to retain a new attorney in a timely manner a "delaying tactic." He asked Zambito to proceed with the sentencing today.
Today, Public Defender Jerry Ader appeared with Tomaszewski and said that doesn't know enough about the case or Tomaszewski to appropriately represent him and requested Zambito give him time to review files he received on a flash drive from Burns. He said he hadn't opened the flash drive yet and doesn't know what documents might be on it, what might be missing, nor how many documents he needs to review to prepare for sentencing.
"I don’t have an idea right now how much time I need," Ader said. "I don’t know how much information I need."
Zambito noted that Tomaszewski owes a substantial amount of restitution to his victims, holding up a binder at least three inches thick that he indicated contains restitution claims.
In the gallery, there were a couple of dozen victims who came to court expectingTomaszewski to finally be sentenced.
"There are people here who have been here repeatedly, victims who want to address the court," Zambito told Ader. "There have been victims who have passed away. I received a notice earlier this week that a victim had passed away and this matter still isn't settled."
"I don't what his release status is or bail," Ader said. "I don't know if my client has always appeared in court or what his track record is."
He said with the prospect of Tomaszewski owing victims money, locking him in jail would mean Tomaszewski, who is employed, would stop earning money that might help pay restitution.
And that is a complicating factor in preparing for sentencing, Ader said. He didn't think a two-week delay would give him enough time to prepare.
Some of the victims in the gallery whispered to each their dissatisfaction with the delay as the hearing proceeded. Outside court, a couple confirmed they were disappointed but also said they understand how the court system works.
"I came in, I figured the same thing would happen," said Harry Tyson. "It's just going to be dragged out. And next time we come, it'd be something different. Dragged out. I guess he's doing his job as a lawyer. But, you know, we'd like to see it ramped up and get it over with."
His wife, Kathy, said, "I heard today that he waived his right to a speedy trial for his benefit. But what about everybody that keeps coming back, coming back? Waiting for something to happen?"
Their family lost $7,000 and have little expectation of being repaid, Kathy Tyson said.
"If people cannot get paid back, then I think he needs to be in jail," she said. "I really do. He can't be out there running around and doing whatever."
Al Kurek said he considered Tomaszewski a friend and was disappointed in him. Kurek said he lost $2,800.
"I don't know what happened," Kurek said. "He got too big, too fast? No idea why, but I don't think it was drugs. I don't know if it was gambling. Nobody knows. It's just more out of the pocket than in. What can I say?"
The former funeral director entered a guilty plea in April -- a hearing that had also been delayed a couple of times -- to counts of grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.
The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years and he was scheduled for sentencing yesterday.
Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, was initially arrested in July 2020. He initially faced more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.
Both personally, and through his company, Acme Holdings of New York, Tomaszewski filed for bankruptcy in Federal Court on Feb. 5, 2020. Combined, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities.
This morning, Zambito wondered if he should revoke Tomaszewski's bail status -- he's released on his own recognizance -- and Ader said he didn't even know enough about the case to represent Tomaszewski on that question.
Zambito said he wanted to make sure Ader had enough time to prepare, he said, because "I'm not going to grant another adjournment."
Ader said there would be "no problem getting the case resolved before the end of the year."
The new sentencing date is Dec. 7 at 10:30 a.m.
Tomaszewski has not missed a court date and when Zambito warned him that if he doesn't appear on Dec. 7, he will be sentenced in his absence.
"I'll be here, Judge," Tomaszewski said.
A motor vehicle accident with possible injuries is reported at Ellicott Street and Jackson Street, Batavia.
Fluids are leaking.
City Fire and Mercy EMS responding.
UPDATE 3:30 p.m.: No injuries or minor injuries.
Press release:
“My name is Meredith Minier and I am a suicide survivor. That was so hard – impossible - to say and write for a long time, but it is true. Many people think it refers to a person who has survived a suicide attempt. Not true. It means we lost someone we loved dearly - and still love - to suicide. Some days it seems like it was a long time ago, and sometimes is seems like my husband, Lee, died just last week. If you know me or anyone who has lost someone to suicide, you are a suicide survivor – in fact, I can almost say everyone who is reading this is a suicide survivor. Perhaps it was a cousin, a work associate, your best friend’s mother, the neighbor down the road, or your spouse or child.
We ‘suicide survivors’ are a unique group of grievers with unique challenges; one of the most challenging is fighting the stigma associated with suicide. Many of us feel frozen, in so much pain we don’t know how to move forward. It is not something our loved ones would want for us. I felt that way for a long time until I finally took action to turn my pain into something positive and help those in my community find the help and resources they need to heal and be productive and honor the one they loved and lost.”
To help the process of healing, The American Foundation for Suicide Prevention (www.AFSP.org) has sponsored the International Survivors of Suicide Loss Day. AFSP sponsors this special day the Saturday before Thanksgiving of each November. The GOW Pathway to Hope Steering Committee and the Orleans County Suicide Prevention Coalition have planned a week of special online activities preceding the 20th for all the residents of Genesee, Orleans, and Wyoming County communities to come together and reach out a hand to those grieving following the loss of a loved one to suicide.
Please go to the following Facebook pages Orleans County (www.facebook.com/OrleansCountySuicidePreventionCoalition), Wyoming County (https://www.facebook.com/wyomingcountySPC) or the GOW Pathway to Hope page (https://www.facebook.com/GOWPathwaytoHope/) for positive thoughts, ideas and activities for positive action during the Week of November 15th.
International Survivors of Suicide Loss day is observed worldwide as a way of showing support to survivors who are struggling. Please light a candle on Nov. 20 from 7-9 p.m. to bring these survivors out of the darkness and into the light with your support. If you are on Facebook, please take a picture and post it on your page and tag it #LightAPathway2Hope2021 so we can share it on our social media platforms. For those who are not on Facebook but would like to share a remembrance of a loved one or share words of encouragement for those who are grieving, you can send an anonymous message via survey monkey and we will share them as we are able: https://www.surveymonkey.com/r/GOWPathway2Hope2021
“Suicide survivor’s put a face to suicide…by sharing their personal stories, they are able to turn their grief into action and communicate the urgent need to take concrete steps to prevent more deaths by suicide. Their openness also sends a message of hope that there is always a tomorrow after suicide.” Author unknown
If you are struggling with depression, anxiety and/or thoughts of suicide it is important to reach out for help. The Care + Crisis Helpline is a free, confidential helpline available 24 hours a day, 7 days a week. You can call 585-283-5200 or text ‘Hope’ to 741741 and they will help connect you with appropriate assistance. For the Genesee County Mental Health at 585-344-1421. The Orleans County Mental Health Department can be reached at 585-589-7066. In Wyoming County you can reach out to Spectrum Health at 585-786-0220 or Clarity Wellness at 585-786-0790. For Veterans, please call the Veterans Crisis Line at 1-800-273-8255 and press 1. If you are having a mental health emergency, please call 9-1-1 for assistance.
You are not alone, there are people who want to help.
As one might expect, City Republicans and Democrats are at opposite ends of the spectrum when it comes to the section of the City of Batavia Charter that deals with the appointment of a City Council ward representative when a vacancy occurs.
Due to the pending resignation of longtime Sixth Ward Council member Rose Mary Christian, there will be an opening on the governing body. Christian is moving out of the southside district (sometime this week, she said) and no longer is eligible to serve in that capacity.
Before looking at the differing viewpoints, here is the wording of Chapter 3, Section 3 of the City Charter:
“Pending such election and qualification of a Council member to fill a vacancy, Council shall fill the vacancy temporarily by appointment of a qualified person who shall be of the same political affiliation as the Council member whose place has become vacant and, if he or she was a ward Council member, a resident of the same ward.”
The appointment of the next person to fill the Sixth Ward seat – at least until the next election – has become a sticking point due to the fact that Christian was a Democrat when last elected but switched to the Republican Party around a year and a half ago.
Richmond: Charter is Very Clear
“The charter is very clear,” he said. “It's very concise, and to the point … since she is a Republican, then the Republicans make the appointment. Furthermore, it’s a non-partisan issue, and some people are trying to make it one.”
When asked if his committee is moving toward finding a replacement, Richmond said a few people have expressed interest in the position.
“Yes, we are. And I might add that if she (Christian) were a Democrat, then the Democrat should make the appointment and I would accept that as a valid appointment,” he said.
Richmond’s comments echo those of City Council President Eugene Jankowski Jr., a Republican, who said the fact that Christian is a Republican now determines the path of the one to replace her.
DiSalvo: Time Frame Isn’t Specified
“This section of the Charter says nothing about when they were elected nor does it say anything about at the time the Councilperson left office,” DiSalvo added.
He took exception with Jankowski’s contention that the Charter is “pretty specific.”
“Jankowski's statement is largely inaccurate,” DiSalvo said. “There is no time frame specified. I find Jankowski speaking as if there is no debate about a time frame that is not listed in the Charter as disturbing -- that the President of Council would interject his own opinions rather than listen to those who wrote the Charter, and the lawyers who must interpret the Charter.”
Speaking of lawyers, City Attorney George Van Nest gave no response when asked by The Batavian about this situation prior to Monday night’s City Council meeting. An email seeking clarification was sent to him this afternoon as well. DiSalvo said that he placed a phone call to Van Nest last week, which went unreturned.
According to DiSalvo, wording and intent need to be considered – a point brought up in a memo from city resident John Roach to City Council. Roach was involved in the drafting of the Charter some time ago.
Rewriting of Charter May Be in Order
“Where wording is not explicitly clear, intent is the default by which we must abide,” DiSalvo said. “It is not up to the interpretation of elected officials, and it is not up to those who have political gain to make such a decision or to speak with such authority as if they are not to be questioned. For those with direct gain from this situation to make decisions about this situation is irresponsible and an abuse of our political system.”
DiSalvo said that regardless of the outcome, this part of the Charter “must be rewritten for clarification purposes.”
Erica O’Donnell, City Democratic Committee chair, said her group believes that a Democrat should be appointed since that was the party the voters of the Sixth Ward chose to represent them when Christian was first elected.
“We also are consulting with an attorney to help us interpret the charter,” she noted.
Reason for Changing Affiliations
Christian has said that she changed parties after not receiving the Democratic endorsement due to her right-to-life stance.
“That was her party for her whole life,” Richmond said. “For the nomination, they gave it to her and then they took it away. She went out and got her own signatures and got on the ballot.”
He said that Republicans didn’t always agree with her, but emphasized that “there is room in our party for differences of opinion.”
“It appears to me that they didn't give it to her because she has a heartfelt stance on abortion. I can very well understand why she switched.”
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