Press release:

The 74th season of live harness racing at Batavia Downs kicks off on Wednesday and opening night features some of the best horses on the grounds, including the Open filly and mare pacers and the Open class trotters. Post time for the first race is 5 p.m.

The Downs will conduct a 43-day meet, with racing on Wednesday and Friday this week, before switching to a Wednesday/Saturday schedule for the remainder of the meet that runs through Dec. 12. Post time for Wednesday is 5 p.m. and Saturday is 6 p.m. Post time for Friday (July 31) is 5 p.m.

Two special Sunday matinee cards are scheduled for Aug. 2 and Aug. 9 when the New York Sire Stakes come to town. Those cards will feature all-stake races that will see the 2- and 3-year old trotting fillies compete on Aug. 2 and the 2- and 3-year-old pacing colts and geldings go to the gate on Aug. 9. Post time for both of these dates is 1:15 p.m.  

The New York Sire Stakes will be the only stake races at the Downs this year as the track's signature race, the $50,000 Robert J. Kane Pace, will not be contested in 2020.

“We look forward to another exciting race meet,” said Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting, the owner of Batavia Downs. "During these difficult times, we’ve made a series of adjustments that we hope will lead to a successful season."

Fans will not be allowed to attend the races at this point due to ongoing concerns and New York State regulations surrounding the coronavirus. However, listed owners of horses in to go will be allowed on the track apron starting opening night as per New York State Gaming Commission regulations.

Listed owners must make a reservation to attend in advance and be put on a list that will allow them to enter. Reservations must be made 24-hours before race time by calling Mary Bucceri at (585) 344-6144 or by e-mailing your request to mbucceri@westernotb.com. Listed owners who register will receive an email confirmation. Security will only let in those who are on the list.

There will be no food or beverage service available, however, owners may bring food, water or soft drinks in until the gaming floor opens. 

Upon arriving at the Downs, a temperature check and health status questionnaire must be completed by each listed owner in the lobby. Once that process is complete, the owner must then proceed through the Park Place Event Center hallway to the apron. No one is allowed to walk through the gaming floor to the apron. Also, only hotel guests will have access to the second floor.

Anyone coming to the track as a visiting owner on the apron or as a trainer, driver or groom in the barn area or paddock must wear a mask at all times and practice social distancing. This will be strictly enforced.

Listed owners only will be allowed in the winner’s circle for pictures if their horse wins while wearing a mask and practicing social distancing.

Also please be aware that any horsemen or owners coming from states that are on the New York State Coronavirus Quarantine List are not allowed to Batavia Downs attend at anytime. 

Wagering will be available at all WROTB branch or EZ Bet locations, WROTB Dial-a-Bet System for account holders and online at bataviabets.com. The Downs signal is also simulcast to a vast number of brick and mortar and ADW betting sites and may also be wagered on through them. Replays of the Downs races can be viewed the following day at bataviadownsgaming.com, where all Downs racing information can also be found.

On the track, all the local horsemen will be back including 2019 driving champion Billy Davis Jr., Jim Morrill Jr., Dave McNeight III, Drew Monti, Shawn McDonough and Ray Fisher Jr. On the training side, last year’s conditioning champ Jim Clouser Jr. brings his stable back along with Maria Rice, Gerry Sarama, Mike Ohol and Ryan Swift.

“This is definitely going to be a different year for us,” said Todd Haight, director/general lmanager of Live Racing at Batavia Downs. “Without fans allowed in the stands, we won’t have any promotions this year like our traditional dollar hot dog and draft days, Family Fun days including the wiener dog races, nightly giveaways and our Labor Day driver’s bike race that goes back to 1978.

"Right now we are happy that the horsemen can continue to work and hope that with constantly improving Covid test numbers in the state, we may welcome back our guests at some point before the meet ends.”

A caller to dispatch reports a small white car with a small yellow dog barking inside is parked near the pharmacy entrance at Walmart. An animal control officer is responding. It's about 82 degrees outside.

UPDATE 1:26 p.m.: "Can I get someone to get me into this car please?" an officer asks a dispatcher. A deputy is responding.

UPDATE 1:41 p.m.: The deputy gained access to the vehicle and the animal control officer is taking the pooch to the Genesee County Animal Shelter. She asked what the initial time of call was -- 1:08 p.m. -- and noted that no one had come out to vehicle while they were there.

UPDATE 1:45 p.m.: The animal control officer asks what the Genesee County Emergency Dispatch Center is showing for the local temperature and the reply is 84 degrees.

UPDATE 2:55 p.m.: A deputy is out with the registered owner of the vehicle at the Genesee County Animal Shelter.

From the Town of Alexander Board:

Genesee County has shared sales tax revenue for many years with its towns and villages. Due to increased capital needs to fund building a new jail and the repair and or replacement of large culverts and bridges throughout the County, a new revenue sharing agreement was proposed where the level of funding for towns and villages would be capped at the amount shared in 2018.

The County would use any increase in sales tax to Fund Capital Projects and if there was a decrease in sales tax the decrease would be shared equally by all parties. The County passed a resolution in 2018 and another in 2019 committing the legislature to sharing sales tax revenue at the 2018 level for years 2020 and 2021 so that the towns and villages could incorporate those revenues when creating their budgets.

Once the COVID-19 pandemic started there were projections of decreased sales tax revenue and the County legislature passed a resolution to rescind the previous resolutions, which committed them to sharing sales tax revenue with the towns and villages for years 2020 and 2021. They had already made the first quarter payment for 2020.

At the same time New York State was short on cash so they decided to not fund CHIPS. CHIPS is money that the state and federal governments provide to reimburse municipalities for road repair and building. We do the road work and then submit the bills for reimbursement; 80 percent is funded by the federal government and 20 percent has been in the past been funded by New York State.

What does this mean for the Town of Alexander 2020 budget?

We have a budget of $1,770,000 for 2020. Of that, $519,000 comes from your taxes; $582,000 from sales tax revenue;, $126,000 from CHIPS; $190,000 from services to other governments, which is plowing and mowing state and county roads in our town; $172,000 from other services and $181,000 from Fund Balance.

We anticipate that the CHIPS reimbursement will be down 20 percent (-$25,200). The sales tax revenue will be down $309,000 if no more money is shared by the County. Also other state aid may be reduced.

We had a highway truck ordered to be delivered in 2020 and on advice from our highway superintendent we cancelled the order, which reduced our expenditures by $221,500, but it also reduced our potential revenue by $15,000 as we no longer have a used truck to sell.

We are looking at ways to reduce expenditures to bridge our current budget gap and if necessary will use more Fund Balance to get us through this year.

As you can see the Water District #5 in the southwest corner of the Town is progressing. The funding for this project is through a federal loan and grant which are guaranteed once we commit to the project and are not part of our Town budget.

Press release:

Washington, D.C. -- U.S. Secretary of Agriculture Sonny Perdue announced last week the U.S. Department of Agriculture (USDA) will launch a third round of Farmers to Families Food Box Program purchases with distributions to occur beginning by Sept.1 with completion by Oct. 31.

The purchases will spend the balance of $3 billion authorized for the program. So far, more than 46 million Farmers to Families Food Boxes have been invoiced and delivered.

“This third round of Farmers to Families Food Box Program purchases is a testament to the great work done by vendors in support of American agriculture and the American people," Secretary Perdue said. "It is also a testament that the program is accomplishing what we intended – supporting U.S. farmers and distributors and getting food to those who need it most.

"It’s a real trifecta, which is why we call it a win-win-win. The efforts of everyone involved form the backbone of the Farmers to Families Food Box Program and its goal to help fill the hunger gap in all of our communities.”

Background:

In this third round of purchases, USDA plans to purchase combination boxes to ensure all recipient organizations have access to fresh produce, dairy products, fluid milk, and meat products.

Eligibility in the third round will be open to entities who can meet the government’s requirements and specifications. Proposals will be expected to illustrate how coverage will be provided to areas identified as opportunity zones, detail subcontracting agreements, and address the “last mile” delivery of product into the hands of the food insecure population.

A notice explaining the solicitation process will be issued in the days to come with a webinar and other educational opportunities provided for those interested in participating. 

In the ongoing second round of purchasing and distribution, which began July 1 and will conclude Aug. 31, USDA aims to purchase up to $1.47 billion of food for the program. For the second round, USDA extended contracts of select vendors from the first round of the program worth up to $1.27 billion. Some contracts were not extended at the vendors’ request or reduced based on information provided by the contractor.

Additionally, in the second round, USDA approved up to $202 million in new contracts, via a new acquisition activity, with select vendors whose offers were not previously accepted due to various issues in their proposals. These distributors were selected to increase the focus on Opportunity Zones in order to direct food to reach underserved areas, places where either no boxes have yet been delivered, or where boxes are being delivered but where there is additional need.

The first round of purchases totaling more than $947 million occurred from May 15 through June 30.

More information about the third round of food box purchasing will be made available on the Farmers to Families Food Box Program website at www.usda.gov/farmers-to-families. Please monitor the website or subscribe for updates.

A motor-vehicle accident has been reported in the westbound lane of the Thruway near mile marker 400 with four people trapped in a vehicle.

Unknown injuries.

Pembroke fire, Indian Falls fire, along with East Pembroke and two ambulances from Mercy EMS dispatched.

UPDATE 10:07 a.m.: The only reason the four people can't get out of the vehicle is they are blocked in by trees. No injuries.

UPDATE 10:14 a.m.: All occupants out of the vehicle.

A working fire is reported at 438 Ellicott St. in the City of Batavia. City fire is responding. Third platoon is called in.

UPDATE 8:17 p.m.: All available manpower at city fire is called to the scene. Town of Batavia Fire Department is asked to stand by in city headquarters on Evans Street. The fire scene is between Ellicott Place and South Swan Street.

UPDATE 8:23 p.m.: Commands calls for a National Grid rep to the scene and a building code inspector.

UPDATE 8:28 p.m.: National Grid has been notified; not ETA provided.

UPDATE 8:42 p.m.: Fire is under control.

UPDATE 8:50 p.m.: National Grid is on scene.

UPDATE 9:14 p.m.: The Salvation Army or American Red Cross, whichever is first available, requested to the scene to assist one adult and two teenagers with lodging. 

UPDATE 9:16 p.m.: Batavia PD has a traffic stop on a vehicle that drove through the fire scene.

UPDATE 9:41 p.m.: Ellicott Street is reopened.

UPDATE 10:34 p.m.:  Engine 11 remaining on scene. Engine 14 returning to quarters.

A caller reports a person is videotaping at the TA Travel Center in Pembroke, saying he plans to post to YouTube, and is threatening to harm truckers and/or their vehicles. Law enforcement is responding. The Center is located at 8420 Alleghany Road.

A caller outside Marshalls in Towne Center at Batavia reports a white male in blue jeans, a grey, button-down shirt, safari hat, and with his face fully covered is walking around putting flyers on cars and "looking suspicious." 

The caller wishes to speak with a patrol officer.

An animal control officer is responding to BJ's Wholesale Club parking lot for a report of a dogged locked inside a gray Chevy Silverado. The engine is running; the window is cracked; the dog is barking. It's about 80 degrees outside today.

UPDATE 12:04 p.m.: The caller reports the driver of the Silverado is leaving and a license plate was provided. The officer says she will call the complainant.

A motorcyclist is down in the roadway and is injured on Snipery Road just south of the railroad tracks. The accident is blocking traffic. Corfu Fire Department and Mercy medics are responding. A first responder on scene requests the train company shut down the track.

UPDATE 11:06 a.m.: The Corfu assignment is back in service. Did not hear an update on the motorcyclist.

It isn't just headstones Michael Tomaszewski is suspected of not delivering to cemeteries but bodies, too, including the remains of a stillborn baby.

Chief Deputy Joseph Graff, Sheriff's Office, said that investigators are looking into multiple incidences of mishandling remains at Tomaszewski's facilities on West Main Street Road, Batavia.

Graff wouldn't elaborate other than to confirm the investigation into the remains of a baby and a veteran.

The investigation into remains being stored at the Michael S. Tomaszewski Funeral Home & Cremation Chapel, and possibly at Tomaszewski's adjoining properties, began in January 2019.

That's when Genesee County Coroner Jeff McIntire received a call from the estranged stepdaughter of Peter Vandetta, a 20-year Army veteran, who died in April 2018.

Ronda Grabowski said she wasn't notified of Vandetta's death immediately, but became suspicious after reviewing his death certificate.

She contacted Coroner McIntire and asked him to find out where her stepfather's body was buried.

McIntire found the death certificate and discovered Vandetta's passing was one of his cases, so he tried contacting the Bath (NY) National Cemetary, where Vandetta was supposed to be interred, to find out if he was buried there. McIntyre said he made a few calls, each time being told there was no record of Peter Vandetta at the cemetery.

He followed up with Tomaszewski and McIntire said the funeral director assured him he had taken Vandetta's remains to Bath and he could provide him with the grave coordinates.

After being told by officials at Bath once again that Vandetta was not lain to rest at the national cemetery, McIntire asked Tomaszewski to provide him with the grave coordinates. But, when pressed, Tomaszewski couldn't do it, he said.

At that point, McIntire turned the investigation over to the Genesee County Sheriff's Office.

A short time later, McIntire received a call from an investigator and was told that the remains of an adult male at been located in the garage at the Tomaszewski funeral home.

McIntire ordered the remains delivered to the Monroe County Medical Examiner's office for positive identification. That ME's office did confirm the remains were Vandetta's.

Grabowski told 13WHAM, The Batavian's news partner, that she confronted Tomaszewski about the situation. She said he told her the cousin who was supposed to handle arrangements never contacted him with instructions on how to proceed.

After the ID was confirmed, a cousin apparently authorized the return of the remains of Vandetta to Tomaszewski, who published Vandetta's obituary on Aug. 6, 2019, with services to be held at the funeral home on Aug. 11. Vandetta is now interred at Bath National Cemetary.

Asked for his thoughts on the case, McIntire, himself a military veteran, said, "You know, I can’t even tell you what my thoughts are. I don’t even understand. I don't know. I hope the system works and we’re able to find out what happened and what went wrong."

Graff said there has been an active investigation into the Vandetta case since January 2019, and he also confirmed that the Sheriff's Office has been contacted about the possible inappropriate handling of other human remains. Graff declined to say how many complaints there might be but did confirm that one involves a stillborn baby.  

District Attorney Lawrence Friedman said he has been aware of the investigation but has not been handed a case yet by the Sheriff's Office so couldn't comment further on possible charges.

Chief deputy Graff also said he and other investigators were kept busy fielding calls from more possible victims of Tomaszewski.

On Thursday, the Sheriff's Office announced the arrest of the funeral director on about 200 charges involving the alleged misuse of prepaid funeral arrangement funds and Tomaszewski's possible failure to purchase headstones and gravesites as paid for and promised to clients.

It's alleged that in the initial set of charges, Tomaszewski may have misused about $525,000 in funeral funds he deposited.

Earlier this year, Tomaszewski and his company, Acme Holdings of N.Y. Inc., filed for Chapter 11 bankruptcy. He lists $1,094,346 in assets against $3,242,390 in liabilities.

If convicted, Tomaszewski will certainly be ordered to pay restitution to victims. Restitution cannot be discharged, like other debts, in bankruptcy court.

Previously: Local funeral director charged with stealing money from customers

A caller reports about six people -- males and females -- are trying to gain access to vehicles in the Aldi parking lot. City police just arrived on scene. The caller said they were trying to use coat hangers and other implements. They were trying to get into a Prius and had attempted to get into a Lexus, the caller said.

A caller to dispatch reports numerous unknown males are sitting on the tailgate of a truck in her driveway drinking. The location is the 1200 block of Gilmore Road, Indian Falls.

In the age of COVID, when many indoor activities are curtailed and we're supposed to keep our distance outside, Debra Webster decided she could use the park-like area behind her business, Dave's Ice Cream, on West Main Street, as a place to give people something to do.

This week, she kicked off a summer concert series featuring Austin Wahl, a guitar performance student at the Eastman School of Music in Rochester.

Webster plans free concerts from 6:30 to 8 p.m. on Thursday nights during the summer.

A caller to dispatch says a male stole a microwave oven about an hour ago from a yard sale on Bogue Avenue in the city. Police are responding.

A middle-aged man has been run over by a tactor at a location on Upton Road, Batavia.

He is conscious and alert.

Mercy Flight is on in-air standby.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 11:33 a.m.: A landing zone is being established for Mercy Fight.

UPDATE 11:36 a.m.: Mercy Flight #7 is on the ground.

UPDATE 11:55 a.m.: East Pembroke assignment is back in service.

Press release:

Assemblyman Steve Hawley is calling out his state Assembly colleagues for allowing atrocious bills to be passed in the state Legislature late last night.

Among them is automatic voter registration, which automatically registers New Yorkers to vote whenever they interact with what are determined as "qualified" government agencies like the DMV or Department of Health.

A Step Too Far

“I’m all for ensuring we participate in our democratic society to the fullest; that’s the only way democratic societies can work,” Hawley said. “But what was done last night is simply a step too far.

"Superseding the state constitution and writing far-reaching bills, with few checks and balances to ensure they cannot be taken advantage of leads me to believe this will cripple the voting system more than uplift it. Well intended or otherwise, the Downstate legislators need to realize they’ve just opened up a can of worms that will not yield good results.”

In addition to that, the state Legislature passed a redistricting bill that would amend the state constitution and allow for further redistricting in the state. The move comes in a suspected effort on the part of the majority to draw new districts that would be politically advantageous to them.

Disgraceful Politics

“It’s a gross misstep in the use of authority and Majority power, and will almost certainly mean that many voices are at risk of being unheard in the future,” Hawley said. “There really is nothing more disgraceful in politics than trying to uphold your own power and keep the people in the dark.”

Furthermore, the Assembly Majority continues its grip on its monopoly of power by refusing to remove the governor’s emergency powers that he claimed at the start of the COVID-19 pandemic in New York. With these powers, he’s continued to hamper businesses like bars and prevent them from reopening and supporting the economy.

The Beef About Chicken Wings

He insists that people order food while ordering alcohol but claims that chicken wings are not substantial food for bars. He added that sandwiches were the "lowest level" of substantive food. 

“Chicken wings are a Western New York food, so this feels incredibly personal to me and my constituents,” Hawley said. “We all know the governor’s ‘Big Brother’ method of governance and one-size-fits-all solutions are his modus operandi, but at a time where people are trying to responsibly reopen and follow health codes as they have been instructed, the governor and his administration continue to curtail the attempts of honest workers getting back to a normal routine. It’s despicable.”

From Sen. Michael Ranzenhofer:

I was hopeful that the recently completed special session of the legislature would deliver strong results for working families and small businesses across Western New York.

Unfortunately, despite continuing economic uncertainty and ongoing confusion regarding reopening the state, the State Senate Majority used this session to advance a blatantly political agenda that will do nothing to address the problems so many people face.

To make matters worse, they actively opposed and blocked legislation to rescind the Governor’s emergency powers. They also blocked legislation that would increase penalties for assaulting police officers.

Perhaps the most disappointing aspect of the session was the Senate Leadership’s voting “reform” proposals. Senate Bill S8806, made registering to vote for certain people easier by mandating that certain state agencies automatically ask customers if they would like to register to vote.

While on its surface this is an admirable goal, the legislation only allows this to be done by certain agencies.  For example, the New York City Housing Authority would be required to ask people to register to vote, but the DEC would be forbidden from registering someone getting their hunting license.

To be clear, I have supported legislation that has done this across the board but picking and choosing certain state agencies and not others is wrong.

Another bill, S8833, even went so far as to amend the voter approved Independent Redistricting Commission. The changes would eliminate requirements that would prevent one political party from having total control of the process.

Furthermore, the Senate Majority increased the threshold needed to veto a gerrymandered redistricting process. The sponsor of the bill and Deputy Majority Leader went so far as to say that the minority should not have a say in the process. This is not only surprisingly arrogant but flies in the face of core principle of America’s democratic-republic system of government.  

To make things worse, these bills were introduced within the last week and rammed through with virtually no public input. Unfortunately, this has been a staple of this majority’s style of government.

Despite claims of being more inclusive and respectful of the whole state, the current majority has made it clear that their only concern is advancing their political agenda.

While this week’s session was extremely frustrating, I will not stop advocating for the residents of Western New York and working to support its hardworking families and small businesses.

Sincerely,

MICHAEL H. RANZNEHOFER

State Senator - 61st Senate District