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:

• A site plan review for a 1,944-square foot (81 by 24) addition to the existing building owned by Gadd Properties (Alexander Equipment) at 3266 Buffalo St., Alexander;

• A site plan review for the Burning Barrell BBQ restaurant to be operated by Nicholas Rada at 10 East Main St., Corfu;

• A site plan review and area variance request for Harrington’s Farm Market to replace an existing greenhouse with a new 2,304-square foot (48 by 48) greenhouse on its property at 5282 Clinton St. Rd. in the Town of Stafford;

• A sign permit request from Pierrepoint Visual Graphics, Inc., of Rochester, to place new signs for a proposed UR Medicine office building at the Gateway II Industrial Park at 7999 Call Parkway in the Town of Batavia.

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. 

Byron-Bergen Central School sports fans are abuzz these days thanks to the exploits of the Lady Bees girls soccer team that will compete in this weekend’s New York State Public High School Athletic Association Class C tournament.

Coach Wayne Hill’s team has advanced to the state’s Final Four by virtue of its three most recent post-season victories:

• 4-1 over Harley-Allendale-Columbia for the Section V Class C2 championship;

• 3-2 over previously undefeated Warsaw in a Class C crossover match;

• 1-0 over Frewsburg of Section VI over the weekend in the Far West Regionals.

The Lady Bees, 19-3, will be riding that momentum into a 10 a.m. Saturday battle against Carle Place (Long Island) of Section VIII. The game will be played at Homer High School.

The winner will play for the state title at 10:30 a.m. Sunday at SUNY Cortland versus either AuSable Valley or Elmira Notre Dame.

“This is the farthest a Byron-Bergen team has ever gone,” Hill said, adding that the sectional crown is the school's first since 2013. “We never made it past regionals before. So, this in unchartered territory for us.”

Hill took over as varsity coach in 2015 after serving as an assistant in Batavia and has built a powerhouse squad led by eighth-grader Mia Gray, an elite talent who earned Genesee Region Player of the Year honors with league-leading 27 goals and 18 assists.

“She drives the team,” Hill said, speaking of Gray. “She’s a fantastic young player who is incredibly gifted with the ball. She never turns it over. She sees the field very, very well – and she’s an exceptional dribbler, passer, shooter and defender.”

Gray has plenty of support, Hill was quick to add, in sophomores Mackenzie Hagen (21 goals) and Emma Starowitz (14 goals and 11 assists), junior defensive standout Ava Wagoner and eighth grader Elizabeth Starowitz -- a jayvee call-up who scored her first varsity goal in the 3-2 win over Warsaw.

In the victory over Frewsburg, freshman Ava Gray (Mia’s sister) scored on a penalty kick late in the first half for the game’s lone goal. Ava Gray has six goals this season.

And there’s senior goalkeeper Brooke Jarkiewicz who has given up only 12 goals in 22 games while making 109 saves.

Statistically, the Lady Bees have dominated, scoring 80 goals in their 22 games while allowing 12 goals. Their three losses were by 1-0 scores.

Other members of the team are seniors Hallie Wade, Sasha Schramm, Alayna Streeter, Emma Will and Mikaylah Pocock; juniors Julia Will, Emma Dormann, Grace Capostagno, Kendall Phillips and Stella Briggs; sophomores Megan Zwerka-Snyder, Victoria Rogoyski and Novalee Pocock; freshman Ashley Schlenker-Stephens, and eighth graders Grace Diquattro and Megan Jarkiewicz.

Gina Gray, Grace Campbell and Luke Audsley are the assistant coaches.

With so many players set to return for at least a couple more seasons – plus strong modified and junior varsity programs – the future looks bright for B-B girls soccer.

“We are going to be good for a while,” Hill said.

Submitted photo: Byron-Bergen varsity girls soccer team gather for a team picture following their Far West Regional victory over Frewsburg.

Senior co-captain Emma Hill was the difference Tuesday night as the Fillmore Lady Eagles turned back the Alexander Lady Trojans in four sets in Section V Class D girls volleyball crossover competition at Pavilion High School.

Fillmore’s 25-19, 25-23, 24-26, 25-22 victory puts the Allegany County team into the Class D title match against undefeated Pavilion at 6 p.m. Thursday at Caledonia-Mumford High School.

“(Hill) was spectacular,” said Alexander Coach Marcia Hirsch this morning, speaking of the 6-foot-1 middle hitter who was the Class D3 tournament MVP. “I don’t have the stats in front of me but she had a lot of kills (scoring hits), and we just couldn’t stop her.”

Hirsch said her squad wasn’t at the top its game, but battled back from early deficits in the sets to stay in the match. In Alexander’s third set win, sophomore Alyssa Kramer served the last five points as the Lady Trojans rallied from a 24-21 deficit.

Kramer and senior co-captain Sam Sawyer led the way for Alexander, which finishes at 19-4 after capturing the school’s first sectional championship in 42 years.

Despite the loss, Hirsch said she’s pleased with the team’s progress.

“I'm really happy with where we are,” she said. “I think it takes some time. We haven't won the title for so long that kids almost didn’t know what they would be playing for afterwards. But now they experienced it and, hopefully, we can do it again soon.”

She said it would have been great to advance, but the team achieved its primary goal of winning the Class D1 title.

“Our goal was to get that (Section V) block and I think after that it was kind of like, ‘Oh, we're still playing,’” she said.

Kramer will be back next season as will juniors Julia Yax and Melanie Pohl and sophomore Riley Powell.

“And we’ve got some good jayvee players ready to move up,” Hirsch said. “We’ve got a lot of work to do, but I think we’ll be alright.”

The winner of tomorrow night’s match between Fillmore, 13-6, and the Lady Gophers, 23-0, will move into the Far West Regionals against Chautauqua Lake of Section VI at 4:30 p.m. Saturday at Le Roy High School.

We tried the Facebook comment plug-in and while it achieved the goal of increasing the number of comments on the site, it was also riddled with spam.

So we tried Disqus and many people find it confusing and difficult to use. I had complaints about an inability to login and with my personal account (instead of the moderator's account), I couldn't log in.

So now we're going back to our old, content management system's built-in comment tool.

Doing so does bring back a feature that was popular with frequent commenters when we used it before -- the "latest comments" box on the left side of the page.  

As I said when we switched to Disqus a few weeks ago: 

The rules remain the same:

• You must post using a real name (no business names, no alias).
• No personal attacks.  No name-calling.
• No profanity.
• No comments ridiculing, mocking, or insulting other people because of who they are.
• No misinformation/false information.

We expect community conversations to be productive and respectful.  If you want to spout invective and "alternate facts," that's why Facebook exists (though we also police comments on The Batavian's Facebook page).

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.

Legal Notice:

Please note that the Genesee County Agricultural and Farmland Protection Board will be meeting on Tuesday, November 16, 2021, at 9:00 AM in the Large Conference Room of County Building 2, 3837 West Main Street Rd., Batavia, NY 14020 to discuss the review of the Smart Growth Plan and discuss potential options for updates or changes to the plan that protects the County’s vital and valuable agricultural resources.  

Agenda and meeting materials are available upon request from Erin Pence, Deputy Director of Planning at Erin.Pence@co.genesee.ny.us or (585) 815-7901.

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.”

Press release: 

Assemblyman Steve Hawley (R,C,I-Batavia) is expressing deep concern after yesterday’s sudden announcement six prisons throughout the state would be ordered to close.

The New York State Department of Corrections and Community Supervision (DOCCS) announced six of their facilities will close on March 10, 2022. The closures announced were Ogdensburg Correctional Facility, Moriah Shock Incarceration Correctional Facility, Southport Correctional Facility, Downstate Correctional Facility, Rochester Correctional Facility, and Willard Drug Treatment Campus. 

“The sudden announcement of prison closures throughout the state was disrespectful both to employees, who will now have mere months to either relocate or find new jobs, as well as the local governments and communities who will have to quickly plan for the consequences of these closures,” said Hawley. “With all that our corrections professionals have endured in recent times, including an increase in violent incidents against them in the midst of a pandemic, they deserve better than to have their lives, careers and communities upended so abruptly.”

While dismayed by the news of prison closures, Hawley was glad to see a bill he sponsored signed into law which prohibits the practice of ‘double-bunking’ in prisons. Hawley supported the legislation in order to protect the welfare of corrections officers, prison staff and those incarcerated.  

“Double-bunking has jeopardized the well-being of corrections professionals and inmates alike, along with the ability of prison staff to effectively supervise the activities of prisoners. My hope is that banning this practice will aid in reversing the ongoing trend of rising prison violence throughout the state and ensure safer conditions for all,” said Hawley. 

Photos and story by Philip Casper.

Spike Cohen, 2020 Libertarian Vice Presidential Candidate, visited The Firing Pin in Bergen to raise money for the Erie County Libertarian Party in an event called “Shoot Guns With Bazookajew”.   Duane Whitmer, Erie County Libertarian Party Chair helped facilitate the event and while there, Spike introduced himself to everyone at the shop and listened while many voiced their concerns about the state of affairs in NY, and the United States as a whole.  Topics ranged from vaccine mandates to gun control, to widespread government overreach.

Cohen stated “We aren’t going to be able to set NY free if we continue to vote for the people that got us in this mess.  Republican, or Democrat.  There is an alternative out there, and this is it. You are the power.”  Whitmer, who recently ran for Erie County Comptroller said “Bringing a pro-second amendment candidate to one of the biggest defenders of the second amendment in the country was a wonderful experience and I’m glad to be a part of it. I’m thankful for the guys at The Firing Pin for all they do.”

Pat Kimball, owner and lead instructor of First Line Defense delivered a safety message before everyone entered the range, and gave brief one on one training sessions to promote safe, and proficient firearm handling.  The libertarian party believes that every person has a right to arm themselves in self-defense.

Statement from Assemblyman Steve Hawley:

The results of last Tuesday’s elections in our state and throughout the nation reflect a rejection of overreaching, burdensome policies that stifle economic growth and jeopardize public safety, and a desire for a return to kitchen-table governance. America is a nation of opportunity, and the anti-growth, tax-and-spend policies of the Majority are antithetical to the spirit of entrepreneurship that has made our nation the greatest on this planet. This year, Americans rejected socialism and voted for leaders who believe in hard work and the pursuit of the American Dream, in what I hope is just the beginning of a reclamation of our government by people who believe in our constitution, in our way of life and in our free markets.

Seeing voters soundly reject ballot measures 1, 3, and 4 was incredibly heartening, and an indication that the public has grown tired of political gamesmanship and one-party rule in state government. Our government at the state and federal levels was designed to be collaborative in its deliberations, with a minority party able to check the power of the majority, and these proposals threatened that delicate balance of power. By rejecting these proposals, voters chose a path forward for New York that preserves the voice of rural, upstate New York and maintains reasonable safeguards against our electoral and redistricting processes. 

What people want and expect from their government is simple; attention toward matters that jeopardize the well-being of themselves and their loved ones, and the protection of their right to lead their lives in their own way, follow their passions and provide for their family. By rallying against the law enforcement professionals who keep our communities safe, putting up obstacles to success in people’s careers and businesses, and implementing overreaching mandates that went too far in restricting their liberties, the Majority showed their priorities were not in line with those of the average working New Yorker. That is exactly why I will continue to do everything I can to stand up for our law enforcement, our liberties, and our ability to work hard and change the world through innovation. Our liberties and maintained public safety, which allows us to freely exercise them, are what make America the greatest nation on earth. It is my hope to see that as time passes, as a state and as a nation, we become even greater, freer, and safer than we’ve ever been before.

Press release:

Western Region Off-Track Betting (WROTB) and Batavia Downs Gaming announced today that a recently held celebrity bartending night  raised $5,2oo in support of Connor O’Neil and his family in their battle against cancer.

On October 29th, a celebrity Bartending event was held at the Labatt Blue Zone at 34 Rush inside Batavia Downs.  Former Buffalo Football Star Thurman Thomas, for whom the bar is named, was there along with Buffalo Hockey Legend Danny Gare.  Media Personalities DJ Jickster from 97 Rock, Patrick Hammer from WGRZ and Dave Greber from WIVB were also in attendance.  Funds were raised from a portion of sales made at the restaurant between 8:30pm and 10:30pm as well as via a live auction for autographed sports memorabilia.  Items that were auctioned off included an autographed Dylan Cozens Jersey, Autographed Kyler Murray Helmet and Autographed Thurman Thomas Ball and Jersey.

“We were honored to help raise money for such a worthy cause, “said Batavia Downs Gaming’s President and CEO, Henry Wojtaszek.  “It was great seeing so many well known personalities like Thurman Thomas, Danny Gare, DJ Jickster, Patrick Hammer and Dave Greber come out in support of the Connor Strong Foundation.  We are encouraged the number of folks that came out to help raise money and awareness that evening.  The people of Western New York are so generous and we are lucky to live in such a caring community.”

“We’d like to thank Batavia Downs & Gaming and Henry Wojtaszek for an amazing night,” said Connor’s Uncle Kevin O’Neil.  “We are deeply humbled by the event and realize how fortunate we are to live in Western New York and to be surrounded by the good people that were with us that night.  My Nephew, Connor, and the vision for the Connor Strong Foundation will both succeed because of the people who are here to help support those affected by childhood cancer.  The kindness in this world can be overwhelming and Friday Night was a testament to that.”

Pembroke and Indian Falls Fire responded to a car fire on Main Road, Pembroke, in front of Pembroke Fire Hall at 10:23 a.m.

The fire was extinguished quickly.  Corfu Fire was also dispatched and later canceled.

Photos submitted by a reader. 

The City of Batavia is staying with Grove Roofing Services of Buffalo as it embarks on replacing the flat roof portions of its police station at 10 West Main St.

City Council, at Monday night’s Business Meeting at the City Hall Council Board Room, approved a resolution awarding a $102,890 contract to Grove Roofing and also to expend an additional $25,000 from the Facility Reserves fund as a contingency to the project, which is being managed by Architecture Unlimited of Clarence.

City Manager Rachael Tabelski reported that six bids were received, ranging from Grove’s price listed above to $190,000.

According to a memo from Maintenance Superintendent Ray Tourt updated on Nov. 2, Grove Roofing has successfully completed the City Centre Roof I project and is almost done with the City Centre Roof II project.

“We have generally been satisfied with their work and are confident they can perform the work on the PD Flat Roof Replacement,” Tourt wrote.

He advised that the existing roof sections over the 1960s addition and over the rear vestibule are in need of replacement at the current police station in the Brisbane Mansion (pictured above). His memo indicates that the roof is no longer waterproof and the insulation is saturated.

In other developments, Council:

• Approved an amended fee schedule to adequately compensate the city for the cost of inspection and processing of construction permits and related licenses. The changes will take effect on Jan. 1, 2022.

Assistant City Manager Jill Wiedrick, who coordinated the process, said the bulk of the changes focused on establishing flat fees to make these types of costs “more predictable.”

The fees cover construction, additions, alterations and renovations for both residential and commercial projects in areas such as roofing, window and door replacement, driveways and parking spaces, siding, fences, utility sheds, pools, central air conditioners, electric generators and heating systems.

Other covered areas are demolition, dumpsters, commercial and residential building permits, engineering cost recovery, certificate of occupancy/compliance, signs, zoning, land subdivision, a variety of plumbing fees and permits, and contractor licensing.

Council member Robert Bialkowski said the changes are necessary as an “equalization” measure and to bring the fees in line with the time spent by city staff. He added that the city’s new computer software will make the process more efficient.

All Council members except Rose Mary Christian voted in favor of the amendments. Christian reiterated what she had said at a previous meeting that now was not the time to put more financial burdens on residents.

• Approved resolutions that put the city in position to partner with Genesee County to apply for a Water Infrastructure Investment Act grant that would pay up to 40 percent of needed improvements at the Batavia Water Treatment Plant. The measures stipulate that the city would be the lead agency in the grant application process.

Tabelski said the grant would allow the city and county to apply for the full amount of the project, which actually is many projects rolled into one at an estimated cost of $3.4 million. If awarded, the grant would cover about $13.6 million of the total expense.

She also said the county will fund the WTP projects in cash on a quarterly reimbursement basis to the city per the municipalities’ 2019 Operation and Maintenance agreement. City staff currently operates and maintains the facility, while the county assumes responsibility for those costs.

• Heard that Tabelski will be getting together with a work group on Nov. 23 to go over submissions received in regard to naming rights of the Batavia Ice Arena on Evans Street. She said that she knows of at least one entity (business) that responded to the request for proposal. The timetable calls for a recommendation to be made to City Council in December or January.

The City of Batavia’s police force needs to be at full strength because “it’s getting terrible out there,” a longtime civil servant said tonight at what looks as though will be her last meeting as a member of City Council.

Sixth Ward Council member Rose Mary Christian, when she heard that three officers have left the Batavia PD for policing jobs in other communities, asked City Manager Rachael Tabelski for the reasons surrounding their departure. Then, at the end several minutes of discussion, she encouraged city leaders to do what they could to hire and retain new recruits.

“I hope my colleagues will give a raise to hire more police … they do deserve it,” Christian said.

While providing Council with a list of updates from Batavia Ice Arena door replacements to the opening of bids for renovation of Jackson Squarer to software updates for utility and tax collection, Tabelski mentioned that the police department is close to evaluating Civil Service test results to hopefully fill the open spots.

(By the way, the city is looking to hire four firefighters as well, and in both instances, navigating through the Civil Service process.)

That touched a nerve with Christian, a staunch advocate for the police and fire departments.

When Christian asked why they left, Tabelski replied that is was for “multiple reasons,” including more money and benefits and the ability to be closer to their families. The city manager did note that Batavia police officers do not receive lifetime healthcare – something that was a benefit in years past.

Tabelski said that once Civil Service test scores are published, Police Chief Shawn Heubusch will be able to determine the number of qualified candidates.

Council member John Canale said he agreed with Christian, but suggested that the board work with Tabelski to look at the current pay and benefits package, and compare that to other similar size cities. He noted that metropolitan cities are a “completely different environment.”

Christian responded by saying that she believed “the majority of (criminals) are coming from Buffalo and Rochester” and blasted the current bail reform law as “ridiculous.”

Council President Eugene Jankowski Jr. asked if the city would be able to recoup any of the money it spent on the training, including enrollment in the police academy, for those who left the department.

Heubusch explained that if someone was hired as a lateral transfer that would apply and, in this case, one of the three fit into that category. He said he has made a request for reimbursement from the Town of Greece and is waiting for a response. The other two were hired off the Civil Service list, so there is no option for any return of city expenses.

Following the meeting, Heubusch said the Civil Service “bureaucracy” actually restricts the hiring of potentially successful officers. He said that of the about 120 who signed up for the most recent test, he’ll be fortunate to get one or two that complete the process of testing well, and passing the physical agility, psychological and other tests.

The chief mentioned that all police agencies across the state called for an overhaul of Civil Service during their work with community partners on former Gov. Andrew Cuomo’s NYS Police Reform and Reinvention Collaborative initiative.

Currently, the Batavia PD has 29 officers with the three vacancies and one position frozen as a result of negotiations with the union.

With Rose Mary Christian stepping down after a nearly 30-year career as a member of the Batavia City Council, the question becomes, “Who is going to replace her, even if it’s on a temporary basis?”

Speaking by telephone following tonight’s City Council Business Meeting, Council President Eugene Jankowski Jr. believes that Chapter 3, Section 3 of the City Charter is clear: Christian’s seat should be filled by a Republican who lives in the Sixth Ward (southeast portion of the city).

Batavia resident John Roach, however, in a memo dated Nov. 5 to City Clerk Heidi Parker – and obtained by The Batavian – said he believes that the person should be a registered Democrat. Roach was involved in the drafting of the City Charter several years ago.

A call to City Republican Party Chair Rick Richmond was not returned by the time of the posting of this story.

The reason for the difference in opinion is because Christian was a Democrat when elected to her most recent term and then changed her affiliation to a Republican.

For the record, the City Charter reads as follows:

“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.”

Jankowski emphasizes the part where it states “of the same political affiliation …” as the basis for his belief that a Republican is next in line.

“And that's pretty specific,” he said. “It tells me, what are you now and your seat just became vacant. It doesn't say what you were five years ago when you ran one time? It doesn't say anything like that. It doesn't say the party of which you are elected under. She has been a Republican for the majority of her recent term.”

Roach’s memo indicates that “the intent of the Charter was that the affiliation at the time of taking office should be the one to make the temporary appointment, and that would be the Democrat Party. Unless there is a NY State law that states differently, I think the intention of the voters two years ago should prevail.”

That’s just a citizen interpreting the Charter, Jankowski said, “but he (Roach) has no authority to interpret the charter to do anything about it.”

“He's just an outside observer who once worked on the commission that says he thinks this is what the intent was,” Jankowski added. “But that doesn't say that. Our marching orders are pretty specific. It says replace them from the party of which they were when they left. It's pretty specific. It doesn't talk about in the beginning of their term; it talks about what they are today when they resigned.”

Most likely, this issue will be the topic of debate in the near future as Christian said she hopes to relocate this week, making tonight’s meeting her last. City officials previously announced that a farewell party for her will take place from 5:15 to 7 p.m. Nov. 22 at the City Hall Council Board Room.

When it comes to Christian’s contributions to city government, Jankowski said he admired her tenacity despite not always seeing eye-to-eye on the issues.

“She'll be missed. I mean, she's a big advocate,” he said. “She's my ward councilperson … and she’ll be missed by the Sixth Ward. She's been a fighter for our ward for as long as I could remember.  And she's always done her best to represent the public and to, you know, do her best on Council. So, she'll be sorely missed.”

When asked if he was going to miss the times when they butted heads during the meetings, Jankowski said, “I will, because I like a spirited debate.”

“I think it's a good thing if people disagree and respectfully hash it out. I don't have a problem with that part of the process. I welcome that.”

Pressed about the fact that he has had to rebuke her at certain times, Jankowski said it was his job to keep the meeting moving in the right direction.

“Sometimes things get off track and you've got to bring it back. I understand and I respect her opinions, but if it’s not appropriate at the time, and if it's not on the agenda, I mean, we’ve got to move forward. We can only go so far. We've got to come back to the meeting.”

Photo: Rose Mary Christian, right, speaks with Assistant City Manager Jill Wiedrick, left, and Council member Kathleen Briggs prior to tonight's City Council Special Conference meeting. Photo by Mike Pettinella.

Quentin Isiah Bloom, 24, of North Spruce Street, Batavia, is charged with criminal obstruction of breathing, unlawful imprisonment 2nd, and false personation. Bloom is accused of getting into an argument at 1:35 a.m., Nov. 3, at a residence on South Lake Avenue, Bergen, and of pushing a person to the ground and getting on top of the victim, which obstructed the victim's breathing.  The victim managed to break free, according to the Sheriff's Office, and Bloom pushed close the door of the apartment they were in, preventing the victim from leaving. A deputy on scene at that time managed to push the door open and separate Bloom from the victim.  Bloom allegedly provided the deputy with a fake name.  He was arraigned and ordered held in jail.

Dominque Sincer Betancourt, 19, of Lincoln Avenue, Rochester, is charged with petit larceny and criminal mischief. Deputies responded to Walmart at 3:14 p.m., Nov. 7 for a report of a larceny. Betancourt is accused of throwing merchandise outside of the store without paying for the merchandise. He was released on an appearance ticket.

Edward Joseph Allen, III, 32, of Pin Tail Crossing, Farmington, is charged with grand larceny 4th, DWI, and driving with a BAC of .08 or greater.  Allen allegedly stole a debit card from another person at 2:22 a.m., Nov. 6, at a residence on Emily Court, Bergen.  Allen is also accused of driving drunk the morning of the larceny incident. He was arrested by Deputy Kenneth Quackenbush and Sgt. Mathew Clor.