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Oakfield lawmakers reportedly are nearing a revised agreement that would end a months-long standoff over the amount the town is required to pay the village for fire protection service offered by the Oakfield Volunteer Fire Department.

“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:

• Scheduling of a public hearing for 5:30 p.m. Nov. 22 at the Old County Courthouse for citizen input on legislators’ desire to replace the county’s hotel and motel occupancy tax law to include short-term residential lodging sites. The measure had been recommended for approval last week by the legislature’s Ways & Means Committee.

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.

• An agreement with the City of Batavia to apply for a grant through the Water Infrastructure Investment Act for necessary renovations and repairs at the city’s Water Treatment Plant. The Batavia City Council passed its resolution on Monday night. The WIIA Act grant provides up to 40 percent of capital project costs. The WTP projects are estimated to cost around $3.4 million.

• Appointment of Chad Brade of Oakfield to fill an unexpired term as county coroner until Dec. 31, 2022, and Chandy Kemp to the board of directors of the Genesee County Economic Development Center.

• Acceptance of a $176,662.14 grant from the New York State Department of Health for the Genesee County Health Department to promote and increase COVID-19 and other vaccine initiatives, and funding for COVID-19 vaccination clinic operation costs.

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:

• A student who felt he had no friends and set a goal this year to make at least one friend.  He's joined a club on-campus of kids with a similar gaming interest and is making friends.
• There is another student who felt inhibited but has now part of a school music program.
• There is a student who is motivated to improve his grades because Bertrand arranged for him to meet a favorite rock star via Zoom if he produces a favorable report card.
• And there is the student who at the beginning of the year was too embarrassed to ask for help, too embarrassed to participate in peer tutoring.  Now he's a campus advocate for peer tutoring.

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:

• "The work that Jen has been doing with our students in her program is genuinely monumental. I have seen a significant correlation between the students she is working with and an increased amount of work completion, communication, improved classroom behavior, and overall work ethic. For example, one student, in particular, has been working incredibly hard. He is focused in class, participates in discussions, and thoroughly completes his work. While he still has some off days, I am confident that the work he is doing with Jen has made a huge impact."
• “I have noticed many positive changes in the behaviors and attitudes of the students enrolled in the 9-12 Learning Center with Mrs. Bertrand. Most notably, the students interact with me more, ask questions and advocate for themselves. In general, their attitude toward school is much more positive, like they are beginning to believe in themselves. Mrs. Bertrand was made for this position and she works really hard to support our students academically, but with social-emotional health issues.”
• “As a teacher who has some repeat customers, I have seen a significant academic improvement in the students that I had last year that are now in the learning center. Not only has assignment completion improved, but the quality of work has improved as well. When a student puts on an assignment that one of the things they are grateful for is Mrs. B, you can tell they see, and are proud of, the improvement too.”

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:

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:

• 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. 

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

City Republican Committee Chair Rich Richmond (photo at right) told The Batavian today that the matter is cut-and-dried: Christian’s successor should be a Republican.

“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

On the other side, Sammy DiSalvo (photo at left), a member of the City Democrat Committee, pointed out today that the Charter doesn’t specify what time frame it is referring to, “which leaves the interpretation up to whoever is reading it to add their own time frame.”

“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.