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Little did Jeff Boshart know that his offer to help “keep the doors open” at the Genesee County Airport in 1982 would turn into a successful career in avionics as owner of Boshart Enterprises & Aircraft Services at the East Saile Drive facility.

Boshart, a Corfu resident who was living in Lancaster at the time, said he began employment at the airport under the supervision of Andy Cordes.

“About six months after I got here, he (Cordes) went out of business,” said Boshart, who, with his wife, Carol, operates the airplane repair/enhancement venture out of the main terminal and hangar. “If you remember in 1982 there weren’t many jobs and interest rates were like crazy.”

He said he approached Joseph Amedick, the Genesee County highway superintendent who was in charge of overseeing airport operations, thinking that “I can keep the doors open and help these guys out down here.”

“At the time, we had International Chimney, Graham (Manufacturing) and Genesee Le Roy Stone (planes) still in the hangar after Andy cleared out,” he recalled. “And I don’t have a place to go, either.”

Boshart said that Amedick spoke with then County Manager Charles Meyer, and came back with a proposal: “He says, ‘Give me an insurance policy for $25,000 and don’t worry about the rent; just keep the doors open.'"

So, that’s what he did.

“I would come in here like late at night, when International Chimney got done with whatever they were doing, and I’d clean the airplanes, drop the oil or whatever, and I would go back home,” Boshart said. “That was how we started. I had no intention of ever being a businessman.”

Nearly 40 years later, the company continues to thrive, said Tim Hens, Genesee County’s current highway superintendent who also is in charge of the airport.

“We host Jeff and Carol here at the airport as what is known in the aviation world as a limited fixed base operator,” Hens said. “They rent space from the county – and what they do, they do very well.

“They repair planes, they put avionics packages in the plane, do maintenance and stuff and they draw people in from all over the Northeast. They do a heck of a business and are really our key tenant out here.”

Boshart said the avionics industry – which includes all components of the aircraft’s communication system -- is changing at a rapid pace.

“We do a lot of the radio upgrades,” he said. “Right now, in the aviation career, that part of it is moving so fast. It’s like the year 2000 when you were trying to buy a computer. You didn't know whether to buy one on that day or wait three days because there was going to be a better computer out. That's where we are with avionics.”

He went on to say that many of the smaller planes and jets that use the Genesee County Airport have more equipment than commercial airliners.

“It's phenomenal. You almost don't need a pilot. As a matter of fact, we have what they call Autoland. Everything goes to heck, you push a button up top – a big red button -- and the airplane takes you to the airport and it lands.”

The county airport has made giant strides since the early days when it was founded by Gil Chapell in the early 1940’s. The Chapell family lived in a house on the grounds.

Boshart said he met Chapell in the mid-1960s when his family moved into the area from Ohio.

“My dad started, with a number of other people, the Akron airport,” he said. “And they had they had a little tailwheel aircraft that dad used to fly around. And so back in 1965, when we moved up here, we used to fly over here because my aunt lived just over the hill on State Street. And I got to meet Gil and his wife when I was a little kid -- they had the house down here.”

He remembers the Chapell’s farmhouse and a couple of hangars and a gas pump, and a small restaurant.

“That’s my first recollection of the place; it was it was a grass strip. Then, Gilbert built the old hangar that they tore down five or six years ago.”

The facility was known as Batavia Airport at that time until the county assumed ownership in 1964.

Over the years, it has been expanded from 200 to 264 acres. In 2005, the runway was extended from 4,400 feet to 5,500 feet to accommodate business jets.

The Federal Aviation Administration estimates there are 115,000 takeoffs and landings annually.

A pilot himself, Boshart said he used to have his own plane, but not anymore.

“I’m like Tim. I have a fishing boat,” he said.

Photo at top: Carol and Jeff Boshart with Tim Hens, right, at the Genesee County Airport's main hangar.

Some of the aircraft being worked on by Boshart Enterprises' technicians.

Submitted photo: A scene from days gone by of the old terminal and hangar at the airport.

Submitted photo: This photo from the 1950s hangs on the wall in the office of the main terminal. From left, woman not identified,Tim Willard, Harold Hale, Gil and Gloria Chapell.

A possible serious-injury accident was reported around 3:15 today on Starr Road and Crossman Road, in Pavilion. 

The State Police have refused to provide any information about the accident.  

It was reportedly a one-vehicle accident with a person ejected.  Mercy Flight was called but it's unknown if a person was transported.

A person reportedly fled the scene on foot and a K-9 was requested to assist in the search.  Because the State Police refuse to provide information to the public about the incident, it is unknown if the person was ever located.

A trooper who answered the phone at the Batavia Barracks this evening said,  "it's not our policy" to release information.

UPDATE 7:49 p.m.: Trooper James O'Callaghan, Troop A public information officer, said he did not yet have any information on the accident other than to confirm it is a fatal accident. 

UPDATE 8:09 p.m.: Additional information from Troop A: The vehicle was southbound on Star Road and struck a utility pole.  Another occupant of the vehicle was transported to Strong Memorial Hospital with non-life-threatening injuries.  The investigation is ongoing.

Alecia Kaus/Video News Service contributed to this story.  Photos by Alecia Kaus.

The Genesee County Legislature, during its final budget session on Wednesday at the Old County Courthouse, reached into their “unexpended fund balance” pocket to keep the property tax levy for the 2022 fiscal year at the same level as this year.

Lawmakers have tentatively agreed to add $678,519 to the $1,396,675 in reserves initially proposed by County Manager Matt Landers – action that will keep the tax levy at $31,451,727 and, more importantly, drop the property tax rate from the proposed $9.37 to $9.18.

The $9.18 rate represents a 6.3 percent decrease from the 2021 property tax rate of $9.80.

These changes in the spending plan will be considered by the legislature’s Ways & Means Committee next Wednesday and, upon approval, by the full legislature for a binding vote on Nov. 22.

Legislature Chair Rochelle Stein today said she was happy to report that her colleagues capitalized on the opportunity to keep the levy at the same rate “and still be able to fund the initiatives and the mandates that we have in front of us.”

“It's most important that we are able to do that by sharing most fairly across all of our constituencies and municipalities … and to be able to fund our operations and not take one penny more than we need from the taxpaying public.”

The lower tax rate will lessen the burden to varying degrees of property owners, many of whom saw their assessments go up over the past several months. For the median residential household in Genesee County assessed at $122,935 that did not have an assessment change from 2021, this will result in an annual net tax decrease of $76.22.

Stein said legislators have much to confront in terms of necessary and mandated projects, such as funding the new county jail, the Countywide Water Project and infrastructure.

“So, being able to do that really represents good hard thought of what we have to tackle in the future, especially funding the new positions at the county jail according to the (New York State) Commission of Correction, and also getting some of our departments right-sized,” she said.

The county also is continuing to commit $1 million from sales tax earnings to repair and maintain roads, bridges and culverts.

“Doing those types of investments in our infrastructure are just critical to making sure that we stay ahead of those big ticket items,” she said.

Landers said he supports the legislature’s decision, noting that about $2.5 million from the unexpended fund balance was used in the 2021 budget.

“As requested, I presented legislators with different scenarios and they honed in on the scenario of keeping the levy flat from last year,” Landers said. “There'll be no levy increase whatsoever, so it definitely was a good conversation.”

He said the legislature, which consistently has voted against overriding the New York State tax cap of around 2 percent, will have a bit more flexibility next year.

“We will have the ability to grow it (the cap) by an extra $480,000 because we didn’t take any of the allowable levy this year. That gives us time to see, between now and 12 months later, after getting more information about the water project and jail construction,” he said.

Landers said management and the legislature are at the mercy of the Commission of Correction, which has final say over the number of employees needed at the new jail on West Main Street Road (which is scheduled for the start of construction next spring).

“One of the biggest factors that is causing pause of our legislature in terms of concern is the CoC’s ability to dictate how many posts are in this new jail,” Landers said, explaining that each “post” represents about five positions. “Even with the jail designed -- even with virtual reality goggles so that an official can walk through the jail virtually and see where everything is -- the CoC won't make a determination on the posts until they physically walk into the jail.”

CoC officials could determine that more posts are required than have been budgeted for, Landers said, and each post would add $500,000 to the annual operating costs of the jail.

The county’s All Funds budget for 2022 totals $158,502,898, which is $15,298,219 more than the 2021 adopted All Funds budget.   The 2022 recommended General Fund (operating) budget is $119,394,176, which is $9,118,039 more than the 2021 adopted General Fund budget. 

Stein credited every legislator for making his or her voice heard in this process.

“It’s been really terrific working with nine independently-thinking people and coming to this same place in our budget and the consideration and a consensus,” she said. “So, I'm very proud to lead this group.”

NOTE: If you're scheduled for jury duty next week, you shouldn't read this story. If you do, you will likely need to disclose that fact in court.

Jacob Sponaugle Devon Wright

When Devon Wright's trial starts on Monday, in a rare two-defendant case, with Jacob J. Sponaugle also facing felony charges stemming from the same incident, his attorney wants to mount a defense that says Wright had no intention to buy a gun on July 22 when he interacted with Sponaugle and another man at the Days Inn Hotel in Batavia.

Nathan Chase indicated not only did his client not intend to buy a gun that night when Sponaugle and the other man (who was subsequently shot during the encounter) approached him, Wright flatting refused to buy the gun.

To help make that case, Chase wants to introduce into evidence a body camera recording of Wright talking with a Batavia police officer when he apparently makes a statement that substantiates his claim that he didn't intend to buy a gun.

Based on New York's rules of evidence he won't be able to use that video recording during the trial.

Wright is charged with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

District Attorney Lawrence Friedman had previously withdrawn an exhibit a statement by Wright that incriminated Sponaugle, agreeing with Sponaugle's attorney, Joseph Lobosco, that the statement was inadmissible from a co-defendant and that it amounted to hearsay.  As a co-defendant, Wright can't offer anything he said outside of court that is potentially incriminating to Sponaugle.

If he testifies (defendants are not required to testify at their own trials), Chase can ask him about his intentions that night.

Chase pressed hard to try and get Judge Charles Zambito to allow the statement to be presented to the jury but for every statement offered by Chase, Friedman returned to the rules of evidence.

Chase's view of the case, "Two people showed up with a gun my client didn’t want and one of them got shot.  We don't know if the shooting was accidental or not but we do know how (Wright) responded at the scene."

The Days Inn incident is one of the multiple times over the past two years that Wright has come into contact with law enforcement and wound up facing felony charges.  For more on his prior arrests, click here.

Jury selection starts a 9 a.m., Monday.  Friedman says he expects the case will fill full days every day for the week. The goal is to complete the trial by the end of the day Friday but given the complexity of the case and the nature of a two-defendant case, it could stretch into the following week.

Emily Smith
(2019 booking photo)

Emily Dorianne Smith, 36, of Wilkinson Road, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal sale of a controlled substance 3rd, criminal nuisance 1st, and endangering the welfare of a child. Smith was arrested by members of the Local Drug Task Force following an investigation into the transportation, sale, and possession of cocaine in and around the City of Batavia.  Smith was arraigned in City Court and released on her own recognizance.

Brian John Miller, 40, of Ellicott Street Road, Bethany, is charged with DWI, refusal to take breath test, aggravated unlicensed operation 3rd, moved from lane unsafely. Miller was arrested following a traffic accident at 6:40 p.m., Oct. 29, on Ellicott Street Road, Bethany. Miller was the sole occupant of his car, which overturned. Miller was able to extricate himself from the vehicle and was arrested at the scene by Deputy Andrew Mullen.

Tyler Lynn Vanskiver, 25, of Putnam Road, Bethany, is charged with harassment 2nd. Deputies responded to an address on Putnam Road, Bethany, at 3:53, Nov. 2, following a complaint. Following an investigation, Vanskiver was arrested by Deputy Morgan Ewert on the charge of harassment. Vanskiver is accused of striking another person. He was released on an appearance ticket.

 

Just 5 percent.

That’s the percentage of Genesee County residents that County Planning Director Felipe Oltramari hopes will take a few minutes to complete the Empire State Broadband Assessment survey that can be found at www.geneseebroadband.com.

Oltramari, speaking after Wednesday night’s Genesee County Planning Board meeting at County Building 2 on West Main Street Road, said the survey is an important tool as New York State attempts to expand internet access to its residents.

“By getting 5 percent of Genesee County residents to take the survey (less than 3,000 people) that will help determine the distribution of funding to fill in the gaps in broadband,” he said.

Millions of dollars are available for broadband development, Oltramari said. In Genesee County, government officials already have indicated they are setting aside a portion of the $11 million in American Rescue Plan Act funding it is receiving for that purpose.

Upon going to the website, the user is directed to the state’s “Advancing Broadband for New York” initiative featuring two large blue buttons: one marked Speed Test & Survey and the other marked Survey Only.

The speed test measures both the download and upload speeds from that location. It is important that the speed test is taken from a home or business computer, and not a mobile device. Additional instructions and information are provided.

The survey, according to the website, is “to understand how you utilize, or would like to utilize, broadband capabilities in your home or business in your community.” The questions are not difficult to answer and the entire survey takes five to seven minutes to complete.

When finished, a “thank you” message appears and links to additional resources, such as the New York State Broadband Program Office, and Data USA: County & City Data based on the U.S. Census, are provided.

Oltramari said the county will be conducting a marketing campaign to spread the word about the broadband survey.

He also reported that the first draft of the county’s updated Comprehensive Plan – part of the Genesee 2050 project – is complete and will be shared with the public in the coming weeks.

County planners recommended approval of a dozen referrals last night, most notably:

• A site plan for a 5-megawatt ground mounted commercial solar system in an Industrial (I-1) district at 7054 West Main Rd. in the Town of Le Roy. The project, being developed by AES Clean Energy, based in Louisville, Colo., is on land owned by Route 5 Storage LLC, not far and on the other side of the road from the intersection of Keeney Road.

• 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.

Previously: Genesee County legislators call on G/FLRPC to provide answers to broadband availability question

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

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. 

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.”

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.

 

With a victory on Tuesday night against Fillmore, the Section V Class D1 champion Alexander Lady Trojans will have an opportunity to face Genesee Region foe Pavilion for a second time this season – and this time there will be a trip to the Far West Regionals at stake.

Alexander Coach Marcia Hirsch, who reached the 1984 sectional finals as a player (her name then was Marcia Brown), said she is hoping to get another chance at knocking off the undefeated Lady Gophers in the Class D playoffs.

“Yeah, we played them once earlier this year, and they kind of beat up on us pretty good,” Hirsch said. “So, the girls would love another chance to play them because they didn't think they played very well that night.”

The loss to Pavilion during the regular season was one of only three defeats in 22 matches for the Lady Trojans, who upended top-seeded Letchworth in four sets on Friday night for the school’s first sectional crown since 1979.

Friday’s win puts Alexander into the three-team Class D playoff round to determine the Section V entry in the Far West Regionals at 4:30 p.m. Saturday at Le Roy High School.  Chautauqua Lake is the Section VI representative.

The playoff format is as follows:

• Alexander vs. Fillmore (Class D3 champion) at 6 p.m. Tuesday at Pavilion High School;

• The winner of that game vs. Pavilion on Thursday night at 6 p.m. at Caledonia-Mumford High School.

Hirsch, in her 17^th year as coach, said she is proud of the way this season’s team was able to come together in light of losing five key seniors from the 2020 squad. Four juniors from that team have stepped up significantly this year as Hirsch had to juggle the lineup quite a bit.

“My seniors have been awesome all year,” she said, crediting the consistent play of outside hitter Sam Sawyer, setter Adeline Kautz, libero (back row “rover”) Courtney Schum and middle hitter Norah Crawford. Sawyer, Kautz and Crawford are co-captains.

Other key contributors are sophomores Alyssa Kramer and Riley Powell, and juniors Julia Yax and Mel Pohl.

Hirsch said she has had to “do a lot of maneuvering around (with the lineup)” as only two players have stayed with their same position.

“I think the key to our success was how good Adeline came around as a setter,” she offered. “We lost our setter last year and Adeline didn't really get the opportunity to set, so this year she was awesome all year and ended up being a (league) all-star.

“Another big thing is just our coverage; it’s hard (for the opposition) to get anything to hit the floor. So, that’s been a positive for us.”

The girls return to practice today in preparation for tomorrow’s match against Fillmore, which defeated Houghton Academy in five sets in the Class D3 finals.

“I haven’t seen them since Friday so I hope they enjoyed it (time off) and are ready to get back to work,” said Hirsch, who is supported by assistant coach Abbie Kelly and jayvee coach Alycia Yax.

Submitted photo: Front from left, Melanie Pohl, Alyssa Kramer, Maia Saile, Norah Crawford, Makayla Raines; back, Coach Marcia Hirsch, Julia Yax, Samantha Sawyer, Riley Powell, Courtney Schum, Adeline Kautz, Holly Bykowski, Jayvee Coach Alycia Yax.

Update Nov. 9, 12:30 p.m. -- Pavilion's match on Thursday will be played at 6 p.m. at Caledonia-Mumford High School.

It wouldn’t be a stretch to say that the Pavilion varsity girls volleyball team has executed its game plan to perfection this season.

That’s because the Lady Gophers have played 23 matches and have not lost a single set en route to capturing the Section V Class D2 championship – their second straight sectional crown.

Second-seeded Pavilion claimed the trophy on Friday night with a 25-11, 25-15, 25-11 sweep of No. 1 Harley-Allendale-Columbia.

The victory advances the Lady Gophers to the Class D crossover final on Thursday against either Class D1 champion Alexander or Class D3 champion Fillmore.

Alexander – which defeated Letchworth in four sets for the title – will square off against Fillmore at 6 p.m. Tuesday at Pavilion High School, with the winner to meet Pavilion.

The survivor of the three-team Class D playoffs will move on to the Far West Regionals against Chautauqua Lake of Section VI at 4:30 p.m. Saturday at Le Roy High School.

Coach Rex Eighmey, in his 18^th year at the helm, said the “chemistry” of this year’s Pavilion team is off the charts and credits that to the experience most of the girls have gained from playing “club” and summer volleyball against larger schools in addition to their Section V high school schedule.

“A lot of the girls play club and they just love their volleyball,” he said. “And they just happen to be very good players. That’s the main reason; the players are the reason we’re doing what we’re doing.”

The team is led by what Eighmey calls his “Core Four” of senior setter Shannon Campbell, senior outside hitter and captain Adeline Milligan, junior outside hitter Karlee Zinkievich and 6-foot-1 junior middle hitter Lauren Kingsley.

All four are in their fourth year of varsity volleyball – which equates to a great deal of time on the floor together.

“They’re just so used to playing together,” Eighmey said. “Like some of our fans have said, it’s like a well-oiled machine. They just know where each other is going to be.”

Statistically, entering the sectional title game, Campbell, the squad’s vocal leader, had 483 assists in her setter role; Milligan had 193 kills and 145 digs; Kingsley had 203 kills, 38 ½ blocks and 77 digs, and Zinkievich had 100 aces, 120 kills and 132 digs.

Also playing key roles as hitters and defensive specialists in either the front or back row are Paige Landers, 5-foot-11 Shea Amberger, Sara Laurie, Abby Lemley and Samantha Sikora, Eighmey said.

The starting lineup and substitution patterns have worked to a T thus far as the Lady Gophers’ will take a 69-set winning streak into Thursday’s contest.

When asked how close they came to losing a set, Eighmey said that they trailed Warsaw 24-23 before his team rallied to take the next three points.

“That’s the only team that has come close to beating us in a set,” he said.

The Lady Gophers defeated Alexander this season but did not play against Fillmore.

Eighmey also credited assistant coach Rebecca Zinkievich for her dedication to the finer points of the sport.

“Rebecca is a big part of this. She does a lot of drills and a lot of practices and stuff,” he said.

On Sunday, the coaches (junior varsity coach Betty Worthington also is an assistant) and players watched the videotape of Chautauqua Lake’s 25-17, 25-12, 16-25, 25-13 victory over Randolph in the Section VI Class D finals. Chautauqua Lake is 17-0.

“They’re a strong team, but we’re looking forward to the challenge,” Eighmey said. “The sectionals are huge, and now, hopefully, we can win (the regionals) and make it to the four-team state tournament on November 20^th and 21^st in Glens Falls.”

Submitted photo: The Pavilion Lady Gophers with the Section V Class D2 trophy following Friday's victory over Harley-Allendale-Columbia. Front from left, Shannon Campbell, Sara Logsdon, Paige Landers, Abby Lemley, Lily Macaluso, Karlee Zinkievich; back, Assistant Coach Rebecca Zinkievich, Jayvee Coach Betty Worthington, Shea Amberger, Lauren Kingsley, Adeline Milligan, Sara Laurie, Samantha Sikora, Coach Rex Eighmey.

Le Roy’s varsity football season came to an end this afternoon as the Oatkan Knights dropped a 14-7 decision to Haverling in a Section V Class C semifinal game at Hartwood Park.

Coach Brian Herdlein’s second-seeded Knights finish at 8-2, while No. 3 Haverling, 8-1, moves on to face East Rochester/Gananda in the sectional finals next Saturday at Honeoye Falls-Lima.

The visiting Rams scored touchdowns in the first and second quarters before Le Roy pulled to within striking distance with a 12-play, 70-yard drive that ate up more than eight minutes of the clock in the third quarter.

Sparked by the strong running of senior Brock Flint, Le Roy opened the second half with what turned out to be its only sustained drive of the game – converting three fourth-down plays in the process to reach the end zone.

The big play was a 37-yard pass from senior quarterback John Panepento to junior running back Jack Tonzi on a fourth-and-17 situation at the Haverling 42.

From there, Panepento rushed for three yards, setting up a two-yard plunge by Adrian Stevens to make the score 14-6.  Kicker Mitch Hockey added the point after touchdown to make it a seven-point game.

The Knights’ defense held up in the second half – thwarting Haverling drives behind several key plays:

• Lineman Jack Lathan’s fourth-down sack of Rams’ junior QB Justin Yehl early in the fourth quarter;

• Stopping senior running back Keian McRae on a fourth-and-three play at the Le Roy 25 with 6:30 to play;

• Lineman Tyler Strollo’s fumble recovery with less than two minutes remaining.

Unfortunately for the home team, however, the offense was unable to pull any closer as four possessions ended on a dropped pass on fourth down, a punt, an interception by Haverling linebacker William Clarke, and – with a minute left – two straight incompletions.

In the first half, the teams traded punts before Haverling took over at its own 6 on an interception by Yehl, who also plays defensive back.

Switching to offense, the lefty QB proceeded to complete two passes – each for eight yards – to senior tight end Gavin Buckley and McRae before hitting McRae for a 78-yard touchdown with 41 seconds left in the opening quarter.

On the play, Yehl rolled out to his left and launched the ball deep down the middle of the field to a wide open McRae. A pass attempt for the two-point conversion failed and Haverling had a 6-0 lead.

Another interception early in the second quarter, this one by senior defensive back Damien Hall, gave the ball back to the visitors just inside Le Roy territory.

The Knights’ defense, sparked by linebacker Tony Piazza, put Haverling in a fourth-and-two situation at the Le Roy 27, but Yehl came through again – this time avoiding the blitz and hitting senior wide receiver Anthony Brotz for a 27-yard touchdown.

McRae pounded it in for the two-point conversion to give the Rams a 14-0 lead with 8:53 remaining in the half.

Le Roy was unable to move the ball on its next two possessions, having to punt both times.