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Andre Roberts, 28, of School Street, Batavia, is charged with theft of services. He was arrested at 8:13 p.m. April 13 after he patronized a bar in the City of Batavia, then allegedly left without paying his tab. Roberts was issued an appearance ticket and is due in Batavia City Court April 20.

Johnny Earl Anthony, 30, of Knapp Road, Akron, is charged with driving while intoxicated -- first offense; operating a motor vehicle with a BAC of .08 or more -- first offense; moving from lane unsafely; and unlicensed operator. Anthony was arrested at 8:53 p.m. April 17 on West Main Street Road in Batavia after being involved in a collision. He was issued an appearance ticket and is due in Town of Batavia Court on May 24. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Kyle Tower.

Sundae Jade Whitney Grambeck, 27, of Junction Road, Pavilion, is charged with driving while intoxicated -- first offense, and DWI with a BAC of .08 percent or more. At 3:15 a.m. April 19, Grambeck was arrested on Ellicott Street Road in Bethany following a motor-vehicle accident. She was issued appearance tickets and is due in Bethany Town Road on May 4. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy David Moore.

Caleb Richard Swendsen, 26, of Akron Road, Pembroke, is charged with second-degree criminal trespass. Following a report of a domestic incident at 6:36 p.m. April 13 on Maple Avenue in Oakfield, Swendsen was arrested. He was arraigned on the charge virtually in Oakfield Town Court, then released on an appearance ticket. He is due back in court June11. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Kyle Krzemien.

Lisa Fox, 49, of East Avenue, Batavia, was arrested after a traffic stop on East Avenue at 12:08 p.m. April 14 during which she was identified as the operator, and there was a bench warrant for her arrest out of Batavia City Court. Following her arraignment in city court, she was released under supervision. Fox is due to return to court May 25.

Press release:

• Genesee County reporting 17 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 19-20s, 20s, 30s, 40s, 50s, 60s and 80s. 
  • Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Three of the current positive individuals are hospitalized. 
  • One of the new positive individuals is a resident of The Grand Rehabilitation and Nursing.
  • We are saddened to report the loss of one community resident. The individual was over 65. We do not provide any further information to protect the privacy of the individuals and their families. Our deepest condolences to the families and friends during this very difficult time.

NOTE: There are 86 active cases in Genesee County and there have now been 121 deaths.

• Orleans County reporting 16 new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s and 60s.
  • Nine of the previous positive individuals have recovered and have been removed from the isolation list.
  • Three of the current positive individuals are hospitalized.
  • Two of the new positive individuals are inmates at the Albion Correctional Facility.
  • One of the new positive individuals is a resident of Orchard Rehabilitation & Nursing Center.
  • We removed one of yesterday’s positive individuals as they are not a resident of Orleans County.

Leroy Thornton III, 30, of Ashland Avenue, Niagara Falls, was arrested April 15 on a Genesee County Court Indictment Warrant.

His arrest concluded an investigation into the transportation, sale and possession of "crack" cocaine in and around the Town of Batavia.

Thornton is charged with: criminal possession of a controlled substance in the third degree -- with intent to sell, a Class B felony; and criminal sale of a controlled substance in the third degree, also a Class B felony.

He was arraigned in Genesee County Court, then released on his own recognizance.

The arrest was made by the Genesee County Local Drug Task Force with assistance from the Niagara County Probation Department. The Genesee County District Attorney's Office assisted in the investigation.

Press release:

• Genesee County reporting 10 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 19-20s, 20s, 30s and 40s. 
  • Eight of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Three of the current positive individuals are hospitalized.

 

• Orleans County reporting 14 new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 30s, 40s, 50s and 60s.
  • Nine of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the new positive individuals was on mandatory quarantine prior to testing positive.
  • Three of the current positive individuals are hospitalized.

Caleb Richard Swendsen, 26, of Akron Road, Pembroke, is charged with criminal possession of a controlled substance in the seventh degree. Following a domestic incident in the Village of Oakfield at 7:13 p.m. on April 14, Swendsen was arrested and charged with that Class A misdemeanor. Swendsen was taken to Genesee County jail, then released with an appearance ticket to be in Oakfield Village Court on May 24. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Jonathan Dimmig.

Terry Nelson Ritchey, 48, of Alexander Road, Batavia, is charged with: driving while ability impaired by alcohol; no tail lamp; and no plate lamp. At 1:33 a.m. on April 15, Ritchey was arrested after a traffic stop on Clinton Street Road in Bergen. It is alleged that Ritchey drove a motor vehicle while impaired by alcohol. The defendant was issued traffic tickets then released. Ritchey is due in Bergen Town Court on June 2. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Austin Heberlein.

The City of Batavia this week honored a longtime police officer who recently retired and recognized the contributions of Genesee County Emergency Dispatch Center personnel.

City Council President Eugene Jankowski and Council Member Jeremy Karas, at Monday night's Business Meeting, read proclamations honoring Police Officer Jason Davis and designating the week of April 11-17 as National Public Safety Telecommunications Week, respectively.

Davis retired on March 30 after nearly 22 years with the Batavia Police Department. Previously, he worked for the Village of Le Roy PD and Cattaraugus County Sheriff’s Office.

The proclamation noted his many roles, including the emergency response team, crime intervention officer, field training officer, general topics instructor, de-escalation instructor and, most recently, school resource officer at the Batavia City School District.

He also was a Boy Scout Troop leader for many years.

Per the proclamation, Officer Davis “served his department with professionalism and compassion, and has been a positive role model and mentor to other officers and many more in the community."

Davis thanked all those with the city for giving him the opportunity in 1999 when he transferred to Batavia. 

Karas, after reading the proclamation that outlined the various ways communications staff and dispatchers are vital to public safety, introduced Genesee County Undersheriff Brad Mazur (at right in photo below)  and Communications Assistant Director Frank Riccobono (at left in photo below).

Mazur thanked City Council for acknowledging the dispatchers' "hard work, dedication and true professionalism."

Photos by Mike Pettinella.

The adoption of a proposed 2021-2022 school budget for Batavia nearly brought Board of Education President Alice Ann Benedict to tears on Monday night.

She wasn't upset. If anything, she was overjoyed.

The budget doesn't increase the district's tax levy one penny over the 2020-21 budget. With rising property values and commercial properties that were previously covered by tax abatements known as PILOTs* rolling out of those programs, most property owners should see the education portion of their property taxes going down next year.

Superintendent Anibal Soler said a rough guess right now is that a home assessed at $100,000 will pay $64 less in school taxes.

He called that a win for the community and in remarks at the end of the meeting, Benedict agreed and thanked Soler, Business Administrator Scott Rozanski, and the rest of the board of education for their work on the budget.

"I just want to say how pleased I am that we got to zero percent because I think it is quite important for our community," Benedict said before fighting back tears. "This has been a tough year. I just wanted to say I appreciated it."

Rozanski said it was possible to balance the budget because of additional state and federal aid being provided to local school districts.

The tax levy this academic year is $19,493,958 and under the proposed budget will be exactly the same in the coming year.

The total budget will increase from $51,470,726 to $52,096,661, a 1.22-percent increase in spending, which is just below the consumer price index increase of 1.3 percent.

The tax rate based on the proposed levy has not yet been set.

"The tentative PROJECTED tax rate (using the current assessed values) is $20.65," said Rozanski in an email to The Batavian. "This amount WILL change because all the information (assessed values, equalization rates, omitted taxes, and removed exemptions are NOT finalized until the summer. The OFFICIAL tax rate will be calculated in August/September 2021."

There will be a public budget presentation on May 10 and the budget will go before voters on May 18.

*PILOTs -- Payment(s) In Lieu Of Taxes.

A federal bankruptcy judge in Buffalo has ruled that three debts of former funeral director Michael Tomaszewski cannot be discharged under bankruptcy law.

The three debts are part of more than $3.2 million in liabilities Tomaszewski listed when filing for bankruptcy in February 2020. He initially filed for Chapter 11, a reorganization of debts, but changed the filing to a Chapter 7, forgiveness of all debts not covered by available assets, last month.

Yesterday, in a separate criminal matter, Tomaszewski entered a guilty plea to grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial. Over the summer, the 40-year-old Batavia native was charged with more than 200 counts of criminal conduct stemming from a scheme to divert deposits made on prearrangements for funeral services to his own personal use.

The amount of restitution he will owe former clients will be set at his sentencing on July 13. He faces a possible sentence from two and one-third to seven years in prison. The restitution order could approach $500,000.

In his ruling, Judge Carl L. Bucki cited a section of federal bankruptcy law that says a debtor cannot discharge any debt that was the result of fraud or misrepresentation. 

According to the ruling, Tomaszewski will remain liable for prearrangement deposits from individuals for $10,500, $8,000, and $8,000. Under bankruptcy law, the three individuals are entitled to priority repayment for the first $3,025 of each debt.

The bankruptcy proceedings only include debts listed in the filing. Not all victims of Tomaszewski are listed as claimants in the case.

Press release:

• Genesee County reporting 15 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 19-20s, 20s, 40s, 50s and 60s. 
• Twenty-five of the previous positive individuals have recovered and have been removed from the isolation list.  
• Four of the current positive individuals are hospitalized.

​

Orleans County reporting 13 new positive cases of COVID-19.  

• The positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon)
• The individuals are in their 0-19s, 20s, 30s, 40s and 50s.
• Fourteen of the previous positive individuals have recovered and have been removed from the isolation list.
• Two of the new positive individuals was on mandatory quarantine prior to testing positive.
• Four of the current positive individuals are hospitalized.

A dog breeder in Pembroke who is accused of neglecting and abusing 15 animals on her Akron Road property is prepared to negotiate the future of the animals with Genesee County officials, her attorney told Justice Donald O'Connor today during her appearance in Town Court.

Lori Ann Adolf, 47, is charged with 26 counts of torturing or injuring animals and failure to provide proper sustenance along with one count of endangering a child.

Today, in her first court appearance, she entered a not guilty plea.

Her attorney, Michael Guarino, said that of the 13 dogs and two cats that were taken into the care of the Genesee County Animal Shelter, three of the dogs are the property of other people, and Adolf is ready to sign over seven of the dogs to the shelter so they can be put up for adoption. 

She would like to keep three dogs and two cats.

"The situation was not the way she intended it," Guarino said. "She's now receiving mental health care."

He said his client would like a chance to prove to the county that she can improve her situation and take proper care of her animals.

She has no prior record of animal neglect or abuse and no other criminal record.

The animals have been in county care for four months and sources say are now in good health. When The Batavian visited the shelter last month, the dogs we observed seemed to be in good spirits.

Assistant District Attorney Kaitlynn Schmidt said she and she and Guarino will discuss the disposition of the animals between now and Adolf's next court appearance at 2 p.m., May 5. She said what becomes of the animals will be part of a plea agreement negotiation. She told O'Connor that the prosecution has made no plea offer at this point and has made no commitment that the county will agree to regarding the animals.

O'Connor also signed a no offensive conduct order of protection in regard to the minor who was apparently at Adolf's house while these animals were allegedly being mistreated.

Previously: Pembroke woman arrested after deputy allegedly finds 13 dogs, two cats in deplorable conditions

In light of the frustration expressed at Monday night’s City Council meeting by two Batavia residents over the assessment letters they had received earlier in the day, The Batavian reached out to the city’s assessor for insight into the process of determining a home’s fair market value.

Rhonda Saulsbury, assessor for both the City and Town of Batavia, responding to an email, said that while many factors are considered for comparison purposes, all of a home’s information is run through a computer program prior to conducting a field review.

“The City of Batavia strives to maintain a 100-percent equalization rate -- sale price to assessment ratio -- which means that we keep our assessments at market value,” Saulsbury said. “To accomplish this, we do yearly revaluation and make adjustments accordingly. Values can adjust due to physical changes and/or market changes.”

Saulsbury said each property is placed into an appraisal software system, comparing the building style, square footage, year built, number of bedrooms and bathrooms, and lot size against the recent sales data.

“We then do field review to determine the fair market value based on the aforementioned data,” she added.

She said that each neighborhood within the city is reviewed annually, but “we only update values in those that have experienced an increase in market values, thus we end up ‘rotating’ the neighborhoods.”

“This year we sent out just over 4,300 change-of-assessment notices throughout the city,” she said.

As mentioned at Monday’s meeting, the city canceled this process in 2020 due to the COVID-19 pandemic. Since then, sales of homes in the $100,000 to $200,000 have been extremely brisk.

“Now, as sale values have continued to climb upwards 20-plus percent above assessments, we are again adjusting assessed values in accordance with New York State Real Property Tax Law guidelines,” Saulsbury advised.

She said property owners have opportunities for assessment review if they believe they could not sell their property for the new assessed market value.

“The procedures to request the review are included with the change-of-assessment-notices (see the link to the previous story below). As at any time, we encourage an open-door policy to anyone with a question or concern,” she said. 

Property owners can call 1-866-910-1776 to inquire about the valuation process or informal assessment review process, Saulsbury said, and they also can receive an email with the individual market document that includes the specific sales used for any given property. 

If a property owner does not have access to a computer, printer or scanner, all relevant forms can be picked up at the City Clerk’s Office Monday-Friday from 8:30 a.m. to 4:30 p.m.

Saulsbury also said that the City of Batavia sale and inventory books used to calculate the new assessed values can also be viewed any time in the City Clerk’s Office or at Richmond Memorial Library to help in preparing an Informal Review Application. 

To access the above-mentioned information online, go to: https://cityofbatavia.prosgar.com/ and look for the RED links. 

To submit the Informal Review Application, email it to:   batavia2021@garappraisal.com or bring it into the City Clerk's Office.

Previously: Council advice to angry homeowners: Take your concerns to 'Grievance Day'

New guidance from the NYS Department of Health instructs school districts to set rules for social distancing based on transmission metrics for COVID-19. But with the state and CDC providing data that can seem contradictory, area superintendents are trying to come up with the best approach to educate students while following state requirements.

By and large, the superintendents seem to be relying on one statement in the 23-page document that gives local school boards latitude to make local decisions.

"Ultimately, the school/district’s decision to move to shorter physical distances will come down to a local community’s risk tolerance based on its unique circumstances," the guidelines state.

That is certainly the approach Superintendent Anibal Soler is taking with Batavia city schools, which are scheduled to go back to full-time in-class learning on Monday.

This week, he sought the Board of Education's approval to continue with the reopening plan, which the board agreed to do.

Soler pointed out that with 131 new cases in the past week (as of Monday), Genesee County is in the state's Red Zone for transmission rate. The state says our testing positivity rate is 6 percent and the CDC says it is 3 percent, both numbers below the threshold that would require 6 feet social distancing in all circumstances.

At 6 feet in all circumstances, Batavia's reopening plan would be difficult to pull off. The district is relying on allowing students in certain situations, such as sitting in classrooms, to be able to mask up and be within 3 feet of each other.

The guidance affects both districts like Batavia that are moving back to full-time in-class learning and those that have already made the transition or started the academic year with in-person attendance.

Mary Kate Hoffman, superintendent in Pavilion, informed her board of the new guidance at Monday's board meeting. Currently, Pavilion schools are five days per week for elementary school and in-person five days a week with in-person classes for sixth through 12th grades, with Wednesday being a fully remote day for the middle and high school.

The policy to this point has been to require masks only when people can't maintain 6 feet of social distancing. The new guidance requires students, teachers, and staff to wear masks at all times. Hoffman said the district will make that policy change.

Elba is open five days a week for in-person learning after starting with a hybrid model in September and gradually moved to full-time, in-class learning. 

"Our approach and plan have worked to keep kids and staff safe," said Superintendent Ned Dale.

Pembroke has been in session with students on campus full-time since the start of the school year. Superintendent Matthew Calderon said the new guidance will not change much for the district.

"We added classroom sections to spread students out 6 feet apart and installed 1,500 desk shields," Calderon said. "We're not inclined to change from 6 feet to 3 feet, and despite the CDC backing off the need to use desks shields (which in part I believe they did due to the great cost incurred by schools, which was hindering many from opening), we will probably continue to use them as well."

"The new guidance states that if schools are going to reduce physical distancing to less than 6 feet between students, decisions must be made with input from parents, community members, teachers, staff, and local departments of health," Calderon added.

"We will carefully review the updated guidance and tweak our plan as needed, but as mentioned, I don't think we need to change anything, and we would like to maintain our plan as is. The initial response from our local DOH in that regard was positive. Nonetheless, we have an upcoming meeting with the local DOH and will certainly adjust our plan if needed."

Merritt Holly, superintendent in Le Roy, which went back to on-campus full-time learning on April 6, said he is seeking clarification on some of the requirements in the new guidance but is maintain the current plan for now.

"It won't complicate anything until I get clarification," Holly said. "When will that clarification come in? I am not sure yet."

Superintendents indicated they are working with Public Health Director Paul Pettit to ensure their education plans are in compliance with guidelines and that Pettit has been helpful and responsive. The new guidance doesn't require the districts to file modified plans with the state but to publish them on their websites and gives local health departments the tasks of ensuring compliance.

We attempted to reach Pettit for comment but have not yet heard back from him.

To read the state's guidelines, click here (PDF).

A Rochester man is facing three felonies after three people were arrested following a traffic stop in Bergen April 11.

A gray Chevrolet Malibu was pulled over by Genesee County Sheriff's deputies on Route 33 at 12:38 a.m.

The operator, Paula G. Pierce, 29, of State Street, Batavia, was allegedly driving with a suspended NYS driver's license. There were two other occupants, Michael R. Whitman, 48, of Federal Street in Perry, and 29-year-old Justin P. Porter, of Bennington Drive, Rochester (inset photo, right).

Deputy Nicholas Chamoun conducted an investigation, aided by Deputy David Moore, and K9 Deputy Andrew Mullen, who deployed K9 Frankie to check the exterior of the vehicle. According to the Sheriff's Office report, Frankie indicated a positive response for the presence of narcotic drugs.

Deputies conducted a vehicle search and allegedly found drugs and the three occupants were arrested. Assisting at the scene were Deputy Austin Heberlein, Deputy Ryan Young and Deputy Jacob Gauthier.

Porter is accused of providing deputies with a fake name and refusing to disclose his true identity. It is also alleged that while in custody at the Sheriff's Office, he attempted to conceal drugs by hiding them in an interview room.

Porter was arraigned virtually in Town of Bergen Court and charged with: criminal possession of a controlled substance in the third degree -- with intent to sell, a Class B felony; tampering with physical evidence, a Class E felony; fourth-degree conspiracy, also a Class E felony; criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor; obstruction of governmental administration, another Class A misdemeanor; and false personation, a Class B misdemeanor.

Due to bail reform, Porter was released on his own recognizance.

Pierce and Whitman were issued appearance tickets on charges of fourth-degree conspiracy and criminal possession of a controlled substance in the seventh degree.

Pierce is also charged with aggravated unlicensed operation in the third degree, an unclassified misdemeanor; and she was issued a traffic ticket for insufficient turn signal, a violation.

Members of the Genesee County Drug Task Force also assisted in this case.

With a key component of the City of Batavia’s wastewater treatment plant operating at just 20-percent capacity, Maintenance Superintendent Ray Tourt says that it’s imperative to move up the capital project plan timetable to get it fixed.

“We desperately need to get that air back into the pond,” said Tourt at Monday night’s City Council meeting, talking about a faulty air header system at the plant. “We recognize how severe it is becoming.”

Tourt said the city has received about 10 years less than the expected 40-year life of the system, which introduces supplemental air to the three primary wastewater ponds.

In a memo to City Manager Rachael Tabelski dated March 29, Tourt wrote that “this air provides oxygen to the ponds to effectively digest waste.”

“Even though this project is scheduled for (this fiscal year), it was discovered that the system’s rate of decline is higher than originally anticipated,” he wrote. “For this reason, the project is being advanced as quickly as it can be.”

City Council acted favorably to his request, forwarding a resolution to contract with the lowest bidder to its April 26 Business Meeting. Opening of the bids is scheduled for April 19.

Tourt said work will be done in sections, starting with the large 16-inch line and working down to the six-inch line. He noted that the lines will be wrapped to prevent deterioration from the elements.

He said the system is leaking a “significant amount of air” and is creating a distinct odor near and around the ponds. Once that segment of an overall $1 million wastewater treatment plant project is finished – hopefully be the end of summer, he said crews will evaluate the plant’s compressors and diffusers.

In other action related to infrastructure, Council forwarded a resolution to apply for a Northern Border Regional Commission grant in the amount of $328,000 to partially fund a waterline project on Bank Street. The total cost of the project is approximately $410,000 but the city would be responsible for a local match of 20 percent ($82,000).

Tabelski, in a memo to Council dated April 6, wrote that work is needed “to improve water pressure and fire suppression capabilities on Bank Street, as well as enable future development on the City Centre campus and the Alva Place location for the (new) police station.”

She wrote that the Bank Street waterline will be expanded from its current four- and six-inch lines to an eight-inch line.

Michael Tomaszewski, the former local funeral home owner accused of misusing his client's deposit money and improperly disposing of human remains, entered a guilty plea this afternoon to felony charges that could send him to prison for up to seven years.

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 for his guilty plea to grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

The sentences for each count will run concurrently under the terms of the plea.  

Prior to Tomaszewki's last court appearance, he disclosed, through his attorney Thomas Burns, to the Sheriff's Office that the remains of another body could be found in his former funeral home. A human body was recovered.

As a result of that investigation, he is expected to be charged with another misdemeanor charge of untimely burial. Under terms of the plea deal, he is expected to plead guilty to that charge and any sentence on that charge would run concurrently to the charges disposed of in today's hearing.

Sentencing for the 40-year-old Batavia resident is scheduled for July 13 at 1:30 p.m.

Tomaszewski was arrested last summer and accused of taking money from clients who had made prearrangement deposits. He misappropriated as much as $15,000 from some clients.

Clients may have suffered a cumulative loss of more than $525,000. 

At his sentencing on July 13, Tomaszewski, under terms of the deal, must agree to make restitution in the amount specified by the prosecution.  

Assistant District Attorney Kaitlynn Schmit told Judge Charles Zambito today that she couldn't provide the exact amount of restitution because Tomaszewski has already paid some people back and there needs to be further research into exactly how much he owes his victims.

Burns said he and Schmit had reached an agreement to delay sentencing by four weeks over the standard time between a plea and sentencing to allow more time to arrive at the final restitution figure.

In a bankruptcy filing last year, which is still pending, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities. 

UPDATE 5:05 p.m.: The Sheriff's Office has released the arrest report on the additional charge against Tomaszewski, duty to bury. According to the Sheriff's Office, after being notified by Burns of the body, a body of a deceased person who had died Sept. 10, 2019, was recovered at the former funeral home. The body was removed and buried. Tomaszewski was issued an appearance ticket on the charge.

City Council Member John Canale relayed some “fatherly” advice Monday night to a pair of Batavia residents who came before the lawmaking body to express their aggravation after receiving notification of significant increases in their home assessments earlier in the day.

“My father gave me this advice years and years ago, and I’ve used it,” said Canale, addressing Wendy Walker of Otis Street and Karen Sherman of James Street – homeowners who spoke about their struggles during the public comments portion of Council’s Business Meeting at City Hall.

“I would definitely sign up for grievance day but don’t go in there and say I can’t afford this raise, please help me out. It’s not going to work,” Canale said. “You’ve got to do your homework. If you’re able to go online, you can access the Genesee County site, you can access houses in your neighborhood, you can access houses in other neighborhoods that are similar to your house and compare the assessed values of those houses to the assessed value of your house. Go in with the ammunition of why your house is being assessed higher than other people’s houses, if that’s the case.”

Canale said that a “booming” housing market is driving assessments up, mentioning that houses are going for $25,000 to $30,000 over the asking price “and people are coming in with cash.”

Walker said she came to the meeting to “protest and contest” the increase in the assessment of her house.

“I don’t know how that was made or why the increase to such a dramatic amount. The problem being is that we live on the Southside. I don’t know where this money is going that you’re going to be using because the Southside has not been improved,” she said.

Walker said there is a lot of crime in that area and “nothing has been cleaned up; nothing has been done.”

'What About My Justice?'

“The last time I checked, even in the pledge of allegiance, we say liberty and justice for all. What about my justice? Where are my taxes going? We pay the highest taxes in the nation, and there’s nothing to show for it. Not where I live, not on the Southside – no improvements. If I’m wrong, I surely would be willing to acknowledge my error in saying that, but I don’t believe it – I don’t.”

She said that her neighbors feel the same way and many people are moving out of New York for these reasons.

“And I think we should take that into consideration in the small, little town of Batavia,” she said. “I don’t understand this. If we’re getting all of this money from the government and I don’t know what that money is necessarily earmarked for – I don’t understand all of it – but it would seem we could help the little people in Batavia.”

Walker mentioned that her husband is disabled and on a fixed income, and his allowance barely goes up.

Sherman said she is a single mom who is providing for her daughter without any public assistance.

“You guys have raised my taxes every year since I bought my house. I get when you buy a house, it comes with a lot of maintenance and stuff, but every single year something has gone wrong – new roof, my windows have broken, gutters have come off,” she said.

She said her assessment went up $19,000 last year, and this year it is going up $30,000.

It's Getting Tougher and Tougher

“This is becoming very hard for me as a single parent and I do not get assistance,” she said. “I own my own business … I had to pick up two other little odds-and-ends jobs to make ends meet. Again, I just want to know why, where this is going and answers.”

In response, City Manager Rachael Tabelski said there was no reassessment last year.

“When you reassess a home, you assess it on value of comparable sales of like homes,” Tabelski offered. “And that’s all done through formulas and data. I don’t even see what reassessments are done in our community, just so everyone is aware. We do know that there were assessment letters that did go out this week.”

She, too, encouraged homeowners to call the assessment office for an informal review, adding that the assessor (Rhonda Saulsbury) will “gladly speak to you over the phone, on Zoom or through email to discuss the level of assessment and why.”

“And you can explain and challenge why that happened. If you don’t find that as a remedy, you can move to Grievance Day, which is the first Thursday after the fourth Tuesday in May (the 27^th), and you could have assessment formally grieved in front of a board of your peers rather than the City of Batavia.”

City Council President Eugene Jankowski Jr., also an Otis Street resident, said that he received his assessment letter just prior to the meeting and explained that reassessment is a regular process.

“They don’t just pick houses randomly. They use sections of the city and they try to rotate it around every so many years,” he said.

The discussion then shifted to Tabelski and Council Member Robert Bialkowski defending the city’s budget and tax rate.

Tabelski: City Taxes Less Than Others

“The city actually has the lowest percentage of taxes we pay,” said Tabelski, noting that taxes pay for police, fire, snowplowing, parks and recreation and other services. “The county is slightly higher and then the school district, so it’s an ‘all in’ rate."

Bialkowski said the city doesn’t raise taxes (it did raise the tax rate by 1.38 percent this year, however) and doesn’t determine the assessments, but sets a tax levy that is distributed among property owners.

At that point, Viele expressed his frustration over the school tax rate.

“What I really want to complain about is the school because the (Batavia City) school (District) is out of hand. They need to have their head examined.”

Bialkowski compared the taxing entities, mentioning that taxes levied by the school district were more than $19 million compared to the city’s $5.25 million.

Jankowski said in recent years the city did not increase the property tax rate.

Christian: People Are Hurting

Council Member Rose Mary Christian proceeded to sympathize with Sherman and Walker.

“It’s fine and dandy what everyone is saying but government is out of control,” she said. “We’re not doing anything to help these people. Here’s a single mother by herself, taking care of her daughter. There is a mother, a woman, a wife taking care of her husband. Some of you have two incomes coming in; that’s fine and dandy for you. But there’s people out here that are really hurting and they need help.”

Christian, too, said they should take their concerns to Grievance Day.

“There’s no doubt about it -- schools are out of control. I would like to go to the next school meeting and I want to know if any of you want to join me,” she added. “And as far as our budget goes and everything else, we’re down $400,000 … and when May comes you’re going to see that people are really hurting because they’re not going to be able to pay their taxes.”

Photo: Karen Sherman, right, makes a point about her home's assessment as Wendy Walker looks on at Monday night's City Council meeting. Photo by Mike Pettinella.

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Information from the assessment letter:

If you disagree with your new Full Value Assessment:

• Go to https://cityofbatavia.prosgar.com
• Print an Informal Review Application
• Email your completed Informal Review Application to: batavia2021@garappraisal.com
• All Informal Review submissions must be received by April 23, 2021 for consideration
• For questions or more information, please call 1-866-910-1776 no later than April 21, 2021.

As the Batavia City Council voted Monday night to consider accepting five easements from the Town of Batavia toward the maintenance of Ellicott Trail, its members encouraged residents to take pride in the 9.7-mile recreational walking and bicycling path by picking up trash along the way.

Council President Eugene Jankowski Jr. said he was on the trail recently and noted that “the part from Jackson to Pearl Street is pretty rough.”

“It’s pretty washed out and there’s debris – there’s surgical masks laying on the side of the road,” he said. “Now, that’s the new thing. (With) COVID, everybody’s throwing their masks away; they’re falling out of their pockets and this waste is laying around on our streets now, and there are some on the trail itself.”

Jankowski said he realizes that it is spring and outside has that “look to it,” but wanted to know the city’s timetable for cleanup and suggested rounding up some volunteers to help out.

City Manager Rachel Tabelski said the process starts with accepting the transfer of the easements at 665 E. Main St., Batavia Gardens, Ellicott Station (two) and Elmwood Cemetery.

The city then would be responsible for maintaining these areas as they are located inside the city limits form Pearl Street Road to Cedar Street, but the county will maintain the DeWitt Recreation Area on Cedar Street.

During planning and construction of the trail, the town acquired various easements for real property in the city but, per a resolution to be formally voted on in two weeks, these parcels will be transferred back to the city.

Tabelski also reported that a volunteer group led by John Roche, owner of Adam Miller Toy and Bicycle on Center Street, is willing to help pick up trash along the trail, and that the city will schedule “ongoing maintenance” to coincide with the park schedule this spring and summer.

Officially opened last year, the 10-foot-wide trail consists of crushed stone along 4.9 miles of old railroad beds. When you add in sidewalks, bike lanes and bridges, the entire trail is 9.7 miles, with the eastern entrance on Seven Springs Road and the western entrance on Industrial Boulevard (off Pearl Street).

Council Member Robert Bialkowski said he was looking for the city’s annual cost to maintain the trail.

Tabelski said it would cost about $7,000 in materials every five years and that city Department of Public Works employees would take care of the maintenance.

Interim DPW Director Ray Tourt said “to figure on eight to 10 times per year for additional mowing.”

“As for materials, we’ll have to kind of figure it out – it is new,” he said. “The town’s idea is that we should be able to go five years without putting a new top on it – another layer of stone dust – but there are some washed out areas that they’ve committed to repair this year.”

Bialkowski then asked for an annual labor cost, to which Tourt replied, “About $4,000 annually, and we’re going to have a bump when we do that recap at around five years. And we’ve got about a week’s worth of work there, also.”

Council Member Paul Viele then asked about security on the trail, mentioning that college campuses have put up blue lights for illumination and for emergency situations.

“Do we have anything back there for these young girls walking the trail? There are a lot of idiots out there, you know, that could be hiding in the woods. I’m just concerned with safety – girls jogging, running, walking, whatever …” Viele said.

Jankowski said most people have a cell phone with them, the trail is “pretty open” and that he feels safe walking the trail because he has a view of 100 yards in each direction. He added that developers didn’t include the expense of having emergency lights, but Tabelski said Viele had a “valid point” as she has considered that as well.

Bialkowski then said he wanted to get back to his original point, calculating that the annual cost to the city for materials and labor would be about $5,500. He said that because the city’s DPW crew is already stretched, he urged residents to pick up trash when they see it and “to pitch in.”

Jankowski then brought up that he considered the trail’s crossing point on Cedar Street as dangerous.

“You can’t see that traffic from that location, and I know enough to cross down the road more. But if you follow the trail, it wants you to cross on the downslope, near the overpass where the train tracks are, and your blind spot is that left side,” he said.

He asked Tabelski to look into possibly moving it closer to the entrance of DeWitt Recreation Area. He said it was a “marking issue” and suggested moving it over about 30 feet to make it safer, especially for those riding bikes.

Calling it a “nine mile park,” Jankowski said the trail is very popular. He said he must have seen a couple hundred people along the trail recently.

Council Member John Canale then suggested an “adopt a highway” program where certain community groups commit to maintaining a section on an annual basis.

“We might somewhere down the road, may want to look at offering some various local groups, especially groups of young people, that might want to take on a project like that and say, ‘This is our portion of the trail that we’re going to adopt and every spring we’re going to go and do cleanup,’ ” he said.

Tom Redband, head coach of Elba's Lady Lancers, which is coming off its fifth straight championship season, announced today that he and his assistant, Marci Redband, also his wife, are stepping down from their coaching positions.

The announcement:

Marci and I would like to announce that we are stepping down from the position of Head Coach/Assistant Coach of the Elba girls basketball program. While this is a very difficult decision due to our love and passion for Elba basketball, we have put a lot of thought into it, and Marci and I know that personally and as a family it is time and the right decision.

Marci and I are so appreciative of the opportunity we were given to lead these wonderful young women. We will cherish these times forever and want to thank all of the supporters from the bottom of our hearts for the positivity and trust. In due time, I look forward to personally thank each one of you. The people we have met and grown relationships with never would have occurred without this opportunity to coach this awesome team, it’s been wonderful.

Marci and I are looking forward to being positive and supportive of the new coach and all the young Lady Lancers we have worked with and will miss dearly. We will be cheering each one of you on and will always be here for you. We will be continuing our basketball training camps, so we won’t be too far away.

When I was given the opportunity to teach business at Elba as my first full-time teaching job and to coach the Lady Lancers, I knew Elba was special, but I didn’t know Elba was next-level special. Well, I know now, and it’s one of a kind. It’s so special and the kids mean so much to us, that of all places, I chose a smelly locker room to propose to Marci. We hope we served the kids and community with class, it was certainly our pleasure. In closing, Marci and I are Lancers for life, and that makes us proud.

For Elba, the past two seasons ended in wins but also disappointments. With a team led by Byrnn Walczak, Taylor Augello, Maddie Muehlig, and Leah Bezon, the Lancers had legitimate chances in each of the past two seasons to win state championships. The team was deprived of that opportunity by a global pandemic. Those four players all graduate this year.

Elba has a long history of basketball success. Tom Redband replaced Tom Nowak, who over 26 seasons amassed 587 wins, 10 sectional titles, and in 2012 a State Championship.

A new head coach has not yet been named.

Photo: File photo of Tom Redband in 2013.

The Batavia City Council tonight asked City Manager Rachael Tabelski to look into getting a police report of a vehicle-pedestrian incident last Thursday afternoon involving a Batavia woman and her grandchildren.

Council Member Rose Mary Christian made that request on behalf of the board, calling it an “unfortunate” situation.

“I would ask that the individual involved be the one that we release information to,” said Tabelski, following Mary Ellen Wilber’s account of what happened to her sister and her three grandchildren at the intersection of Main and Ross streets.

Wilber, an Attica resident who grew up in the city, was speaking at Council's Business Meeting on behalf of her sister, Batavian Michelle Gaylord.

Gaylord was walking on the north side of Main Street with her 15- and 11-year-old grandsons and 11-month-old granddaughter, who was in a stroller. They were en route to Gaylord’s home on Fisher Park around 3:30 p.m. after spending time at the mammoth sale at Resurrection Parish.

According to Wilber, a woman driving an SUV on Ross Street, heading south, approached the intersection and made a right turn onto Main Street while Gaylord and the children were in the intersection. The vehicle struck the buggy, knocking the 71-year-old Gaylord to the ground.

“The reason I am here, correct me if I’m wrong … is when we took our road test and took our driver’s ed – please understand I am not trying to be facetious – as I recall that we all learned … we were told that drivers must have complete control of their vehicles at all times,” Wilber said. “It was the number one rule I was taught. And I took my course and I took driver’s ed, and ever since I’ve been driving for almost 50 years.

“We also were always told that pedestrians had the right of way, especially when they’re in the crosswalk. And we were always supposed to be cautious. My greatest fear was ever hitting a child. It scares the heck out of me, even now.”

Wilber went on to say that the Gaylord family waited for the light to turn red and began crossing Ross Street (which is marked at the intersection by a no right on red sign from Ross onto Main).

Showing a diagram that she had made as she spoke, Wilber said “a woman came to the stoplight, stopped for a second and proceeded to go through the light – striking my sister as she moved the – thank God it was an Eddie Bauer* -- stroller away because it had shock absorbers. She fell onto the road, the kids jumped back and the lady just, oh my goodness – she hit my sister.”

The driver, according to Wilber, asked Gaylord if she was OK and “proceeded to go on her merry way.”

She said people in two cars behind the driver in question saw the incident and called the police.

“My sister was so shaken, she was so worried about the kids; she waited on the side until her son, Joshua Gaylord, came to pick them up,” Wilber said. “Nevertheless, to say, the police in our City of Batavia chose not to ticket the woman who drove; chose not to believe my sister; chose not to believe the two witnesses; and chose not even to talk to the 11-year-old boy, who when he told his teacher at Robert Morris (actually the Middle School) today, confirmed – ‘Oh no, drivers are always supposed to be in control and you never, ever, ever hit a pedestrian and pedestrians always have the right of way.’ ”

Wilber said the boy has had nightmares over the incident.

She also said that the two witnesses called the police department and then Gaylord called and spoke to an officer “who said to her, there is no report, there were no damages, and you didn’t go to the hospital.”

“My sister, who has been a nurse and served this community for 35 years at the VA Hospital – helping veterans – and you all know me, I served the city on the City Charter Review Commission and as a Youth Board member for six years,” Wilber said.

She said that that the officer told Gaylord, that “we know your sister (Wilber). She called to speak to Chief (Shawn) Heubusch; he’s not going to talk to her anyway.”

“You see, there’s a resentment from what happened to my brother (the late David Zanghi, who was forced out of his Liberty Street apartment in November 2019 as a result of a police standoff with the upstairs tenant),” Wilber said, adding that Police Chief Shawn Heubusch looked down upon Zanghi, who had obsessive-compulsive disorder and post-traumatic stress disorder.

Wilber said her niece, who is an attorney in Livingston County and the baby’s mother, has tried to get an incident report but was told that she would have to file a Freedom of Information Law form to get it.

“Her daughter was involved in this accident – couldn’t get a report. My sister can’t get any information. Ridiculous. You know the law; drivers have to be in control of their cars. Pedestrians have the right of way. This woman was not given a ticket,” Wilber said.

“My family can’t do anything about finding any information. What is wrong with the police department in the City of Batavia? And why do kids not respect the police? Here is clear evidence. I don’t know. You tell me what is going on in the City of Batavia?”

Contacted by telephone later tonight, Gaylord corroborated Wilber’s account.

“The lady said ‘I didn’t even see you.’ Here I am, lying flat on the ground,” Gaylord said.

Gaylord said she asked the grandsons to call their dad to pick them up because she couldn’t walk as she was banged up.

“Even the lady who witnessed it was shook up, but before I could say anything, the driver said that I was all right and took off,” Gaylord said.  “She never looked our way, and out of the clear blue sky, she pulled out and started to turn right. She hit the front of the stroller. I pulled back and got it out of the way a little – in the crosswalk – and when I did, I fell and hit my head on the curb. The baby’s so tiny, just 18 pounds. I screamed because I was so scared for these kids.”

Gaylord said she contacted police, who had already learned about the incident from witnesses. She said she is disappointed that the driver wasn’t ticketed for making an illegal right turn on a red light or for striking pedestrians in a crosswalk.

“I don’t want to sue or anything, but I can’t believe she didn’t get a ticket,” Gaylord said. “When I asked for an accident report, the police said it is an accident only if there is $1,000 damage. What, people don’t count anymore?”

Chief Heubusch said he had no comment.

After the meeting, Christian called it “unfortunate what Mary Ellen said, that the police didn’t respond to her.”

“I did ask Rachael if she would have the police respond to her (Wilber) because she certainly does deserve that and so does her sister, and thank God nobody was killed.”

*Eddie Bauer is a retail sporting goods maker in business since 1920.