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Press release:

The County Manager’s Office is pleased to announce the appointment of Tammi Ferringer as the new Assistant County Manager effective Aug. 15.

Tammi, a lifelong resident of Genesee County, brings 15 years of experience in county government to her new role as a key operative in the Chief Administrative Office of Genesee County government.

Ferringer began her County career in 2005 as Senior Financial Clerk-Typist at the Genesee County Health Department and quickly worked her way through the ranks to Administrative Officer/Budget Officer. In 2014, she transitioned to the Department of Social Services serving as director of Fiscal Operations and Child Support and, in 2019, was appointed as the County’s compliance officer.

Ferringer has continually exceeded expectations in her different roles in the County, leading to a series of promotions and advancements. Unique skill sets in both finance and compliance make her a great fit for the needs of the Assistant County Manager position.

She's a graduate of Batavia High School. She holds an associate degree in Business Administration from Genesee Community College and a Bachelor of Science degree in Business Finance from SUNY Brockport.

Ferringer resides in the Town of Batavia and is the proud parent of her two children, Jacelyn, 20, and Caleb, 13.

Press release:

At 8:05 p.m. on July 26, the City of Batavia Fire Department was dispatched to a reported residential basement fire located at 438 Ellicott St. First arriving fire units were on scene at 8:08 p.m.

Upon arrival, firefighters found a working fire with heavy smoke and flames visible. Responding crews made an aggressive interior attack of the basement and were able to confine and contain the fire and the situation was called under control by command at 8:42 p.m.

While the fire was contained to the basement of the structure, there was smoke and heat damage to the first and second floor due to the intensity and balloon frame construction that allowed for additional diffusion.

All occupants were able to self-extricate along with a cat from the residence. One adult and two teenagers are receiving lodging assistance from the Red Cross.

Additionally, a City firefighter was injured while fighting the fire. He was sent to United Memorial Medical Center (UMMC) for evaluation, and has been released and is seeking follow-up medical treatment.

At this time the City of Batavia’s Fire Investigation team is investigating the fire to determine the origin and cause. Pending further investigation, the fire has been label undetermined. A final determination will be made upon completion of the investigation.

City fire was assisted at the scene by the City of Batavia Police, Mercy EMS, and the Genesee County Sheriff and Emergency Management Departments with additional support provided by the Town of Batavia Fire Department and Genesee County Emergency Dispatch.

Photos by Frank Capuano.

Press release:

• Genesee County received four new positive cases of COVID-19, for a total of 253 positive cases.
  • The positive individuals reside in Batavia and Le Roy.
  • Two of the positive individuals are in their 30s, one is in their 40s, and one is in their 80s.
  • The positive individuals were not on mandatory quarantine prior to testing positive.
  • Five of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Six new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the individuals is hospitalized.
     
• Orleans County received one new positive case of COVID-19, for a total of 274 positive cases.
  • The positive individual resides in Ridgeway.
  • The positive individual is in their 20s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • Two of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Sixteen new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the individuals is hospitalized.

Angela Schlaggel spotted this white pigeon in the parking lot of The Salvation Army in Batavia and noticed it was wearing a bracelet. 

The pigeon had been at the location for the last two hours at the time Schlaggel sent us the picture this morning.

"It has a bracelet and isn't bothered by my presence at all so I think it may be someone's escaped pet," she said. 

Anna Fenton shared these photos of a butterfly she found in her back yard.

Can any readers identify it?

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.18, which is down two cents from a week ago. One year ago, the price was $2.74. The New York State average is $2.26 – down 1 cent from last week. A year ago, the NYS average was $2.88.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.23 (no change since last week)
• Buffalo -- $2.21 (no change since last week)
• Ithaca -- $2.19 (up 1 cent since last week)
• Rochester -- $2.24 (up one cent since last week)
• Rome -- $2.30 (no change since last week)
• Syracuse -- $2.20 (no change since last week)
• Watertown -- $2.28 (no change cent since last week)

Gas prices are mixed to start the week. The national average is down slightly as travel remains limited in some areas. While road trips are the main source of travel, travel levels are down significantly compared to last year. The Energy Information Administration (EIA), says gas demand is down in the U.S. Decreasing demand for gasoline has helped pump prices to decrease in the last week, and if demand continues to drop, we could see cheaper pump prices in the coming week.

From GasBuddy:

"We remain stuck in neutral when it comes to gasoline prices. While Pay with GasBuddy data showed a small rebound in gasoline demand, oil prices have again failed to break out, leading to yet another week of little change at the pump," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"It's a bit too early to tell if the small rise in gasoline demand last week will continue into this week, but it does seem the most likely situation. The V-shaped recovery in gasoline demand has been put on hold for nearly all of July as coronavirus cases surged, but once we recover from that and we see demand show several weeks of recovery, we'll likely see gas prices begin to tick higher. For now, however, that gives motorists more time to fill up without having to worry about big jumps in prices."

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

Unknown injuries.

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

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

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

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

The caller wishes to speak with a patrol officer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Previously: Local funeral director charged with stealing money from customers

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

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

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

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

He is conscious and alert.

Mercy Flight is on in-air standby.

East Pembroke fire and Mercy EMS dispatched.

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

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

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

Press release:

• Genesee County received three new positive cases of COVID-19.
  • The positive individuals reside in Batavia, Le Roy and Pembroke.
  • One of the positive individuals is less than 20 and two individuals are in their 50s
  • One of the positive individuals was not on mandatory quarantine prior to testing positive.
  • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Six new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
     
• Orleans County received one new positive case of COVID-19.
  • The positive individual resides in Albion.
  • The positive individual is in their 50s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Eight new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.

Soon-to-be "former" County Manager Jay Gsell attended his last Legislature meeting in that role on Wednesday and was honored with a commendation from the members of the body.

Gsell retires at the end of the month after 27 years on the job.

Here is the text of commendation:

WHEREAS, Jay A. Gsell has dutifully served Genesee County for twenty-six years and three hundred and sixty-four days as County Manager beginning August 15, 1993, when his appointment became effective; And  

WHEREAS, Immediately upon his appointment, Jay applied his education and vast municipal experience to his position of county manager while immersing himself in the Genesee County community; And

WHEREAS, Jay has brought passion and energy, a positive “can-do” attitude and undying enthusiasm to the County where he served as a beacon during socially, economically, and personally challenging times; And

WHEREAS, Jay maintained a healthy respect for the delicate balance of providing quality affordable services while adhering to ever-expanding state mandates while working for thirty nine different legislators and six different legislative chairs: And

WHEREAS, During his tenure as county manager several magnanimous projects were completed; construction of a new court facility, county-wide water project, upgrades, and enhancements to the County Airport, forty-year sales tax agreement, as well as shared services initiatives, enhanced relationships with businesses and schools to name a few, and

WHEREAS, Through his unwavering commitment to community, Jay has deservedly received awards and recognition for his participation and service from the Chamber of Commerce, GCASA, United Way, HomeCare & Hospice, Rotary Club of Batavia, Leadership Genesee and YMCA, Now, Therefore Be It

RESOLVED, The Genesee County Legislature does hereby pause in its deliberations to honor and congratulate Jay A. Gsell upon the occasion of his retirement and Be it further,

RESOLVED, That heartfelt wishes are extended to Jay and his wife, Ann Marie for a retirement abundant with good health and happiness for many years to come.

Press release:

In recent days, Michael S. Tomaszewski Funeral and Cremation Chapel LLC in Batavia has been accused of pre-need theft. During this unfortunate time, we would like to first and foremost like to extend our sincerest condolences to all those affected.

As a family-owned business since 1900, we consider the opportunity to serve the communities of Genesee County an absolute privilege. Our staff works diligently to provide you and your loved ones with the utmost respect and care and are humbled when we are granted the honor of doing so.

With that said, if you or a loved one held pre-need funeral arrangements with Michael S. Tomaszewski Funeral and Cremation Chapel LLC we want to help! We will assist in possible recovery of funds and can help to determine if you and your family qualify for donation of service from our funeral homes.

As lifelong residents of Genesee County, our family of funeral homes will continue to provide the highest standards for our community and we are dedicated to restoring the dignity your family deserves.

Please don’t hesitate to call – (585) 344-4295. Our lines are open 24/7 and as your neighbors, we’re here to support you through this difficult time. lease, allow us to earn your trust.

Sincerely,
Justin D. Calarco-Smith, Joshua J. Smith, Steven L. Johnson, Randy W. McIntire, James F. Smith
The Bohm-Calarco-Smith, H.E. Turner & Co. Inc., and Burdett & Sanford Family

Local funeral director Michael S. Tomaszewski, 48, is being charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services.

He has been arrested following an investigation by the Genesee County Sheriff's Office.

The Sheriff's Office opened an investigation into Tomaszewski after a client of the Office of the Aging received a complaint from a customer of the Michael S. Tomaszewski Funeral Home & Cremation Chapel. The client expressed concern regarding a deposit made for prepaid funeral arrangements. 

The investigation led authorities to conclude that Tomaszewski had received prepayments from 91 customers for which trust accounts were never opened.  

Reached this afternoon, Tomaszewski declined to comment.

When a funeral director receives prepayment for funeral services, the director is required under NYS law to place the money in a trust account within 10 days.  

Investigators believe no such accounts were ever opened. 

Additionally, Tomaszewski is accused of receiving payment for two headstones, and gravesites that were never purchased.

The deposits ranged from $350 to $15,500. It's alleged that Tomaszewski's customers sustained a total loss of approximately $525,000.

In February, Tomaszewski filed for bankruptcy under Chapter 11 in Federal Court.

Tomaszewski is charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny 4th, and three counts of petit larceny.

He is also charged with five counts of falsifying business records in the first degree. He is accused of creating fake business documents reflecting nonexistent account information for trust accounts.

The longtime funeral director, who also owns the Dibble Family Center, is also accused of knowingly sending fake documentation to the Department of Social Services and is charged with offering a false instrument for filing in the first degree.

There are also two counts of scheme to defraud filed against Tomaszewski. He is accused of engaging in a scheme constituting a systematic course of conduct with intent to defraud at least 10 people by making false promises to obtain money. He is also accused of defrauding a vulnerable elderly person as defined by state law.

Today, Tomaszewski was arraigned in Genesee County Court by Judge Charles Zambito via Skype. He was released on his own recognizance and is scheduled to appear in Batavia Town Court at 10 a.m., Sept. 17.

The investigation is ongoing and further charges are expected, according to the Sheriff's Office. Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.

In his personal bankruptcy, Tomaszewski lists $409,896 in assets, including a home on Edgewood Drive valued at $396,549. He claims to owe $1,570,682 to 25 creditors, including more than $25,000 to the IRS along with back taxes owed to the State of New York.

Tomaszewski is the owner of Acme Holdings of NY Inc. Acme owns the building that houses his funeral home, and adjacent property, including the Dibble Center. Acme has also filed for bankruptcy. In the Acme bankruptcy filing, Tomaszewski lists $684,450 in assets and $1,671,708 in debts.

Press release:

• Genesee County received one new positive case of COVID-19.
  • The positive individual resides in Batavia.
  • The positive individual is in their 20s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • Three of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Seventeen new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
• Orleans County received zero new positive cases of COVID-19.
  • Zero of the previous community positive cases has recovered and has been released from mandatory isolation.
  • Eleven new individuals are on precautionary quarantine due to travel from restricted states.
  • Two of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.    

Batavia PD Assistant Chief Chris Camp walks on North Lyon Street with a K9 officer from Monroe County who was assisting Batavia PD this afternoon in a search in the area of Montclair Avenue and Vernon Avenue in an effort to find any items related to the shooting last night at Days Inn.

A shirt that may be connected to the incident was located in the backyard of a residence in the area.

Camp said the search effort is part of the ongoing investigation.

The suspect, Jacob Sponaugle, 21, of Montclair Avenue, is charged with attempted murder.  The victim, whose name has not been released, is in stable condition at Strong Memorial Hospital.

Batavia PD encourages anyone with any further information to contact the police department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

For more on the case, click here.

One person was transported to Strong Memorial Hospital following a two-vehicle T-bone accident at about 10:20 a.m. on Bank Street Road at Batavia Elba Town Line Road, Town of Batavia.

According to Trooper Mark Catanzaro, the initial investigation indicates that an eastbound white van failed to stop for a stop sign at the intersection and was struck in the side by a southbound pickup truck.

Two other people sustained minor injuries in the accident and were taken by Mercy EMS to area hospitals. A fourth person was treated and released at the scene.

Names have not yet been released.

(Initial Report)

A Montclair Avenue resident is in custody and charged with attempted murder following a shooting at about 9:30 p.m. last night outside the Days Inn in Batavia.

Jacob Sponaugle, 21, is also charged with 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.

Police believe Sponaugle was at 200 Oak St., Batavia, to sell another individual a gun.

The victim of the shooting and Spongaugle are said to be acquaintances. 

The name of the victim is not being released by Batavia PD at this time.

After the victim was shot, he walked into the lobby of the Days Inn and a person there called 9-1-1. A police officer who was first on scene provided aid to the victim, who was awake and alert. A short time later, Mercy EMS arrived on scene and transported the victim to the Genesee County Airport. The victim was then flown by Mercy Flight to Strong Memorial Hospital.

Chief Shawn Heubusch said this afternoon that he is listed in stable condition. His injuries are not considered life-threatening. 

During the initial investigation, police officers determined the suspect had fled the scene in a four-door sedan with a female passenger. They searched the area with the assistance of a K-9 patrol.

Officers interviewed witnesses and obtain video surveillance footage.

"With the assistance of key witnesses and the community, the suspect, Jacob J. Sponaugle, was taken into custody at approximately 2:15 a.m. without incident outside of a residence on Montclair Avenue in the City," Batavia PD said in a release this afternoon.

Assisting Batavia in the incident were the Sheriff’s Office, City Fire, State Police, a DEC K-9 patrol, Mercy EMS, the Genesee County Local Drug Task Force, the 911 Emergency Dispatch Center, and the District Attorney’s Office

The investigation is ongoing and Batavia PD encourages anyone with any further information to contact the police department at (585) 345-6350, or the confidential tip line at (585) 345-6370.