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:
From the Genesee & Orleans health department:
Live in or own a home or rental unit built before 1978? Do young children living in the home? Worried about lead paint?
Most homes built before 1978 contain old lead paint. Lead is a metal that can harm children and adults when it gets into their bodies.
If paint peels, cracks, or is worn down, the chips and dust from the old lead paint can spread onto floors, windowsills, and all around your home.
Young children who lick, swallow, or breathe in dust from old lead paint can develop lead poisoning.
Although lead paint is the most common form of exposure, lead can also be found in water, soil, and in some products used in and around the home, such as imported china or inexpensive jewelry.
“Exposure to lead can seriously harm a child’s health and cause damaging health effects,” said Paul Pettit, Public Health director of Genesee and Orleans counties.
“Lead has the ability to damage to the brain and nervous system, slow growth and development, cause learning and behavior problems, and effect hearing and speech. Lead can also be passed from mother to baby during pregnancy.”
The Genesee–Orleans Lead Hazard Control and Healthy Homes Program aims to identify lead hazards within the home and provide resources where they are needed most. This is a federally funded grant program through the U.S. Department of Housing and Urban Development to help qualified residents in the City of Batavia and the Village of Albion* remove lead from their home for little to no cost.
Certified and trained workers may replace windows, doors, fresh paint, trim, siding, flooring, and more. Eligible properties must also be built prior to 1978, have a child under the age of 6 living in or frequently visiting the home (this includes pregnant women) or have a child with elevated blood lead levels, and be found to have lead-based paint hazards.
Below are the maximum household income limits to qualify:
Family Size
Batavia
Albion
1
$25,800
$26,750
2
$29,500
$30,600
3
$33,200
$34,400
4
$36,850
$38,200
5
$39,800
$41,300
6
$42,750
$44,350
(Income limits subject to change annually.)
To complete an application, please call the Genesee County Health Department at (585) 344-2580, ext. 5555. After eligibility approval, a risk assessment of your home will be conducted to identify potential lead hazards and how they can be fixed. A certified contractor with complete the work and follow up testing will be completed to make sure your home meets the safety standards.
Property owners can also receive help through the Genesee–Orleans Lead Hazard Control and Healthy Homes Program. If your rental property has no more than four apartments and was built before 1978, you may be eligible for help in testing and correcting lead hazards.
Landlords renting to families within the City of Batavia or the Village of Albion* within the income limits listed above may be eligible. Priority will be given to homes where children under the age of 6 live, as well as to those that house children who have elevated blood-lead levels, or a pregnant female.
Participating owners must also agree to maintain rents at affordable levels (please see table below). Owners are required to contribute 10 percent of the project cost. If necessary, the program can temporarily relocate tenants while the work is being performed.
Unit Size
Batavia
Albion
1 Bedroom
$680
$775
2 Bedroom
$820
$972
3 Bedroom
$1,120
$1,211
4 Bedroom
$1,221
$1,317
(Monthly rent must include utilities.)
(Rent levels subject to change annually.)
*Properties must be located in one of the following census tracts: 9507, 9508, 9510, and 0407.
Check your tract code at: https://geomap.ffiec.gov/FFIECGeocMap/GeocodeMap1.aspx
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.
Michael J. Hilton, 29, of Robbins Road, Le Roy, is charged with petit larceny. He was arrested after an investigation into an incident that occurred at 2:40 p.m. July 15 on Osterhout Avenue, Batavia. He allegedly stole a puppy from a resident. He was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on Oct. 20. The case was investigated by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.
Jamie L. Soto, 45, of West Main Street, Batavia, is charged with second-degree harassment. Soto was arrested at 6:50 p.m July 17 at an apartment on Liberty Street, Batavia. She is accused of pushing a family member. Soto was released with an appearance ticket for Oct. 21 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker.
Anthony L. Rice, 27, of Hutchins Street, Batavia, is charged with failure to appear in Batavia City Court. A warrant was issued for his arrest for failing to appear on traffic tickets on Nov. 15. Following his arrest, he was released with an appearance ticket to be in city court on Aug. 25. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Joshua Girvin.
City firefighters are responding to a fire alarm at Tops Market in Batavia.
This super spacious, three-bedroom home is move in ready, and right now the central air is a bonus, along side the newer furnace, hot water tank, roof and siding! The big things have been taken care of – leaving time for decorating the big rooms, that all have closets and storage!
The home has a couple of bonus rooms, starting with the awesome enclosed front porch which really can supplement the living space as an office or toy room or just for enjoying the nice evenings and early mornings!
Off of the dining room there is a cute room that could be great office space for those working at home these days, and last but not least, is the attic. which has been finished and could be great additional rec space -- there is a room for everybody!
The street of course is a Batavia classic to enjoy in all the seasons -- there is a lot of home here, come check it out! Click here for more information or call Lynn Bezon today at (585) 344-HOME (4663).
Thermory USA has recently expanded and relocated their headquarters in Batavia to a space on Harvester Avenue.
The company sells thermally modified wood decking, cladding, and porch flooring. The wood used is enhanced using heat and steam to increase strength, durability, and rot resistance.
It was drawn to Batavia as the location for its headquarters because Principle, Kevin Demars, is a Batavia native.
“I wanted to work right in my backyard,” Demars said about choosing the City of Batavia for the headquarters.
Thermory USA has been based here since 2014, formerly in the old Carr's Department Store Warehouse in Jackson Square, but recently moved to a larger space on Harvester Avenue as they have experienced immense growth, nearly doubling in size each year.
The company started in 2012 with one employee and now has a team of 19, with the company having roughly 85 percent of the North American market share in the field.
The company is now focusing on how to communicate effectively with customers during this time when travel and contact are restricted.
“Figuring out how to reinvent ourselves, be a better company and employer right now in spite of the hurdles at hand is our priority,” Demars said.
Demars contributes the company’s success, in large part, to the people, saying, “There are a lot of great, intelligent people here.”
Thermory USA is located at 56 Harvester Ave., Suite 1-201, in Batavia. Phone is (585) 252-5807.
The City of Batavia Water Department worked to repair a large water main break today on the National Grid right-of-way, south of the Industrial Park.
The work is completed.
While no customers should be without water, some area homes and businesses may experience lower pressure or discolored water.
At noon, they were about to turn the water back on and said it would take a while to fill and for pressure be back to normal.
Each region of Italy is known for their particular style of pasta sauce. Just as in Italy, Western New York has its own style of sauce and its popularity has led a local maker, Albanese’s Finest, to start producing sauce locally for everyone to enjoy.
The Albanese family is renowned for its sauce.
Sauce maker Darrin Albanese (in photos) learned how to cook mostly from his mother and father, David and Theresa, and also learned some cooking from aunts and uncles at his family's restaurant, Albanese’s in Albion.
So eight months ago Albanese parlayed his legacy into crafting a classic Marinara Sauce, Meat Sauce and Pizza Sauce. They are made the same as he made them in his own kitchen, with the finest ingredients (hence the name Albanese’s Finest). He uses fresh herbs, not dried, and no added sugar or salt.
The simple straightforward approach wins customers with its result -- fresh, homemade taste.
Albanese plans to add at least three more varieties before the end of 2021.
He has his sauces made at Permac Enterprises, owned by Pauly Guglielmo. It's a specialty small-batch food production facility that operated for 15 years in a pizzeria. In May, Guglielmo closed the deal then moved operations to a new 5,000-square-foot facility on Appletree Avenue in Bergen.
Permac is one of only six USDA cannery manufacturing plants in New York State that specializes in taking recipes from individuals, restaurants or food production brands, and adjusting it for large production. Guglielmo has increased the staff by 30 percent this year and expects to grow more in near future.
Albanese has plans to grow, too, and hopes to sell his sauces nationally someday. For now, most of his sales are in Western New York and can be found in 60+ locations.
The first store to take on his sauce was ANG Shur Save in Churchville and it is now also available around Genesee County at:
Albanese says without the help and support of his daughter, Kaleigh, and the encouragement of his close friends and some family, his sauce still might only be served at his house.
You can follow Albanese's Finest Sauce on Facebook
Photos by Jim Burns.
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.
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.
Following months of tireless advocacy for Vietnam War veterans in Upstate New York, U.S. Senator Charles E. Schumer today announced the Senate’s Fiscal Year 2021 National Defense Authorization Act (NDAA) includes his provision to add bladder cancer, hypothyroidism, and Parkinsonism to the list of diseases associated with exposure to the "Agent Orange" herbicide vets came into contact with during their Vietnam War service.
Schumer explained that the addition is significant because unless their diagnosed disease is associated with exposure to Agent Orange, Vietnam veterans are unable to access the healthcare and benefits they rightfully deserve.
The amendment passed in the Senate 96-4 yesterday, and the final NDAA, which is expected to be put to a final vote in the Senate in coming days, will expand healthcare access for Vietnam veterans in Upstate New York and across the country.
“After years and years of suffering and fighting, I proudly stood shoulder to shoulder with our Vietnam vets who were exposed to Agent Orange to get Congress to finally take a major step forward so they get access to the medical care they need. It’s taken far too long, and we still need to this change signed into law. But veterans across the country are celebrating today as a victory, and we will work together to get this across the finish line in the very near future,” Senator Schumer said.
Earlier this month, Schumer was in Long Island to unveil his plan to add an expansion of the illnesses associated with exposure to Agent Orange to the NDAA. The senator has previously visited Rochester, Albany, Utica, Dunkirk, Wallkill and Ithaca to meet with Vietnam vets and advocate for an expansion of the associated illnesses list.
Schumer said that the nation’s Vietnam veterans – more than 240,000 of whom are in New York – who were exposed to Agent Orange, have been calling on the feds to expand the list of diseases associated with the herbicide exposure.
“I am proud I helped our Vietnam vets cut through bureaucratic red-tape and halted the feds’ foot-dragging to push the Senate into action." Schumer said. "With only the final vote to pass the final NDAA remaining, New York’s Vietnam vets are closer than ever to getting the medical access they deserve.”
The senator added, “We’re going to keep fighting until the NDAA is passed and any Vietnam vet can get care for their bladder cancer, hypothyroidism, or Parkinsonism. We’re going to keep fighting to deliver a huge relief locally and across the country to so many families. We must deliver for the Vietnam vets that fought for us.”
He emphasized the importance of adding these illnesses to the list associated with Agent Orange exposure, and reiterated just how long this fight has been waged. Last year, the Senator secured a provision in the budget deal requiring OMB and the VA to issue a detailed report to Congress on the delay in adding these conditions to the presumptive conditions list, BUT the report was woefully insufficient.
Schumer said those agencies failed to properly explain why they were denying veterans. In addition to the failure to include bladder cancer, hypothyroidism, and Parkinsonism on the Agent Orange presumptive conditions list, the VA has never acted on a 2018 National Academies report that found sufficient evidence of association between exposure to herbicides and hypertension.
Schumer also explained that per the Agent Orange Act of 1991, the VA automatically accepts that if a Vietnam veteran physically served in Vietnam between January 1962 and May 1975, it is probable that the veteran was exposed to an herbicide agent like Agent Orange.
Furthermore, the Act established a list of “presumed” diseases that the VA stipulates are caused by Agent Orange exposure.
Therefore, if a veteran served in Vietnam at any time between1962-1975 and is diagnosed with one or more of the diseases VA recognizes as service connected, the VA will compensate the veteran and his or her family.
However, even though there has been scientific evidence linking Parkinsonism, bladder cancer and hypothyroidism to Agent Orange exposure, they are not currently on the VA’s list of recognized presumptive conditions.
Schumer said if an Agent-Orange-related condition isn’t specifically listed on the presumptive conditions list then the VA forces the suffering veterans and their families to argue their claim in a lengthy, bureaucratic appeals process that can last years and often end in a denial. In many cases the veteran will die before the process is even concluded.
Veterans shouldn’t have to wage their own war to gather the scientific facts and medical opinions about hypothyroidism in order to receive the care and benefits needed to treat the illnesses they contracted because they served our nation, Schumer said, adding that it is absolutely crucial that the roughly 240,000 Vietnam-era veterans in New York State receive the healthcare benefits they need and deserve, and final passage of his amendment in the NDAA will allow that to happen.
A van and a pickup have collided at Bank Street Road and Batavia Elba Townline Road in the Town of Batavia.
There are possibly no serious injuries but as a precaution, a responding chief asked dispatchers to check the availability of Mercy Flight.
One person is trapped in a vehicle but is conscious and alert.
Town of Batavia fire and Mercy EMS responding. Elba requested to provide fire police to assist with traffic control.
UPDATE 10:30 a.m.: Mercy Flight requested to the scene.
UPDATE 11:50 a.m.: One person was transported to an area hospital by Mercy Flight; two were taken by ground ambulances to hospitals. One person at the scene was a sign-off. Town of Batavia has cleared the scene. They are opening up the roadway. State Police are investigating the accident.
The agenda for Wednesday’s Genesee County Legislature meeting at the Old County Courthouse featured 34 resolutions, with three of them catching the eye of former legislator John Sackett Jr. of Byron.
Addressing the board during the public comments portion of the meeting, Sackett provided brief commentary on a water district agreement with the Town of Bethany, the county’s annual financial support of Genesee Community College, and contracts with six schools for school resource officers.
Legislators approved an inter-municipal pact with the Town of Bethany that calls for the county to reimburse the town in the amount of $152,835 for 38 years.
The annual reimbursement, according to the resolution, represents the amortized cost of the $4.5 million in improvements being made by Town of Bethany Water District No. 5, enhancements that will benefit the county.
Sackett questioned this plan, and asked why the county didn't help "Byron Town Board members, past and present, who did their proprietary work on taxpayer-supported water projects?"
Prior to that, he said that during his tenure as a Genesee County legislator (1992-2001), he came up with a list of eight private companies that might be able to provide water to residents.
“No response, I’ll say it again, no response from the Genesee County water board,” he said. “What does that tell you? They were all appointed.”
Legislators voted to contribute $2,636,374 to Genesee Community College for the 2020-21 fiscal year. The college’s total budget is $38.1 million.
Sackett urged lawmakers to hold the line on employee raises, stating that the college “strokes its board members, using Downstate figures to justify raises.”
As previously reported on The Batavian, GCC leadership has instituted many cost-cutting measures to balance its budget, including a pay freeze approved by both collective bargaining units on the campus.
On the subject of school resource officers, Sackett called the contracts, which range from $85,000 to $102,000 for 10-12 months, a “waste of dollars, whoever pays.”
“If you really believe in safety in education, educate the school teachers in these school districts in the use of handguns – hidden with monthly training,” he said. “It would cost less and be much more effective.”
Genesee County has SRO agreements with Alexander, Pembroke, Oakfield-Alabama, Byron-Bergen, Pavilion and Genesee Valley Educational Partnership. The districts pay for the services of a sheriff’s deputy, with hourly rate, fringe benefits and insurance as the covered expenses.
Sackett, who just turned 92, served on the Byron Town Board for 20 years, including several years as supervisor.
In other action, legislators approved:
-- Acceptance of a $120,000 grant from the state Office of Children and Family Services to support medical services at the county’s Justice for Children Advocacy Center. The contract term runs from Oct. 1, 2020 through Sept. 30, 2022, meaning that the annual award is $60,000.
-- A consultant agreement for $617,000 with Fisher Associates of Rochester to provide preliminary engineering and final design work in connection with the planned 2023 replacement of the South Lyon Street bridge in the City of Batavia. The design work and right-of-way acquisition are expected to take 12 to 18 months.
-- Three resolutions for work at the Genesee County Airport – one to accept a Federal Aviation Administration grant of $172,335 for the demolition of an existing T-hangar, one to contract with C&S Engineers of Syracuse for construction observation and administration of the T-hangar demolition at a cost not to exceed $29,000, and one to contract with Telco Construction of Buffalo (general contractor) and Upstate Companies of Mt. Upton (electrical) to build a new T-hangar.
The Telco contract is not to exceed $745,700 and the Upstate contract is not to exceed $103,500. Funding for this project will come from state aid ($626,250) and county money ($218,750).
-- An amendment of the county’s shared services property tax savings plan, changing the date from 2019 to 2020. The plan, which explores ways to collaborate with towns, villages and neighboring counties to reduce costs, will be submitted to the Department of State, Genesee Association of Municipalities, and eight local school districts.
-- Acceptance of $76,700 from the state Board of Elections’ Cybersecurity Remediation Grant Program to help county election commissioners assess security vulnerabilities and develop an effective risk management strategy. The funding will cover the period of Dec. 21, 2019 through Dec. 31, 2021.
A person has been possibly shot in the chest at 200 Oak St., the Days Inn in Batavia. Mercy Flight out of Batavia is on a ground standby. Batavia police and Mercy medics are responding. The victim is reportedly in the lobby of the hotel.
UPDATE 9:40 p.m.: Mercy medics communicate they will transport the victim to the Mercy Flight hangar and the helicopter will transport from there.
UPDATE 9:48 p.m.: The victim is a 22-year-old male, shot in the left side of the chest with a 22-caliber firearm.
UPDATE 10:11 p.m.: The victim is being taken to Strong Memorial Hospital in Rochester, whether by ambulance or Mercy Flight is not clear.
UPDATE 10:36 pm.: City fire Engine #11 has arrived on scene; why is not clear. The person suspected of shooting the victim remains at large.
UPDATE 10:44 p.m.: Police believe the suspect is still in the vicinity. Lights in the hotel parking lots and the former Bob Evans Restaurant, have been shut off.
UPDATE 11:30 p.m. (by Howard): Chief Shawn Heubusch briefed the media. Police believe the victim and suspect know each other and that the shooting involved something between the two individuals. While the suspect is still at large, police have identified a person of interest and a related vehicle. Heubusch indicated investigators are confident enough in the information that they are not releasing further descriptive information. The victim was conscious and alert at the time of transport by Mercy Flight, from the airport to Strong Memorial Hospital. Heubusch said he was shot "in the area" of the Days Inn and walked into the lobby and a person there called 9-1-1. Heubusch said the investigators do not believe the suspect is a threat to the general public.
UPDATE 7:13 a.m.: Chief Heubusch reports the suspect is in custody as of 3:45 a.m. More information will be released later this morning.
As L. Matthew “Matt” Landers contemplates taking over as Genesee County manager in about three weeks, he figures that if he displays half the vim and vigor as his predecessor, he’ll do just fine in his new role.
“The energy level that Jay exudes – it’s infectious, it’s important. There’s a lot to be said in having that energy and that great personality and that great style,” Landers said following tonight’s Genesee County Legislature meeting at the Old County Courthouse. “I hope that I can come anywhere close to Jay’s ability to command an audience and liven a room …”
Landers was speaking about the high-octane Jay Gsell, who – when he retires on Aug. 14 – will have served the county in an effective and passionate manner for 27 years.
Legislators, prior to voting unanimously on the resolution to promote Landers from assistant county manager, honored Gsell with a proclamation recognizing his numerous accomplishments and extensive community involvement.
An Elba resident, the 43-year-old Landers said he admires Gsell’s ability to meet people, listen to them and quickly count them as friends.
“Jay’s ability to know everyone’s name – inside and out, third uncle, second twice removed – his ability to communicate in that manner is important,” he said. “To have that connection. He’ll see somebody out in the community and he’ll notice who they are, their name, their connections, their life story – how they’re connected to him. That’s impressive for somebody not from the area originally.”
Landers said he feels confident in his ability to communicate, acknowledging that his style “is a little more direct and to the point.”
“I can probably … say the same thing in a lot less words,” he said, before going on about Gsell’s energy and personality.
As far as the job itself, Landers said he is excited and prepared, having worked with Gsell the past six years.
“While it’s exciting, it’s also a challenge,” he said. “It’s going to be a lot of work … The most things I do, I’m pretty even-keeled and levelheaded. I’m not going to overthink this. I’ve got a job ahead of me and I’m ready … to jump right in.”
He said that COVID-19 is “creating a lot of challenges for us at the county that weren’t there a year ago when I was looking forward to taking this opportunity.”
“Obviously, the COVID is going to put a big financial constraint on our budget and our resources, and we’re meeting with department heads already, preplanning for our budget, and preparing for different strategies that we can utilize to get through this difficult financial time.”
Landers mentioned that providing enough water to county residents “at an affordable rate” and navigating through the pandemic and financial concerns to eventually build a state-mandated new jail are priorities.
Holder of a master's degree in Public Administration from Brockport State College, Landers spent 10 years as the county’s deputy treasurer before becoming the assistant county manager. He talked about the plan that legislators and management drafted for him to eventually replace Gsell.
“The plan, in general … I thought the logic at the time – if everything worked out – that this would be a potentially a good fit for me to take over someday for Jay,” he said. “I was in the treasurer’s office for 10 years, enjoyed working over there with Scott (German), but when the opportunity over here came up, it was something that I kicked the tires, and spoke with Jay and some of the legislators then.”
German thanked legislators for “seeing what I saw (in Landers) when I hired him in 2004, and then quipped that Landers was “one of the top five deputies that I ever had working for me,” even though he only had three.
Legislators Marianne Clattenburg, John Deleo and Rochelle Stein congratulated Landers, expressing their pride in being able to promote homegrown talent.
“Matt, I could not be happier for the success that you have ahead of you,” said Stein, the legislature chair. “It will be another quarter of a century before this (transition) plan has to be put in place again.”
Landers said he couldn’t have had a better mentor than Jay Gsell.
“I have been able to learn a lot more about the county outside of the treasurer’s office, and have been put in a good position to succeed in the manager’s office because of the six years working under Jay,” he said.
Landers is active in the Kiwanis Club (he is a former president) and coaches and helps run a girls’ softball program. He and his wife, Melissa, reside in Batavia with their two children, Kaitlyn, 14, and Benjamin, 10.
Landers’ appointment takes effect on Aug. 15, and he will earn a base salary of $121,000.
Photo: Matt Landers, left; his mother and stepfather, Manetta and Paul Potter; and Jay Gsell following tonight’s Genesee County Legislature meeting. Photo by Mike Pettinella.
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