High school sports playoff games involving local teams this weekend are as follows:

FOOTBALL
Section V Championship
Class B
No. 2 Batavia (9-1) vs. No. 1 Honeoye Falls-Lima (10-0), 6 p.m. Saturday at Pittsford Sutherland High School (WBTA Radio AM 1490, 5:45 p.m.)
Class D
No. 1 Oakfield-Alabama/Elba (10-0) vs. No. 2 Avon (9-1), 7 p.m. Friday at Van Detta Stadium, Batavia (WBTA Radio AM 1490, 6:45 p.m.)

GIRLS VOLLEYBALL
Section V Class D Finals Tonight
Pavilion def. Fillmore, 25-12, 25-18, 24-14.
Far West Regionals
Saturday at Le Roy High School
Class C
Le Roy, Section V (22-1) vs. Portville, Section VI (19-2). 2:30 p.m.
Class D
Pavilion, Section V (24-0) vs. Chautauqua Lake, Section VI (17-0), 4:30 p.m.

GIRLS SOCCER
NYSPHSAA Final Four
Class C
Byron-Bergen, Section V (19-3) vs. Carle Place, Section VIII (8-4-1), 10 a.m. Saturday at Homer High School. Winner advances to Sunday’s title game at 10:30 a.m. at SUNY Cortland.

A view of Veterans Day at the VA Hospital and the Upton Monument.

And below, a replay of our documentary on the Upton Monument.

Just 5 percent.

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

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

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

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

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

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

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

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

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

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

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

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

• A site plan review for a 1,944-square foot (81 by 24) addition to the existing building owned by Gadd Properties (Alexander Equipment) at 3266 Buffalo St., Alexander;

• A site plan review for the Burning Barrell BBQ restaurant to be operated by Nicholas Rada at 10 East Main St., Corfu;

• A site plan review and area variance request for Harrington’s Farm Market to replace an existing greenhouse with a new 2,304-square foot (48 by 48) greenhouse on its property at 5282 Clinton St. Rd. in the Town of Stafford;

• A sign permit request from Pierrepoint Visual Graphics, Inc., of Rochester, to place new signs for a proposed UR Medicine office building at the Gateway II Industrial Park at 7999 Call Parkway in the Town of Batavia.

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

There are many moments in my life when I will see something that triggers a memory. It can be a memory of joy, sadness, or just comfort. You never know when it might happen, but it will transport you back to that time.

This particular day, I noticed the Black POW-MIA Flag flying in front of the new Court House.  I was brought back to 1970 in my college cafeteria listening to a student from the University of Buffalo.  She was standing on a table addressing the issues of a war that would affect all of us.  New vocabulary words were created, such as containment of Communism, draft lottery, and protests. For example, this is the definition of the draft lottery found online today. "A lottery drawing – the first since 1942 – was held on December 1, 1969, at Selective Service National Headquarters in Washington, D.C. This event determined the order of call for induction during the calendar year 1970 for registrants born between January 1, 1944, and December 31, 1950."  

Young men were anxiously positioned in front of the television set to see where their birth date would be drawn in the lottery. To this day, Baby Boomers can recall their number. Unfortunately, the flag also states, "You Are Not Forgotten," but when they returned home, they were.  There were no parades, no large gatherings at airports other than their families and close friends. 

Please understand that my father was a WW II Veteran, my uncle fought in the Korean War, and many of my students fought in Afghanistan.  I highlighted this war because it was my war. This article is dedicated to ALL of our courageous veterans.

"Our flag does not fly because the wind moves it… it flies with the last breath of each soldier who died protecting it." -- Unknown

Even though there are plenty of ceremonial activities for veterans to attend on Veterans Day, it’s sometimes necessary to bring the ceremony to the veteran.

And that’s exactly what the family members of Eugene DeFedericis decided to do this year. They not only planned a special day to honor his military service, but also for a little public recognition on his birthday, which happens to fall on Nov. 11 as well. 

His granddaughter-in-law, Stacey DeFedericis of Batavia, told The Batavian Wednesday of the surprise. 

“This is a salute to Veterans Day and to Eugene’s 97th birthday,” she said. “This is something special for him and his two great-grandsons. My boys are non-stop listening to his stories; they fell in love with him the moment they met him.”

Eugene, of Attica, is the grandfather of Jason DeFedericis, Stacey’s husband. He served in the United States Army during World War II and was stationed in Germany, France and Austria. A corporal C 5, the grand patriarch likes to share war stories and also serves as a role model for great-grandsons Abel, 6, and 4-year-old Haiden, Mrs. DeFedericis said. 

“He tries to instill being well-mannered and to present themselves to be the gentlemen they’re supposed to be,” she said. “He’s a strong guy, and very polite.”

The family has photos and articles of Eugene from his service days during 1944 to 1947. A framed collection of ribboned medals and one for sharp shooter is behind glass to protect the tokens of his service.

He has a flag up at his home and often wears a veterans WWII baseball cap, she said. Perhaps a given, he is “very, very patriotic,” she said, and used to travel around the county to various veterans ceremonies. He cannot walk as well as he used to, which prompted the family party at his home on Thursday. 

“It’s just a ceremony to say thanks, and for his birthday,” she said. “I’m just trying to do something special for him; it’s to show him he’s loved. I want him to know he’s still loved by us.”     

Photo: Veteran Eugene DeFedericis is flanked by great-grandsons Abel and Haiden, with grandson Jason and son Bob behind him. Photo submitted by Stacey DeFedericis. 

“It appears we’re pretty close to resolving this issue … which is great,” Oakfield Village Mayor David Boyle told The Batavian on Wednesday afternoon.

Boyle said he has spoken on the telephone with Town Supervisor Matt Martin and, if all goes well as they finalize the details, he expects them to issue a joint statement in the near future – possibly by the end of the week.

The mayor said both the town and village boards have met in recent days to talk about the terms of a new fire protection agreement. However, he said he wasn’t prepared to provide any specifics at this point.

He did say that mediation by the fire department’s attorney, as suggested by Oakfield FD Chief Sean Downing, was not necessary, although he did appreciate Downing’s efforts in finding a solution to the dispute.

The situation became public in late September when the village board threatened to stop fire protection for town residents, including the Oakfield-Alabama School District, on Nov. 30 if the town did not pay a $78,648 bill for services rendered during the 2020-21 fiscal year that ended on May 31.

At that time, Boyle indicated that the town also had not paid for the first three months of this fiscal year, and felt the town was “holding the village hostage” in an attempt to renegotiate the shared services pact.

Fire trucks and equipment are owned by the village, which directs the OVFD. The building on Albert Street is owned by the fire department.

The current payment structure to cover operational and equipment costs stipulates that the village pays 42 percent and the town pays 58 percent. Boyle has said that when breaking that down by assessed valuation, village residents were charged $1.62 per $1,000 while town residents were charged 60 cents per $1,000.

The town board disputed those figures, and put out a statement that it wished to work toward “a fair and equitable fire agreement.”

As of mid-October, the village’s position was that the town pays the entire amount due to the village and signs a contract for this fiscal year (or a multi-year agreement) and then the village board would be open to exploring any changes.

The town, meanwhile, communicated on its website that it was seeking a three-year service contract only that would not include capital expenses because the village owns all the fire equipment.

Both Boyle and Martin previously said that the matter was being turned over to the village and town attorneys, respectively, who likely offered advice that has – according to Boyle – put them on the threshold of a deal.

Previously: Fire chief's suggestion of mediation may be the answer to ending stalemate between town, village boards

Today is Veterans Day -- and an appropriate time for members of the local Veterans of Foreign Wars chapter to invite Batavia-area residents to an "open house."  The public is welcome to come to the Veness-Strollo Post 1602 at 25 Edward St. from noon to 3 this afternoon to learn more about the organization, enjoy a bowl of soup or chili, and have a beverage. New members are welcome. For more information, call 585-344-3249.

Sweet Betty’s grand opening was a long time in coming.

In fact, about 14 months long. Blame it on Covid-19, that insidious virus that closed a few businesses and left others short-staffed due to employee scarcity. 

“We opened Aug. 3, 2020,” co-owner Gabby Keister said Wednesday at her Le Roy restaurant. “Because of Covid, we didn’t want to promote a crowd. We kept saying we’ll do it ‘next month,’ and we never did. We want people to know we’re open.”

That long-awaited grand opening finally happened today. The establishment actually was to open even earlier. Keister, whose nickname is Betty, and her husband Scott, bought the site at 15 Main St. in February 2020 and strategized a spring opening. It would be a sweets-themed shop of ice cream and candy. They were in the thick of Covid-19 at that point, so the couple kept working on the interior renovations while cleaning out most everything from the former diner. 

Not exactly strangers to the restaurant field, the Keisters owned and operated Le Roy Country Club for three and a half years about 25 years ago. Children and the demands of raising a family prompted them to close, she said. Now that the kids are older, the couple decided to give it another try.

Bright yellow walls and a black-and-white checkered floor provide a welcoming, cozy greeting. There is seating for 75 diners, and take-out and delivery are also available. The menu morphed into lunch, dinner, and desserts.

“We kept getting bigger and better ideas … and it just flourished,” she said. “Our objective is to have something for everyone.” 

For local patrons, it was apparently worth the wait. Regulars line up for burgers, pizza, chicken tenders, specialty desserts, and the Flying Betty sandwich, Keister said. The burgers are a trio blend of three different cuts of meat, which has made them a hit amongst customers, Mr. Keister said. He deals with a vendor that exclusively provides the meat combo to Sweet Betty’s in the Le Roy area.

Most of the meals are handmade from scratch, such as tenders of breaded chicken breast, a gooey salted caramel cheesecake individually sized, and seasonal desserts and cookies. The pumpkin flavor is the star of the show right now. 

One of the most popular dishes is the Flying Betty, a fried chicken breast topped with homemade coleslaw and pickles. That “came from a mistake,” Mrs. Keister said. Staff sampled it and thought it was good enough to put on the menu.

Wraps, fruit and vegetable salads, brownies, and 27 flavors of Perry’s ice cream round out the menu, plus the homemade chocolate and vanilla waffle cones. And several varieties of draft and canned beer, red and white wine, frozen wine slushies, and — especially cool with the teenagers — bubble tea. Just as it sounds, a bubble is placed in the bottom of a glass, tea is added, and the bubble travels up the straw and pops. 

Mrs. Keister feels good to know that parents are comfortable enough to drop off their kids for a burger at the place, she said. That’s an indication of what she wanted it to be: a “clean, safe, friendly atmosphere,” she said. 

“In that respect, we’ve been very successful; we get a lot of compliments,” she said.

In its short existence thus far, Sweet Betty's has already become a gathering place for the Le Roy community, said Steven Falitico, membership development director of Genesee County Chamber of Commerce.

Falitico sees the restaurant as a great addition to Main Street, Le Roy.

“Small town charm is strong in Genesee County, and it's our local businesses, like Sweet Betty's, that make our communities more enjoyable places to live,” he said. “A special thank you from The Chamber goes out to Gabby Keister, the owner of the establishment. She was born and raised in Le Roy and wanted to make an impact on her hometown. Her entrepreneurial spirit and drive are what made this restaurant possible.”

Hours are 11:30 a.m to 9 p.m. Wednesday through Saturday. For more information, call 585-502-6084.

Photos by Howard Owens.

Top photo: Today's ribbon cutting.

Gabby Keister, her husband Scott Keister, and their son Scott (on left).

Roger Martin typically gets up at 9 each morning, but not this time. He had a wake-up call he couldn’t miss. 

“I got up early this morning so I could be here,” the U.S. Navy veteran said Wednesday at Batavia High School. “I think it’s great they recognize the history of the country and the veterans that serve and protect.”

This was the fifth year of the high school’s effort to recognize local veterans with a special red, white and blue ceremony of all things patriotic, from the Pledge of Allegiance and raising of the U.S. flag to heartening music and words of appreciation.

Martin served in the Navy from 1945-1946. He was a petty officer third-class electronics technician. The 95-year-old Batavia resident took part in the school’s Veterans Day ceremony, one day early to provide veterans with some pomp and circumstance by a concert band, orchestra, and uninformed participants. 

A flag-raising ceremony, a musical tribute of the “Star-Spangled Banner” and words to honor military service people filled the air on the front lawn. High School Principal Paul Kesler thanked the many veterans in attendance for their service and dedication to this country. 

“Men and women like you have protected all of us,” he said. “And we appreciate you.”

Kesler then highlighted veterans who are also on the BHS staff, and gave them a “small token of our appreciation.”

Christopher Gorton is a high school special education teacher and United States Army veteran who served from 1984 to 1992. He earned Army Achievement and Good Conduct medals, and a German shooting award. New to district staff this year, Gorton carries a Commander in Chief’s “challenge coin” that he was given when his unit was honored with its second presidential unit citation from the First Battalion Sixth Infantry Delta Company.

The United States Air Force veteran John Marat is a high school substitute teacher. He served from 1998 to 2005 and met his wife Elizabeth during active duty. Mr. Marat was discharged in 2005, while his wife continued on with military life for 22 years, eventually relocating to the Western New York area.

Don Hawkins is a retired high school special education teacher who served in the U.S. Army from 1969 to1975. He worked at BHS for 30 years and was a specialist 5 during his military service.

Gregory Ciszak is a high school counselor who served for 12 years with the 152nd Engineer Company in the Army National Guard. A staff sergeant and horizontal construction engineer, Ciszak, and his unit were activated to assist with many state emergencies, including snowstorms, floods, and the 9/11 terrorist attack at the World Trade Center. 

Earth science teacher Christopher Weicher served in the U.S. Marine Corps from 1987 to 1991. His service included two combat deployments during Operation Just Cause in Panama and the Gulf War. He received two combat action ribbons, a Presidential Unit Citation and a Meritorious Unit Citation while serving with the Sixth Marine Regiment. 

Martin wished more people had attended, as he enjoyed the morning, he said. It’s important to honor veterans while they are still here, he said. 

“I’m proud to be an American,” he said. “There are not too many of us left.”     

Top Photo: Batavia resident Roger Martin, a U.S. Navy veteran, puts his hand to heart during a ceremony to honor military servicemen and women Wednesday at Batavia High School.

Photos by Howard Owens

Vaccine mandates are one thing; testing requirements are another.

Concerning the latter, Genesee County Manager Matt Landers is advising Genesee County legislators to be prepared to make a decision on how to govern the COVID-19 testing mandate that he believes is coming to municipal employees.

“With recently, the stop-start, stop-start 100-employee mandate out there for testing purposes, I have been meaning to reach out and give an update,” Landers said during today’s legislature meeting at the Old County Courthouse.

Landers said he is operating “under the impression” that there will be a testing requirement for all unvaccinated county employees only, with the big question being who will pay for the testing – the county or the individual employees?

“We are developing procedures to gather that data in a more formal manner. We already have a good handle on that number because our own policy internally has been if you wanted to have your mask off, you had to show proof of vaccination.”

He said more “rigorous steps” are on their way, including the need to have vaccination data available for inspection.

“We’re going through that process right now with HR (Human Resources) and implementing a recommendation in the internal side. This is going to be coming before the legislature for consideration on a policy on how we want to handle this because there's a lot of questions out there,” Landers said.

The county manager said some counties are covering testing and some aren’t. He said he will ask the HR manager’s office and public health department to draft some “solid recommendations” on the implementation before getting back to the legislature.

“I can see the arguments going both ways of us providing the testing, and also us not – and there’s good arguments on both sides,” he said in his comments to lawmakers. “So, be ready for that discussion coming up in a few days.”

In other developments, the legislature passed the following resolutions:

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

The principal changes reduce the current number of units being rented at a location from six to one and set the number of days at 14 or more over the course of a year.  These revisions would align properties under the auspices of booking companies such as Airbnb and VRBO with hotels and motels and make them subject to the 3 percent occupancy or bed tax.

The new law takes effect on Jan. 1, 2022 and runs through Dec. 31, 2024.

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

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

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

Not even a year into a new program at Le Roy High School that is focused on student success, Jen Bertrand reported to the Board of Trustees on Tuesday night that several students are already showing great improvement both socially and academically.

Bertrand, the Grade 9-12 Intervention Specialist for the district, is working with 52 students in the Student Success Center. Six are seniors, 10 juniors, 22 sophomores, and 14 freshmen.

Successes look like this:

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

All of the students in the program deal with anxiety or depression and several have been through traumatic experiences.

Bertrand said the success center essentially provides a "life coach" to troubled students, offering support on getting assignments done, helping with developing good work habits, organization, time management, painting social and mental health, ensuring these skills are transferable to other classes and situations.

"We try to capture those magic moments really showing the students they're not alone," Bertrand said.

Bertrand shared, without revealing names, the feedback she's received from her fellow teachers for the board to read.  For example:

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

She also shared anonymous quotes from students:

Before taking on this new role at the school, Bertrand was the tech coach at the high school.  At a board meeting in June, she heard High School Principal Tim McArdle discuss his desire to create an intervention program.  The idea resonated with her.

"I thought, 'I want to do that,' she said. "There was just a light in me to do help these students."

Press release:

One of the largest carryover pools currently being offered at any race track in North America is available at Batavia Downs on Wednesday (Nov. 10) when $16,246 will seed the proceedings in the Jackpot Hi-5 pentafecta wager in the tenth race. With no unique winning ticket having been purchased on this wager in the past several weeks, the pool has grown to one of the largest the Downs has seen and offers a great mid-week betting opportunity both live and off-track.  

There is another carryover being offered in race five where $1,508 will be available for the Jackpot Pick-6.

Free full past performance program pages for all live Batavia Downs races can be downloaded at bataviadownsgaming.com under the live racing tab in the left-hand column where they are always available. 

And if you can’t attend the races in person, you can still watch a live stream of the entire night’s action on the Batavia Downs Youtube channel.

Post time for the first race is 5 p.m.

Legal Notice: 

Please take notice that the annual election for the East Pembroke Fire District will take place on December 14, 2021 between the hours of 6pm and 9 pm, at the District hall, located at 8655 Barrett Drive, Batavia NY.
For the purpose of electing two(2) Fire District Commissioners.
     - one for a five(5) year term commencing on January 1, 2022
     - one for a one(1) year term commencing on January 1, 2022
Petitions may be obtained by contacting District Secretary Mary Ann Chatley, by phone (585)-813-6576, or email chatleym@gmail.com.
Qualified candidates shall file their petitions signed by (25) registered voters of the East Pembroke Fire District.
Petitions must be filed with the District Secretary no later than November 30, 2021.
 

City of Batavia Manager Rachael Tabelski today announced the appointment of Michael Ficarella (photo at right) to the position of Superintendent of Water and Wastewater for the City of Batavia.

Ficarella, a lifelong resident of Batavia and has worked for the City for nine years serving in various positions -- most recently as the Senior Water and Wastewater Maintenance Worker.

The Superintendent of Water and Wastewater is responsible for the water and sewer distribution systems, oversite of the Water Plant, the Wastewater Plant, and City owned facilities.  The Superintendent is responsible for working directly with the residents, businesses and industries on water supply and sewer discharge.

"Michael has the unique skills and leadership qualities we need in the Bureau of Water and Wastewater.  In addition to the daily oversight of the City’s sewer and water systems, he will participate on the City’s management team, capital planning group, and help deliver on the City’s strategic priorities and annual budget,” Tabelski said.

Ficarella will start his new position on Nov. 29 and will work alongside Bill Davis, current Superintendent of Water and Wastewater, for the next four months as Davis transitions into retirement in March 2022. Starting salary is $75,978.

Ficarella holds a Bachelor’s degree in Early Childhood Education from Niagara University and is active with his children’s sports teams.  He has coached youth baseball, football and soccer over the years.  He currently lives in the City of Batavia with his wife Natalie and their two children, Vincent and Anthony.

The last four superintendents of the department, John Schaefer, Matt Worth, Jim Ficarella and Bill Davis, all retired or will be retiring after long careers with the City. Michael Ficarella is the nephew of Jim Ficarella. 

The Genesee County Planning Board has 12 referrals on the agenda – including a site plan review of a proposed 5-megawatt solar system in the Town of Le Roy – for tonight’s 7 o’clock meeting at County Building 2 on West Main Street Road in Batavia.

The board is meeting a day earlier than usual due to Veterans Day on Thursday.

AES Clean Energy, based in Louisville, Colo., is seeking to build the ground-mounted commercial solar array on 38.7 acres of two parcels of land approximately covering 66 acres at 7054 West Main Rd., Le Roy.

The land, owned by Route 5 Storage LLC, care of M.J. Prinzi, is located in an Industrial (I-1) District on the south side of the highway, across from the Keeney Road intersection.

According to submitted documents, the system – consisting of 20,142 modules – will take about four to six months to build after final approvals. It will feature an access road from West Main Road. It also will be classified as a “community” solar farm in that it will provide energy to the existing electric grid and allow local customers to contract for electricity at or below current market rates.

Genesee County Planning Director Felipe Oltramari and staff are recommending approval of the project with modifications centering on the applicant following all New York State Department of Agriculture and Markets construction mitigation guidelines and by relocating the driveway and equipment pads from the middle of the field to the end of the field to minimize the impact upon future farming.

Other referrals of note are as follows:

• A site plan review for a 1,944-square foot (81 by 24) addition to the existing building owned by Gadd Properties (Alexander Equipment) at 3266 Buffalo St., Alexander;

• A site plan review for the Burning Barrell BBQ restaurant to be operated by Nicholas Rada at 10 East Main St., Corfu;

• A site plan review and area variance request for Harrington’s Farm Market to replace an existing greenhouse with a new 2,304-square foot (48 by 48) greenhouse on its property at 5282 Clinton St. Rd. in the Town of Stafford;

• A sign permit request from Pierrepoint Visual Graphics, Inc., of Rochester, to place new signs for a proposed UR Medicine office building at the Gateway II Industrial Park at 7999 Call Parkway in the Town of Batavia.

Photo: Overhead view showing the parcel of land (with blue line around it) earmarked for a 5-megawatt solar system on West Main Road in the Town of Le Roy. West Main Road is along the top and East Bethany Le Roy Road is to the right. Courtesy of Genesee County Planning Department.

For the fourth time since he entered a guilty plea for defrauding funeral home customers, Michael Tomaszewski today was granted a delay in his sentencing by Genesee County Court Judge Charles Zambito.

Zambito said he granted the delay reluctantly, noting that at Tomaszewski's last court appearance he told him that continuance would be the last one.

Tomaszewski fired his previous attorney, Thomas Burns, and had told the court in October that he was going to hire a specific private attorney.  He did not hire that attorney and, yesterday, Tomaszewski asked for representation by the Public Defenders Office.

First Assistant District Attorney Kevin Finnell, who is also new to the case, called Tomaszewski's failure to retain a new attorney in a timely manner a "delaying tactic."  He asked Zambito to proceed with the sentencing today.

Today, Public Defender Jerry Ader appeared with Tomaszewski and said that doesn't know enough about the case or Tomaszewski to appropriately represent him and requested Zambito give him time to review files he received on a flash drive from Burns.  He said he hadn't opened the flash drive yet and doesn't know what documents might be on it, what might be missing, nor how many documents he needs to review to prepare for sentencing.

"I don’t have an idea right now how much time I need," Ader said. "I don’t know how much information I need."

Zambito noted that Tomaszewski owes a substantial amount of restitution to his victims, holding up a binder at least three inches thick that he indicated contains restitution claims.

In the gallery, there were a couple of dozen victims who came to court expectingTomaszewski to finally be sentenced.

"There are people here who have been here repeatedly, victims who want to address the court," Zambito told Ader. "There have been victims who have passed away. I received a notice earlier this week that a victim had passed away and this matter still isn't settled."

"I don't what his release status is or bail," Ader said. "I don't know if my client has always appeared in court or what his track record is."

He said with the prospect of Tomaszewski owing victims money, locking him in jail would mean Tomaszewski, who is employed, would stop earning money that might help pay restitution.

And that is a complicating factor in preparing for sentencing, Ader said. He didn't think a two-week delay would give him enough time to prepare. 

Some of the victims in the gallery whispered to each their dissatisfaction with the delay as the hearing proceeded.  Outside court, a couple confirmed they were disappointed but also said they understand how the court system works.

"I came in, I figured the same thing would happen," said Harry Tyson. "It's just going to be dragged out. And next time we come, it'd be something different. Dragged out. I guess he's doing his job as a lawyer. But, you know, we'd like to see it ramped up and get it over with."

His wife, Kathy, said, "I heard today that he waived his right to a speedy trial for his benefit. But what about everybody that keeps coming back, coming back? Waiting for something to happen?"

Their family lost $7,000 and have little expectation of being repaid, Kathy Tyson said.

"If people cannot get paid back, then I think he needs to be in jail," she said. "I really do. He can't be out there running around and doing whatever."

Al Kurek said he considered Tomaszewski a friend and was disappointed in him.  Kurek said he lost $2,800.

"I don't know what happened," Kurek said. "He got too big, too fast? No idea why, but I don't think it was drugs. I don't know if it was gambling. Nobody knows. It's just more out of the pocket than in. What can I say?"

The former funeral director entered a guilty plea in April -- a hearing that had also been delayed a couple of times -- to counts of grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years and he was scheduled for sentencing yesterday.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, was initially arrested in July 2020.  He initially faced more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

Both personally, and through his company, Acme Holdings of New York, Tomaszewski filed for bankruptcy in Federal Court on Feb. 5, 2020. Combined, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities. 

This morning, Zambito wondered if he should revoke Tomaszewski's bail status -- he's released on his own recognizance -- and Ader said he didn't even know enough about the case to represent Tomaszewski on that question.

Zambito said he wanted to make sure Ader had enough time to prepare, he said, because "I'm not going to grant another adjournment."

Ader said there would be "no problem getting the case resolved before the end of the year."

The new sentencing date is Dec. 7 at 10:30 a.m.

Tomaszewski has not missed a court date and when Zambito warned him that if he doesn't appear on Dec. 7, he will be sentenced in his absence. 

"I'll be here, Judge," Tomaszewski said. 

Byron-Bergen Central School sports fans are abuzz these days thanks to the exploits of the Lady Bees girls soccer team that will compete in this weekend’s New York State Public High School Athletic Association Class C tournament.

Coach Wayne Hill’s team has advanced to the state’s Final Four by virtue of its three most recent post-season victories:

• 4-1 over Harley-Allendale-Columbia for the Section V Class C2 championship;

• 3-2 over previously undefeated Warsaw in a Class C crossover match;

• 1-0 over Frewsburg of Section VI over the weekend in the Far West Regionals.

The Lady Bees, 19-3, will be riding that momentum into a 10 a.m. Saturday battle against Carle Place (Long Island) of Section VIII. The game will be played at Homer High School.

The winner will play for the state title at 10:30 a.m. Sunday at SUNY Cortland versus either AuSable Valley or Elmira Notre Dame.

“This is the farthest a Byron-Bergen team has ever gone,” Hill said, adding that the sectional crown is the school's first since 2013. “We never made it past regionals before. So, this in unchartered territory for us.”

Hill took over as varsity coach in 2015 after serving as an assistant in Batavia and has built a powerhouse squad led by eighth-grader Mia Gray, an elite talent who earned Genesee Region Player of the Year honors with league-leading 27 goals and 18 assists.

“She drives the team,” Hill said, speaking of Gray. “She’s a fantastic young player who is incredibly gifted with the ball. She never turns it over. She sees the field very, very well – and she’s an exceptional dribbler, passer, shooter and defender.”

Gray has plenty of support, Hill was quick to add, in sophomores Mackenzie Hagen (21 goals) and Emma Starowitz (14 goals and 11 assists), junior defensive standout Ava Wagoner and eighth grader Elizabeth Starowitz -- a jayvee call-up who scored her first varsity goal in the 3-2 win over Warsaw.

In the victory over Frewsburg, freshman Ava Gray (Mia’s sister) scored on a penalty kick late in the first half for the game’s lone goal. Ava Gray has six goals this season.

And there’s senior goalkeeper Brooke Jarkiewicz who has given up only 12 goals in 22 games while making 109 saves.

Statistically, the Lady Bees have dominated, scoring 80 goals in their 22 games while allowing 12 goals. Their three losses were by 1-0 scores.

Other members of the team are seniors Hallie Wade, Sasha Schramm, Alayna Streeter, Emma Will and Mikaylah Pocock; juniors Julia Will, Emma Dormann, Grace Capostagno, Kendall Phillips and Stella Briggs; sophomores Megan Zwerka-Snyder, Victoria Rogoyski and Novalee Pocock; freshman Ashley Schlenker-Stephens, and eighth graders Grace Diquattro and Megan Jarkiewicz.

Gina Gray, Grace Campbell and Luke Audsley are the assistant coaches.

With so many players set to return for at least a couple more seasons – plus strong modified and junior varsity programs – the future looks bright for B-B girls soccer.

“We are going to be good for a while,” Hill said.

Submitted photo: Byron-Bergen varsity girls soccer team gather for a team picture following their Far West Regional victory over Frewsburg.