batavia

David M. Schmieder, 26, of Silver Road, East Bethany, was arrested after he allegedly assaulted a Wyoming County Sheriff's Deputy in the Village of Gainesville last month. At 1:04 p.m. on Sept. 23 Wyoming County Sheriff's deputies responded to a complaint about a man walking down the middle of Route 19, obstructing traffic and acting irrationally. Upon arrival, Schmieder allegedly refused to follow orders and ignored deputies. When one deputy approached Schmieder, the police report says he "forcefully punched the deputy in the head." A short struggle ensued and two deputies were able to take Schmieder into custody. The defendant is accused of being found with an amount of suspected drugs in his mouth, "which he refused to spit out." The injured deputy was transported to Wyoming County Community Health System for treatment of non-life-threatening injuries. Schmieder was taken to Wyoming County Community Health System for "treatment of a medical condition." On Oct. 1 he was released from Erie County Medical Center and arrested. Schmieder was taken to Wyoming County Jail for virtual arraignment in front of Wyoming County Court Judge Michael Mohun. He is charged with: second-degree assault; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; disorderly conduct -- obstructing traffic; and violation of probation. Schmieder was put in Wyoming County Jail without bail on the count of violation of probation. On the other charges, bail was set at $100,000 cash, $200,000 either bond or partially secured bond (same amount).

Hope Marie Grasso, 50, of Haven Lane, Le Roy, is charged with: criminal possession of a forged instrument in the second degree; attempted grand larceny in the third degree; and attempted grand larceny in the fourth degree. She was arrested at 10:04 p.m. Thursday, Oct. 8. Grasso had allegedly possessed two fraudulent checks that amounted to a combined total of $52,800 and she is accused of trying to cash them at a local bank. She was put in jail and was scheduled to be arraigned this morning (Oct. 9) in Batavia City Court. The case was investigated by Genesee County Sheriff's Deputy David Moore.

Francisco Martinez Jr., 47, of Maple Street, Batavia, is charged with: open container of alcohol on public property; petit larceny; two counts of endangering the welfare of a child; and second-degree harassment. He was arrested after an investigation into a disturbance at 3:38 p.m. Oct. 3 in Austin Park on Jefferson Avenue in Batavia. He was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Adam Tucker.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with burglary in the second degree -- illegal entry into a dwelling, and disobeying a mandate of a judge. Gibson was arrested at 3:24 p.m. on Oct. 4 on Washington Avenue in Batavia after allegedly unlawfully entering the home of a person with a complete stay away order of protection. Gibson was arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice with a 24/7 house arrest order. Gibson was due to return to court on Oct. 8. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

Mark Theodore Helm, 39, of State Street, Batavia, is charged with second-degree harassment. Helm was arrested on Oct. 5 after an investigation into an incident that occurred on State Street at 3:10 on Sept. 28. Helm is accused of pushing and punching another male during an altercation. Helm is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree harassment. He was arrested at 1:24 this morning, Oct. 9, after an alleged altercation with another person. Leroy was released with an appearance ticket to be Pembroke Town Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy David Moore.

Zachary V.D. Seeley, 23, of Lyman Road, Bergen, is charged with aggravated criminal contempt. He was arrested on Oct. 5 following an alleged violation of an order of protection that occurred at 9:09 p.m. Sept. 26 on Ellsworth Avenue in Batavia. Seeley was arraigned in Batavia City Court via Skype then put in jail "until his return date" to court on Nov. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Dan Coffey.

Jeffery Robert Roth, 54, of South Main Street, Oakfield, is charged with second-degree criminal contempt for allegedly disobeying a court order. Batavia Police Officer Peter Post arrested Roth on an active arrest warrant out of Batavia City Court and the defendant was arraigned on Oct. 4 via Skype. Roth was put in jail on $2,000 cash bail or $4,000 bond and is due back in court on Nov. 5. Post was assisted by Batavia Police Officer Kevin DeFelice.

Grace C. Murray, 21, of Hawks Road, East Bethany, was arrested Oct. 2 after she turned herself in at Batavia Police Headquarters on a bench warrant out of Batavia City Court. It was issued after she allegedly failed to appear for sentencing on an undisclosed matter on Sept. 15. Murray is to return to court on Oct. 15. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

A customer at the Sunoco Gas Station and convenience store adjacent to the MacDonald's on East Main Street in the city called police after allegedly being harassed by a clerk there.

She told a dispatcher she was harassed and when she attempted to buy something, the clerk "told to get out of the store, and starting swearing at her. He's outside now recording her" on his cell phone.

The customer is inside her red Pontiac Vibe and two police units arrived on scene a couple of minutes ago.

A caller to dispatch reports that a group of juveniles on North Spruce Street in the area of North Street were taking down Biden political signs and replacing them with Trump signs.

They are riding bicycles and skateboards. The caller says a neighbor is one of the people whose sign was replaced.

City police responded to the area but with "negative results" -- the youths left.

UPDATE 1:30 p.m.: A caller to dispatch reports a group of kids on bicycles are in the area of Chase Park and Elm Street "with a large amount of election signs." An officer is out with the juveniles now.

From St. Paul Lutheran Church & School:

St. Paul Lutheran Church & School is hosting a drive-thru Chiavetta's Chicken BBQ this Sunday, Oct. 11 from 11:30 a.m. till sold out.

It is located at 31 Washington Ave., Batavia.

Tickets are $12 per dinner, which includes chicken, potato salad, macaroni salad, roll & butter.

Presale tickets are available by phoning Diane at 356-8789 or the Main Office at 343-0488. (School families can send in an envelope addressed to M. Keberle containing your name, payment and number of tickets.)

You can also purchase tickets the day of the event at the drive-thru.  

"We hope you all will participate in supporting St. Paul Church and School!"

Batavia-based funeral director Michael Scott Tomaszewski was arraigned on 15 new charges in Genesee County Court this morning as a result of the continuing investigation of his business practices.

He owns Michael S. Tomaszewski Funeral Home & Cremation Chapel, Acme Holdings of NY Inc., which owns the building that houses his funeral home on West Main Street Road, and adjacent property, including the Dibble Family Center.

On July 23, the Edgewood Drive resident, 48, was charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services for 91 customers.

Since his initial arrest, 11 additional victims came forward.

Today's virtual arraignment via Skype in front of Judge Charles Zambito was for:

• Seven counts of third-degree larceny (Class D felony);
• Grand larceny in the fourth degree (Class E felony);
• Three counts of petit larceny (Class A misdemeanor); and
• Four counts of failure to deposit monies (in violation of NYS General Obligations law).

According to the report from the Genesee County Sheriff's Office, Investigator Christopher Parker states the new charges "represent additional allegations concerning conduct related to monies paid to Tomaszewski for prepaid funeral and grave markers which were not used for their intended purpose."

In February, Tomaszewski filed for bankruptcy for Acme Holdings under Chapter 11 in Federal Court. He has also filed for personal bankruptcy.

Following today's arraignment, Tomaszewski was released on his own recognizance.

The investigation is continuing.

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.

Previously:

Local funeral director charged with stealing money from customers

Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains

Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains

People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor

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Two females are accused by a resident on Noonan Drive in Batavia of stealing a Trump campaign sign off their lawn. A black female and a white female allegedly took the sign, which the male resident retrieved.

They walked away and police were called. They are responding to the "pretty agitated" Noonan Drive resident, who is said to be out with one or both of the females on Oak Street now.

Alice Ann Benedict is in only her fourth month as president of the Board of Education for Batavia city schools but she's already looking to make a significant change to a board policy that she said has bothered her for a long time.

Under the previous leadership of Pat Burk, who resigned suddenly over the summer, if a member of the public came to a board meeting and asked a question, Burk would inform the speaker, "We don't answer questions from the public."

Benedict wants to provide the public with public answers to board questions.

She brought the issue to the board's attention at Monday's meeting and Superintendent Anibal Soler Jr. suggested after the board discussion that the board hold off on changing the policy until staff can formalize the language and make a recommendation.

If the board adopts Benedict's suggestion, the district will offer a form on the district's website where members of the public could ask questions of the board. If the question is submitted prior to a set deadline -- such as 5 p.m. on the Thursday before the board's Monday meeting -- then either the board president or the superintendent would prepare an answer. At the next board meeting, during the "public speaks" portion of the agenda, the question and answer would be read aloud. 

Currently, Benedict said, if a question is sent to the district, either she or Soler answer it and the board never sees the question unless Benedict forwards it to them. Benedict would like the entire board to be informed of questions from the public.

During COVID-19 restrictions, members of the public are not attending meetings but once restrictions are lifted, Benedict wants the board to have in place a policy that would allow members of the public to ask questions. If questions are submitted in advance, they will be answered at the meeting. If not, the board president or superintendent will answer the question at a subsequent meeting.

Benedict expressed concern that some people, like herself, are not "quick on their feet" when it comes to answering questions, which is why she wants a built-in delay on answering questions so there is time for research and consideration.

"I always felt like before when I was on the board, I never liked the idea that if a community member took time to come to the board to make a comment or ask a question, we would never answer," Benedict said. "We would never answer the question. That really bothered me."

At first, Trustee Shawna Murphy seemed a little confused by the suggestion, noting that the public has always been allowed to speak at meetings.  After Benedict spoke more about her idea, Murphy said, "sounds beautiful."

Soler said it usually takes two readings for the board to adopt a new policy. He said the policy should incorporate best practices for dealing with public speakers and also suggested the policy should mimic what he said other districts do, which requires public speakers to sign up to speak hours in advance of the meeting "so people can't come and disrupt the meeting."

A pedestrian was struck by a vehicle on Harvester Avenue.

The patient is complaining of leg pain.

City fire and Mercy EMS responded and a short time later, Engine 11 went back in service.

Batavia city schools are looking at a nearly $5.5 million revenue shortfall in the current fiscal year due to the global pandemic that has caused an economic retraction, and dealing with that shortfall is likely to mean the district needs to cut services and personnel, Superintendent Anibal Soler Jr. informed school board members on Monday night.

Soler told the board that state aid has been cut by 20 percent, or $425,000, so far. The state says it is "withholding" the funds but there's no guarantee the funds will be backfilled, nor that there won't be more "withholding" during the remainder of the year.

The state is facing a $16 billion budget shortfall and the deficit over the next four years is expected to grow to $66 billion.

That doesn't bode well for the future of school funding, Soler said.

The superintedent said he was trying to present the board and the community with a realistic picture of the situation the district finds itself in through no fault of its own.

"If we don’t sound the alarm now and it gets sounded for us, we may be seen as not being as transparent as we can," Soler said.

While a lot of people suggest cutting things like supplies and materials, that's only 2 percent of the school district's budget. The biggest portion of the budget goes to payroll and benefits -- about 70 percent, so if it becomes necessary to cut spending, that will be the area where the district can make up much of the projected shortfall.

"At $5.4 million, you start doing the math and that's a significant number of services or employees we have to change," Soler said.

The total district budget is $51,470,726 and is supported by $27,477,066.

The unknowns at this point is: Whether there will be a round of 20-percent withholding in August and December and whether Congress will at some point approve a stimulus package that includes funding for schools.

Soler said state education officials are leaning heavily on the idea of waiting to see what happens after the election.

If the cuts turn out to be permanent, Soler outline several possible responses:

• Cut teacher aides to four days a week for a savings of $301,210;
• Cut custodial work to four days a week for a savings of $246,126;
• Go to 100-percent remote learning to cut transportation costs by $576,000;
• Eliminate activities such as music for a savings of $143,551;
• Cutting athletics could save $284,089;
• Increasing class size to 28 pupils per teacher, the maximum allowed by the current union contract, could save $630,000;
• Eliminating non-mandated staff, such as teachers for elective courses, non-graduation requirement courses, extra librarians, some tutors and counselors, an administrator, and some aides, could lead to another $3 million in savings;
• Eliminating the school resource officer would save $54,000.

What to cut and how much is a matter of priorities and a balancing act, Soler said. For example, eliminating transportation would mean a cut in state aid for transportation in future years.

Also on the table for discussion, Soler said, is a dramatic tax increase. He took notice of the possible 89-percent property tax increase in the Town of Batavia as an example of the tough budget choices the pandemic is forcing on local governments.

"Obviously, I'm not saying that's our approach but we're probably not going to be able to come out of this with no tax increase," Soler said. "It's tough because they're (property owners) are also struggling with these economic conditions."

Board Member Shawna Murphy wondered out loud why the idea of a tax increase was such a heinous idea. She suggested most people in Batavia could handle a tax increase.

Another board member spoke up (it was hard to identify the speaker on the livestream of the meeting) and said many older residents have already put their children and their grandchildren through school and now live on a fixed income. She was hesitant to burden them with a tax increase.

"I have more concern for the older property owner," she said. "Their home is the last thing they're clinging to and we're asking them to make quite a sacrifice when they have no children in the system."

The district does have about $1.75 million in reserves but that money will run out quickly if other action isn't taken, Soler said.

The district will know much more about its financial situation by the Nov. 23 board meeting, Soler said. Until then, he said, the district needs to remain "stay the course and remain Batavia Strong" and study its options.

On another budget item, the board unanimously approved an amendment to the superintendent's contract that granted Soler a $4,800 annual raise, bringing his compensation to $164,800 per year. The board did not discuss the salary increase prior to the vote.

Montell L. Cunningham, 27, of State Street, Batavia, is charged with second-degree strangulation, second-degree burglary and second-degree harassment. Cunningham was arrested at 7:22 p.m. on Sept. 29 after an investigation into a domestic incident that occurred on Sept. 13 on Tracy Avenue in Batavia. After arraignment in Batavia City Court, the defendant was put in jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond. A stay away order of protection was issued for the victim. Cunningham is due back in city court on Oct. 29. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Joshua K. Williams, 29, of McKinley Avenue, Batavia, is charged with: endangering the welfare of a child; criminal obstruction of breathing; and third-degree assault -- all Class A misdemeanors. He was arrested Sept. 23 on a warrant out of Batavia City Court. It was issued after an investigation into a domestic incident on McKinley Avenue on Oct. 7 of last year. He was arraigned in Batavia City Court with bail set by Judge Durin Rogers of one buck. Williams is due back in court on Oct. 28. The case was handled by Batavia Police Officer Christopher Lindsay.

Joshua K. McKinley, 29, of McKinley Avenue, Batavia, was arrested at 9:30 a.m. on Sept. 23 on a bench warrant out of Batavia City Court. It was issued after McKinley allegedly failed to participate in a court-ordered program. He was arraigned in city court and put in jail with bail set by Judge Durin Rogers of one buck. He is due back in court on Oct. 28.

Danielle E. Cummings, 42, of Batavia Oakfield Townline Road, Batavia, is charged with: aggravated unlicensed operation in the second degree; unlicensed operator; following too closely; and leaving the scene of a property damage accident. Cummings was arrested at 3:25 p.m. on Aug. 4 on Park Road in Batavia. The arrest was made after an investigation into a hit and run motor-vehicle accident on Park Road. She is due in Batavia City Court on Dec. 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Samuel Freeman.

Robert Scott Douglas, 40, no address provided, is charged with third-degree grand larceny. He is currently incarcerated at the Wyoming Correctional Facility. He was arraigned via Skype in Genesee County Court and ordered held on $100 bail. The warrant for his arrest stemmed from a grand larceny investigation by Batavia Police Officer Christopher Lindsay in February that resulted in a Grand Jury indictment. The case was handled by Batavia Police Sgt. Dan Coffey.

Rae Charlene Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested at 5:20 p.m. on Sept. 30 when Batavia Police allegedly found her in violation of an order of protection while she was being taken into custody on a previous case. She was arraigned in Batavia City Court and is due back there on Oct. 14. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer John Gombos.

Rae Charlene Cook, 31, of Liberty Street, Batavia, is charged with first-degree criminal contempt. At 5:22 p.m. on Sept. 30, Cook was arrested after an investigation into a domestic incident that occurred on Liberty Street at 4:43 p.m. Sept. 28. It is alleged that Cook violated an order of protection by having physical contact with the protected party. She was arraigned in Batavia City Court and released under supervision of Genesee Justice. Cook is due back in court on Oct. 14. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Urban J. Lawson, 55, of West Main Street, is charged with second-degree harassment -- physical contact. At 9:26 a.m. on Sept. 26, Lawson was arrested because of an incident that occurred Sept. 22 on West Main Street in which he allegedly subjected a person to unwanted physical contact. He is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Miah Stevens.

Lynn A. Perry, 53, of Halfmoon, no address provided, was arrested at 12:10 a.m. on Oct. 2 by troopers out of SP Batavia for driving while intoxicated and other vehicle and traffic infractions. Troopers were dispatched to a collision State Route 63 in the Town of Pavilion. Further investigation revealed a 2013 Audi was parked on the shoulder of State Route 63 and was struck by a 2019 Chevy operated by Perry. During the investigation, an odor of alcoholic beverage was allegedly present on Perry. Perry was placed under arrest after failing multiple SFSTs and transported to SP Batavia for processing. According to SP Batavia's report, Perry recorded a .11 BAC. She was issued traffic tickets returnable to the Town of Pavilion court for later this month.

Matthew J. Reed, 36, no permanent address, was arrested at 1 p.m. Oct. 20 on a bench warrant out of Batavia City Court for allegedly failing to appear for a prior court date. He is due to return to court Oct. 20. The case was handled by Batavia Police Officer Adam Tucker.

Press release:

The City of Batavia Fire Department is teaming up with the National Fire Protection Association® (NFPA®) — the official sponsor of Fire Prevention Week for more than 90 years — to promote this year’s Fire Prevention Week campaign, “Serve Up Fire Safety in the Kitchen!”

The campaign works to educate everyone about simple but important actions they can take to keep themselves and those around them safe.

According to NFPA, cooking is the leading cause of home fires and home fire injuries in the United States. Almost half (44 percent) of reported home fires started in the kitchen. Two-thirds (66 percent) of home cooking fires start with the ignition of food or other cooking materials.

“We know cooking fires can be prevented,” said Lorraine Carli, NFPA’s vice-president of outreach and advocacy. “Staying in the kitchen, using a timer, and avoiding distractions such as electronics or TV are steps everyone can take to keep families safe in their homes.”

The City of Batavia Fire Department encourages all residents to embrace the 2020 Fire Prevention Week theme.

“The most important step you should take before making a meal is to “Serve Up Fire Safety in the Kitchen!” said Stefano Napolitano, the city's fire chief. “A cooking fire can grow quickly. I have seen many homes damaged and people injured by fires that could easily have been prevented.”

The City of Batavia Fire Department wants to share safety tips to keep you from having a cooking fire.

Always keep an oven mitt and pan lid nearby when you’re cooking. If a small grease fire starts, slidethe lid over the pan to smother the flame. Turn off the burner, and leave the pan covered until it is completely cool.

• Never leave cooking food unattended. Stay in the kitchen while you are frying, grilling or broiling.
• If you have to leave, even for a short time, turn off the stove. If you are simmering, baking, roasting, or boiling food, check it regularly, remain in the home whilefood is cooking, and use a timer to remind you that you’re cooking.
• You have to be alert when cooking. You won’t be alert if you are sleepy, have taken medicine or drugs, or consumed alcohol that makes you drowsy.
• Have a “kid-free zone” of at least 3 feet around the stove and areas where hot food or drink isprepared or carried.
• The City of Batavia Fire Department is hosting a series of events in support of this year’s Fire Prevention Week campaign, “Serve Up Fire Safety in the Kitchen!”, including virtual events at schools via and socially distant visits.
• For more general information about Fire Prevention Week and cooking fire prevention, visit: www.fpw.org

Local businesses and community groups, as part of a project hosted by the Batavia Improvement District, have decorated Downtown with their Halloween scarecrows.

Genesee County ABATE sponsored a "Save the Headlights" fun run today, originating at Stan's Harley-Davidson in Batavia in support of breast cancer treatment and research. Funds raised from the event are being donated to Genesee Cancer Assistance.

A two-car accident with injuries is reported at 3542 W. Main Street Road, Batavia. East Pembroke Fire Department and Mercy medics are responding along with law enforcement. The location is between Kelsey Road and County Building #2.

UPDATE 2:24 p.m.: All lanes of traffic are blocked, according to a first responder on scene.

UPDATE 2:26 p.m.: "It looks like a car rear-ended a truck," says a first responder. "The lady in the truck is hyperventilating; no injuries in the car."

UPDATE 3:01 p.m.: The roadway is clear. The East Pembroke assignment is back in service.