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Batavia Development Corporation board members this morning sounded off about the lack of security and activity at the former Soccio & Della Penna/Santy’s Tire Sales property on Ellicott Street that has been designated as the site of the proposed Ellicott Station mixed-use redevelopment project.

Initially announced to the public in March 2016, Ellicott Station is a $22 million project of the Savarino Cos., of Buffalo, headed by CEO Samuel J. Savarino. Plans call for mitigation of the three acres in the City’s Brownfield Opportunity Area, followed by construction of a 55-unit apartment complex, restaurant, beer garden and brewery.

The venture has received funding ($425,000) from Batavia’s Downtown Revitalization Initiative award and also has been approved for $3.6 million in tax abatements from the Genesee County Economic Development Center.

At today’s BDC meeting via Zoom, Board Member Pier Cipollone reported that the site is not secure and safe while fellow Board Member Steve Pies questioned why at least “one little thing” hasn’t been done to improve or clean up the property.

“I was driving by the Ellicott Station property and I noticed that the gate -- it looked like someone had knocked it through, and there were five young kids at the back of the building, the garage building,” Cipollone said. “One appeared to be trying to jimmy a window and a bunch of others were throwing stones at the top of the building.”

Cipollone said he called police, but did so “more from the position of the … building might fall on them, more than the damage to the building.”

He asked Andrew Maguire, director of economic development, to contact Savarino to secure the property.

“It’s not a safe site right now, especially for kids,” Maguire said. “The last thing we want is somebody to get hurt over there, (and) that’s why it should be closed up and secured properly.”

Maguire said he will contact Courtney Cox, project manager for Savarino Cos., and ask him to fix the gate and make sure it is locked to keep people out.

Pies said Batavia residents deserve to see some activity on the site, considering that more than four years have passed.

“So, obviously we have a new biking trail now (Ellicott Trail), which is awesome, in our community, which literally goes right by that building. I think it’s safe to say we’re in many overtimes right now with this project,” Pies said. “I never want to sound naïve because I know it’s a marathon, not a sprint; I know they all wait for the money and I know COVID and everything else, but if I’m not mistaken, Sam has verbally said, ‘This is my property and am fully committed. I still have to wait for the money, but I am still going forward regardless.’ ”

Pies said all he is looking for is a reason for people to feel confident that the project is still in the works.

“We’re asking for some little things that would go such a long way in this community – like freshening up something or doing one little thing,” he said. “And the fact that he doesn’t seem to do one little thing, when he’s completely, verbally supposedly committed and invested fully, I think at this point, it’s so questionable. Is that a fair statement, in your opinion?”

Maguire said it was a “fair statement” and promised to set up a meeting with Cox.

“Typically, in the development world you don’t see a lot of action until financing is secured,” Maguire said. “Regardless, could we see some action? I hope so.”

Acting City Manager Rachael Tabelski said her staff is taking a close look at some of the agreements with Savarino, including documentation concerning an easement for the storm sewer – or grand canal – that runs under the property.

“(That’s) one of the other things that makes the development even more challenging – even more challenging than developing in a flood zone, and we just had that document updated and executed,” she said. “In terms of engagement, when we do need something and we want to work with them, (we expect that) they’re there and willing to work with us. We’re getting that on file.”

She also said the COVID-19 pandemic has put a hold on grant announcements. Savarino has been waiting to hear about his application for funding through the New York State Office of Homes and Community Renewal.

“Whatever is happening with grant programs and HCR, specifically, which is the one they’re waiting on, COVID has put us behind any type of announcements like that,” Tabelski advised. “We’re all kind of in this together waiting.”

Maguire said progress is being made despite no actual construction.

“Obviously, we don’t see dozers out there and now, after hearing what Pier had to say, apparently the fence needs to be relocked,” he said. “I will reach out to Courtney and maybe schedule a meeting next week and we can sit down and dive into this a little bit further to see what their plans are, their projections and time frames, what they’ve done, what they need. They are committed to this project.”

Cipollone left the board with a “reminder” that Savarino assured the City Planning & Development Committee after receiving planning approvals that he would secure the buildings.

“He also gave me a verbal commitment as we were walking out of the building – ‘I will board up the windows, I will start demolition on the garage,’ ” he said. “And that’s the first thing he has to do because it is physically sitting on two separate pieces of property – on the property line.”

       Colleen Nelson

A 15-year employee of Oliver's Candies attacked another employee with a knife yesterday afternoon and has been charged with attempted murder in the second degree.

The victim, a 59-year-old employee, suffered only minor injuries in the attack.

Owner Jeremy Liles said nothing seemed to precipitate yesterday's incident and there was no indication the woman would become violent.

State Police were called to the Oliver's location in Elba, where Oliver's runs the Sweet Life Country store on South Main Street and a production facility, for a report of a stabbing.  

Liles was not present during the incident but based on talking with employees and reviewing security footage, it appears the woman took a shop knife and randomly attacked the victim.

Nobody else was hurt in the incident.

"My crew did a phenomenal job," Liles said. "They remained calm. They got everyone out of the building, going person to person telling people to get out. It was a stressful situation and everyone remained calm. It was actually the person who got stabbed who started telling everyone to get out. He was a true leader. He made sure everyone got out of the building.

After the stabbing, the suspect threw the knife in the garbage, Liles said.

Troopers arrived on scene swiftly and took the woman into custody without incident.

"The whole thing was over pretty quickly," Liles said.

Colleen L. Nelson, 49, of Alabama, was taken into custody and besides the attempted murder charge, was charged with attempted assault in the first degree and criminal possession of a weapon, 4th.

State Police described the knife as "large."

Following arraignment, Nelson was ordered held by the Genesee County Jail.

Families who may have been defrauded by Michael S. Tomaszewski when they purchased prepaid funeral arrangements may want to consult with an attorney who is an expert in bankruptcy if they wish to recover any lost funds, according to a law school professor from the University at Buffalo.

S. Todd Brown is the vice dean for Academic Affairs for the UB School of Law and teaches bankruptcy law at the school.

"They would need to talk with someone to make sure their interests can be protected in the bankruptcy," Brown said. "I suspect there are lawyers who have been going around talking to different people, some people have probably already reached out to an attorney. This is an incredibly complex area of law."

Tomaszewski, both personally, and his company Acme Holdings of N.Y. filed for bankruptcy in Federal Court Feb. 5. Combined, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

That doesn't include any restitution he may be ordered to pay if convicted of the nearly 200 criminal charges he faces locally.

The 48-year-old funeral director is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, 4th, and three counts of petit larceny.

According to the Sheriff's Office arrest report from July 23, Tomaszewski received deposits form customers ranging from $350 to $15,500. His customers allegedly suffered a combined loss of more than $525,000.

That is a sum of money that people might expect a criminal court judge be repaid to victims once the defendant is convicted but it doesn't necessarily work that way, Brown said, when the criminal defendant has also filed for bankruptcy.

In general, bankruptcy allows an individual to discharge debts and get a fresh start. For businesses, Chapter 11 is a chance to reorganize debts. The judge may help the creditors and debtors work out a repayment plan that lowers the debt burden or if assets are liquidated, the bankruptcy judge will issue an order on how cash obtained during the liquidation is divided among creditors.

Creditors who provided secured loans -- meaning collateral for the money borrowed -- are top priority for repayment. If there is any money left over after secured loans have been paid off, the administrative creditors -- people handing the bankruptcy proceedings, such as attorneys -- are paid. Last in line are unsecured creditors. That is people or entities that are owed money but did not secure the debt with collateral.

The exception to this pecking order, Brown said, is when fraud can be proven.

A common example is if a person or business borrowed money under false pretenses, such as claiming assets that didn't exist or using the money for purposes other than promised.

For a funeral director, Brown used the example of borrowing money on the promise to build a new cemetery but then spending the cash on a new Ferrari or a monthlong trip to Las Vegas.

A funeral home director who accepts prepaid deposits for funeral arrangements could be considered a fiduciary (a person legally responsible for ensuring the money is handled only in the way specified by the contract and in the best interest of the person who owns the money). In order to determine whether Tomaszewski had a fiduciary responsibility to his clients, a lawyer would need to review any specific agreement along with applicable state and federal law.

A fiduciary who converts money to some other users cannot discharge the resulting debt in bankruptcy.

Using pre-need funds for other expenses in violation of the pre-need contract may also be considered fraud and fraud can't be discharged.

In either case, a bankruptcy court judge would need to make the determination on the debtor's obligation based on the case presented by an attorney representing such victims.

"This is really important," Brown said. "If they think they've been defrauded by this individual, they need someone who knows how the process works guiding them through it."

He added, "I tell my students when they enter my Intro to Bankruptcy class, I tell them, most of what we cover is general bankruptcy law. Unless you're working under the guidance of a talented and experienced bankruptcy attorney for at least two or three years, you're to commit malpractice if you go out and practice on your own right away because this is a very technical and complicated area of law. The importance of that story is to stress how easy it is for trained attorneys to mess up if they aren't practicing bankruptcy law regularly."

Brown also noted that a person who filed for bankruptcy can't make any payments on debt without the judge's authorization, even to creditors not listed in the bankruptcy. That rule applies for all debts paid for 90 days prior to filing for bankruptcy and until the bankruptcy case is resolved. The bankruptcy trustee has the option to recover any unauthorized payments from the creditors who received them.

Asked if a County Court judge to order restitution paid first, Brown gave an emphatic, "no."

"In terms of who gets paid when that's entirely the role of the bankruptcy court," Brown said.

For anybody who allegedly lost money to Tomaszewski through means other than fraud -- consider the petit theft charges he's facing -- any potential restitution there will be considered unsecured debt, meaning those possible victims will be among the last to get repaid, Brown said.

"People who have been defrauded need to have someone who is expert in bankruptcy law who is keeping a close on out for their interest in this case," Brown said but also acknowledge that for many people in a case such as this, they haven't lost enough money to interest an attorney taking on their case.

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

Catherine Klinkbell, 52, of Bethany Center Road, Bethany, is charged with confinement with extreme temperature of companion animal in vehicle. At 1:08 p.m. on July 27, the Genesee County Emergency Dispatch Center received a report of a canine inside a vehicle in the Walmart parking lot on Veterans Memorial Drive. The outside termperature was 84 degrees. Genesee County Animal Control was dispatched and reported that the canine was in distress and found that the temperature inside the vehicle was harmful to the canine. The canine was removed from the vehicle and transported to the Genesee County Animal Shelter. The registered owner of the vehicle, Klinkbell, was located and charged with one count of violating Section 353-D of the NYS Agriculture & Markets Law. If found guilty, the violation is punishable with a fine $50 to $100 for a first offense (and up to $250 maximum for subsequent offenses). She is due in Town of Batavia Court at 1 p.m. on Aug. 20. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Animal Control Officer Ann Marie Brade.

Heidi Nicole Pitcher, 27, of Parkedge Street, Rochester, is charged with reckless endangerment in the second degree and endangering the welfare of a child. At 7:19 a.m. July 28, the Genesee County Emergency Dispatch Center received a report of a domestic incident on Route 237 in the Town of Stafford. Following an investigation into the incident, it is alleged that Pitcher drove the vehicle recklessly, creating a substantial risk of serious physical injury to another person while in the presence of children. She was issued an appearance ticket and is due in Town of Stafford Court at a later date. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Once 24-year-old Guillermo Torres-Acevedo finishes serving more than 15 years in Federal Prison for transporting a teenage girl from Bergen across state lines, the Batavia man will spend an additional three years in state prison followed by 10 years on parole.

His attorney, Thomas Burns, asked Judge Charles Zambito to make Torres-Acevedo's sentence in state prison concurrent with his Federal term but Zambito decided the defendant shouldn't get that benefit while also denying the prosecution's request to lock Torres-Acevedo away for up to six years in state prison.

Torres-Acevedo entered a guilty plea in County Court in December to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

Earlier that month, Torres-Acevedo entered a guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

Torres-Acevedo was arrested in November 2018 following an Amber Alert for his victim. They were eventually located in a Walmart in Pennsylvania when authorities were able to locate the girl's phone at that location.

As he prepares to become the next Genesee County manager, Matthew Landers said he considered it a priority to appoint someone with a track record of exceptional job performance to replace him as the

assistant county manager.

That’s why he moved quickly to offer the position to Tammi Ferringer, a Genesee County employee since 2005 who has served as the municipality’s compliance officer since September of last year.

Both Landers and Ferringer will begin their new assignments on Aug. 15, the day after County Manager Jay Gsell retires after 27 years at the helm.

“I have had the opportunity to closely view Tammi’s work the past year as the compliance officer and have been impressed with the efficient and accurate manner in which she does her job,” Landers said. “During this pandemic, she continued to shine by taking on whatever project was tossed her way and was able to carry it to completion with little guidance.”

Landers also spoke highly of Ferringer’s work that began in the mid-2000s as senior financial clerk-typist and then as a supervisor and administrative officer/budget officer at the County Health Department.

“(I recall that) rather abruptly, the two highest ranking positions in the department left county government, leaving a large financial/administrative hole that needed to be filled,” Landers said. “Being in the treasurer’s office at the time, I can remember wondering how all of the financial/budgetary administrative work was going to get done.”

He said that “without missing a beat,” Ferringer stepped up and filled the gap until the other positions were filled.

“Many others could have simply said that work is outside of my title, or it isn’t my responsibility, but Tammi jumped right in and made a significant difference,” Landers said.

Ferringer, a 1997 Batavia High School graduate, said she has always taken a proactive approach when it comes to getting the job done.

“I remember when that happened it was a sign for Matt and I to take over the state aid piece (at the Health Department). So, we got some training in Utica, figured things out and just ran with it,” she said. “It doesn’t bother me working outside of a title.”

After about nine years at the Health Department at County Building 2 on West Main Street Road, she moved to the other side of town, accepting the director of fiscal operations and child support position at the Department of Social Services on East Main Street Road.

“I really enjoyed working at the Health Department, but the opportunity at DSS came with a significant pay increase and I realized that unless I went back for my master’s degree, I had hit my peak there,” said Ferringer, who earned an associate degree in Business Administration from Genesee Community College and a bachelor’s degree in Business Finance from Brockport State College.

Hired by former Social Services Commissioner Eileen Kirkpatrick, Ferringer’s knowledge and ability served her well at DSS, and opened the door for her to become the county compliance officer.

“In June of 2019, Matt reached out and offered me the county compliance officer position. I wasn’t looking for a new job, but when the county manager’s office calls ... I figured there would be room for growth,” she said.

Landers said Ferringer has “continually exceeded expectations in her different roles in the county, leading to a series of promotions and advancements. Her unique skill sets in both finance and compliance make Tammi a great fit for the needs of the assistant county manager position.”

In her new role (working out of the Old County Courthouse downtown), Ferringer will assist with budget preparation and monitoring duties, oversee the STOP-DWI program and the county workers’ compensation program that includes virtually all of the towns, villages and school districts in the county, Landers said.

“She will also cover a variety of compliance responsibilities, including the County’s ADA (Americans with Disabilities Act) coordinator, the fair housing officer and privacy officer, to just name some of the compliance hats,” he said.

Landers said that Ferringer also will lead the county’s shared services initiative and coordinate its safety plan and monthly safety meetings.

“These are just some of the assigned duties. There will be countless projects and issues that arise during the normal course of government that Tammi will plan a critical role in solving and completing,” Landers added.

Ferringer joked that Landers already has begun “transitioning some of the duties and he’s been smiling all along the way.”

Salary for the position currently is at $85,000.

A Town of Batavia resident, Ferringer represents the town on the Genesee County Youth Board and also serves on the Genesee Area Family YMCA Board of Directors.

She has two children, Jacelyn, 20, an employee at Richmond Memorial Library, and Caleb, 13, who will be entering Batavia High School this fall.

About 315 students in the Batavia City School District will be taught exclusively in a “distance learning” capacity, according to the reopening plan that will be submitted by Friday to the New York State Education Department and Gov. Andrew Cuomo’s office.

Batavia Superintendent Anibal Soler Jr. today shared details of the strategy to educate the district’s nearly 2,200 students as the 2020-21 school year approaches. The first day for all students is Sept. 9.

Prior to submitting its comprehensive report of about 50 to 60 pages, district officials on Monday released a Reopen Batavia Strong graphic that outlines the health protocols that will be in place as well as the daily schedule for students – breaking the Monday through Friday routine into five “cohorts.”

“This is a visual piece for parents – the 30,000-foot view,” Soler said, advising that it can be found on the district website and Facebook page. “The Reopen Batavia Strong Task Force gave us recommendations, input and feedback, and we feel this is a good plan.”

Looking at the graphic, one can see the following:

-- Cohort One: Students with last names beginning with A-K attend school Monday and Wednesday; remote learning takes place Tuesday, Thursday and Friday.

-- Cohort Two: Students with last names beginning with L-Z attend school Tuesday and Thursday; remote learning takes place on Monday, Wednesday and Friday.

-- Cohort Three: High school students taking BOCES career technical education courses (at the building across from Batavia High on State Street) attend school on Monday, Tuesday and Thursday; remote learning takes place on Wednesday and Friday.

-- Cohort Four: Students with special considerations and targeted academic support attend school every day.

-- Virtual Cohort: Parents who chose 100 percent remote learning for their child(ren); remote learning every day.

“It’s important to emphasize that the virtual cohort is parent driven; it is the parents’ choice,” Soler advised, noting that about 15 percent of the student population has opted for distance learning at this time. “We thought it was important to give parents some choice. Some parents feel unsafe, and have the right to feel that way. Some of them don’t want to bring them in until they have full assurance that their health and safety are protected.”

Cohort Four students (around 250) will consist of total in-person learning for students with special needs and considerations, such as disabilities, English language learners and pupils with individualized education plans, Soler said.

“They will have more of an intensive, in-person given the fact that we have some legal obligations with their individualized education plans,” he said. “Also, this cohort will include students that teachers feel need more individual attention as well as access to food and a caring adult every day.”

The superintendent said the thought process was to use last names as a way to keep students from the same household in school together.

“We do know that some families have mixed last names in the household and we will make considerations for those families,” he said.

Soler said district administration and staff are entering uncharted territory.

“We had a rushed experience last year – shutting the schools down fully. Now, we have an idea of the direction we’re heading in,” he said. “This is still all pending the governor’s approval. He could say, this is a good plan, it’s not a good plan. Or he could decide that schools aren’t going to open across the state – they’re going to go virtual. I’m hoping that’s not the case, given the fact we have a low infection rate in this community.”

The governor is expected to announce his decision on reopening between Aug. 1-7.

Until then, maintenance and janitorial staff at the various Batavia schools are reconfiguring desks and disinfecting classrooms.

“The 6-foot social distancing really minimizes how much in-person we can do,” Soler said. “We want to err on the side of safety and health. There are a variety of opinions out there, but we have to go off what we feel is best. We have a responsibility to provide optimal safety and health for any of our families, even if they agree or disagree with wearing masks. We’re bound by the guidance that is put before us.”

Regarding child care, Soler said the “virtual day” was moved from Monday to Friday to have the least negative impact upon families seeking child care.

“We thought it would be easier for them to find someone to watch their kids (on Friday) than on a Monday,” he said.

Teachers will report to school every day and will be able to livestream their classes to include students who are at home, Soler said.

“We believe that’s the least burdensome on our teachers. That way, they won’t have to recreate a lesson. Kids can watch live and interact with their peers in the classroom. It will require us to do some training on best practices on what distance learning looks like,” he explained.

Soler said that a teacher may be assigned to be a full-time virtual educator or may have one of his or her five classes designated as a virtual class. He also said that a schedule is being set up for distance learners, such as having English at 8 a.m., Math at 10 a.m., etc.

Of course, he wishes that all students could be taught in their school buildings.

“We have families that are really adamant about in-person but, again, we just don’t have the capacity,” he said. “We don’t have enough teachers to split every class to maintain health and safety protocols at a high level and we also don’t have enough building space to cut our classrooms in half and basically double each class.”

U.S. Senate Republicans are calling it the HEALS Act but, in Genesee County Manager Jay Gsell’s opinion, the latest federal stimulus proposal does nothing to cure the wounds being inflicted upon state and local governments.

Hoping that the bill offered on Monday by Senate Majority Leader Mitch McConnell is “dead on arrival,” Gsell took the GOP to task for failing to include funds to help financially strapped municipalities such as Genesee County.

“They just left the realm of local governments and even additional resources for states on the outside with the idea that apparently they want to keep waiting to see what the economy will do … all across the country, not just in New York State,” he said.

The $1 trillion Health, Economic Assistance, Liability protection, and Schools Act, or HEALS Act, is the Senate’s answer to the $3 trillion Health and Economic Recovery Omnibus Emergency Solutions Act, or HEROES Act, that was passed by House Democrats in May.

Gsell believes the stimulus package (the fifth since the COVID-19 pandemic took hold in March) will likely be the last economic rescue package prior to the November presidential election.

“This Senate bill and the House of Representative bill are diametrical ends of the spectrum … and hopefully (they’ll meet) somewhere in the middle to get bipartisan support in both chambers to get this thing done by August 7^th,” Gsell said. “Once they come back in September, they may put anything else in terms of fed stim off past the election and maybe not even then.”

Gsell said states and local governments are facing significant losses in revenue from several sectors, primarily sales tax, but also from hotel bed tax and gaming distributions. He took exception to a provision in the HEALS Act that calls for the construction of a new FBI building in the nation’s capital.

“It is insulting that there is money in this bill to build a new FBI building in Washington, D.C.,” he said. “Where does that come out with what should be a federal stimulus bill?"

Reportedly, money for a new FBI headquarters was put in the bill at the request of the Trump administration.

“The economic dislocation is still significant. For what happened yesterday, to pretend that that’s not the case, to me is both disingenuous but also shows a lack of understanding of what’s going on with regard to the national economy and what’s going on with local governments,” Gsell said.

According to the latest report from the New York Association of Counties, the state’s counties and New York City could lose up to $13.5 billion in revenue in 2020 and 2021, a situation that could result in cuts to services and permanent layoffs.

NYSAC projects a $4.9-billion loss in sales tax in the next two fiscal years in light of unemployment soaring to 13 percent (up from 4 percent in 2019) as well as an 80-percent decrease in hotel occupancy taxes and the uncertainty surrounding the reopening of gaming sites across the state.

Furthermore, NYSAC forecasts that state reimbursement cuts of at least 20 percent will cost counties outside of New York City more than $670 million a year.

While acknowledging that the NYSAC figures are worse-case scenarios, Gsell said Genesee County officials are “looking at it from the standpoint of what have we experienced so far in the quarters of sales tax payments that we have seen since the beginning of this calendar year” and hope for federal support.

“If the McConnell bill somehow survives, and I hope to gosh it doesn’t, that will engender the State of New York to start doing across the board 20-percent cuts, if even that low percentage wise, in state reimbursements to county governments and other local governments,” he said. “That’s when some of the numbers you’re seeing here (in the NYSAC report) could be visited upon a county like Genesee in our budget. That’s why the governor has yet to institute his across the board reimbursements that he was given the power to do when the state budget was adopted.”

To this day, Zachariah and Danielle Young, of Darien Center, really don't know what happened to the remains of their stillborn daughter, Evangeline Elsie.

A photo of the document       Michael Tomaszewski reportedly produced showing
Zach Young authorized the 
cremation of his daughter.
Legally, we are told, a verbal
authorization is not permitted.

They have a box of ashes but the don't feel assured that the box contains the ashes of the little girl they still call Eva.

"The paperwork had the date that literally was a scribble on it," Zach said. "We have absolutely no answers as to when she was actually cremated."

The Youngs said they didn't want Eva cremated, at least not at the time the baby may have been cremated. And, as they remember, when Michael Tomaszewski Funeral and Cremation Chapel received the remains of the baby from Rochester Regional Hospital, he said he wouldn't do it.

As Zach remembers it, Tomaszewski, or "Tom," as they knew him, said "something doesn't look right" and so he agreed to hold onto the remains while the Youngs researched the circumstances of their daughter's death. 

The baby was born at UMMC. She had seemed healthy

just days before when doctors detected a strong heartbeat.

On Feb. 22, when Zach and Danielle arrived at the hospital,

the couple was told Eva's heart had stopped beating.

After hours of labor, Danielle gave birth to a lifeless body.

"It was devastating," Zach said.

"A mother knows their baby already before they're born," Danielle said. "A mother already has that bond. It's like having somebody rip that away and be careless with her remains is just insane. I don't understand it."

Genesee County Coronor Karen Lang confirmed that Eva was born Feb. 22 at UMMC and her body was sent to Rochester Regional for an autopsy. Eva's little body was then sent by courier to Tomaszewski. Tomaszewski has acknowledged receiving the body.

But what happened next is muddled by the funeral director's contradictory stories to the Youngs and to Lang.

On Thursday, the Sheriff's Office announced the arrest of Tomaszewski on about 200 charges. Most of the charges are related to allegations that he misappropriated fund families had prepaid for funeral services. He is also accused of failing to fulfill contracts to purchase headstones and gravesites.

What he hasn't been charged with yet -- and it's unclear if there will be charges -- is how he handled the remains of some deceased people. Chief Deputy Joseph Graff, Sheriff's Office, has confirmed, the department is looking into multiple reports of Tomaszewski mishandling the remains of people who died. The two cases Graff has confirmed involved a veteran who should have been interred at the Bath National Cemetary -- for free -- and the remains of Evangeline Elsie Young.

Lang said she became involved in the Young case after talking with the parents last November. At that point, she learned the Youngs still did not have the remains of Eva nor Eva's autopsy report. 

Both Tomaszewski and Rochester Regional Health were offered an opportunity to comment on this story. Neither responded with a comment.

Tomaszewski has provided both the Youngs and Lang with multiple stories about what happened with Eva's remains. He told the Youngs in June that he hadn't delivered the remains to the crematorium and then a short time later said she had been cremated.  

In November, he told Coroner Jeff McIntyre, who was assisting Lang with the case while she was on vacation, that he cremated Eva when he first received the remains; however, Tomaszewski couldn't produce documentation. He later told Lang he cremated the baby in June.

Most people don't understand, Lang said, that most funeral homes don't have the facilities to store the remains of deceased people for long periods of time.

When Lang asked Tomaszewski, who also operates a catering facility, what he did with Eva's body from February until June, Lang said Tomaszewski told her that he kept the body in a cooler in his prep room.

Tomaszewski eventually produced documentation on the cremation of Eva but neither of the Youngs signed it -- which Lang said is required by law.  Instead, the document says the Youngs gave permission over the phone for the cremation. 

Based on their conversation with county officials -- which includes an interview the Sheriff's Office -- the Youngs suspect the box of ashes they received is too light to contain the remains of a once nine-pound baby. So they feel in limbo. Their church -- High Point in Pembroke -- held a service  for Eva but they didn't have her ashes then and they don't know if what they have now are really her ashes.

They would just like answers.

"I think to make it up, he would have to really admit to his wrongs and not just for me, but for a lot of people," Danielle said. "Losing somebody as it is, is something traumatic to have to deal with. And for us to trust you with our dead loved one..."

"It would be nice to at least know what happened because we got three different stories from him," Zach interjected.

"We don't really have answers," Danielle said. "To be honest -- to be honest with anybody -- would be good. The trauma of losing our daughter was bad enough and then to have to worry about her remains -- that wasn't professional."

Previously:

• Local funeral director charged with stealing money from customers
• Sheriff's Office looking into report that Tomaszewski improperly handled stillborn baby's remains

Press release:

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

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

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

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

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

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

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

Photos by Frank Capuano.

     Michael Tomaszewski

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Previously: Local funeral director charged with stealing money from customers

Kevin J. Jackson Jr., 30, of Batavia (no address provided), is charged with: driving while ability impaired by drugs; driving while ability impaired by drugs -- combination; uninspected motor vehicle; criminal possession of a controlled substance in the seventh degree, criminal use of drug paraphernalia in the second degree; and criminal possession of a weapon in the fourth degree. At 2:21 a.m. on July 21, Wyoming County Sheriff's Deputy Bliss conducted a roadside stop for a traffic violation on Route 246 in the Town of Perry. A field sobriety test was conducted and Anzalone was arrested. He submitted to a Drug Influence Evaluation administered by a Drug Recognition Expert, who allegedly found the defendant impaired by multiple drug categories. Jackson was issued an appearance ticket and is due on Town of Perry Court at a later date.

Robert J. Anzalone, 34, of Le Roy (no address provided), is charged with: driving while ability impaired by drugs; driving while ability impaired by drugs -- combination; failure to keep right; and having inadequate plate lamps. At 12:17 a.m. July 19 on Silver Lake Road in the Town of Perry, Wyoming County Sheriff's Deputy Bliss conducted a roadside stop for a traffic violation. A field sobriety test was conducted and Anzalone was arrested. He submitted to a Drug Influence Evaluation administered by a Drug Recognition Expert, who allegedly found the defendant impaired by multiple drug categories. No further information provided about court.

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.

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.

    Jacob Sponaugle

 

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.

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.

Previously: Jail project with Orleans County, City water upgrade, SROs top the list of Genesee's shared services plan

-- 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.

Genesee County officers and lawmakers say they are doing their part, now it’s up to Congress to reciprocate by passing meaningful legislation to stop the bleeding caused by COVID-19 and the resulting economic slowdown.

A two-page document created by the county budget office and legislature sends a clear message to the state’s Congressional delegation: Stop local service cuts; provide direct aid to counties. The flyer was distributed to the members of Congress who represent New York, state Assembly and Senate members, county town and village officials, and the media.

“We’re looking for assistance from the federal government through an additional stimulus package that would provide needed revenue to both New York State and local municipalities,” Assistant County Manager Matt Landers said. “The revenue to New York State would be vital to Genesee County to hopefully stop further state aid cuts to the county and the aid from the stimulus package directly to municipalities would help us replace revenue that has been lost, such as sales tax.”

The flyer lists 23 different actions the county has taken in an effort to stabilize its budget and continue the delivery of essential local services.

They are as follows:

• Developed contingency plans based on loss of State revenue and other economy driven tax revenue losses;
• Reduced spending to offset reductions in sales tax, State aid and other locally derived fees impacted by COVID-19;
• Held efficiency meetings with all department heads and asked for a list of line items in their budgets that they could cut and see potential savings through the end of the year and future years;
• Limited spending to essential items only with approval on a case by case basis;
• Requested justification for all purchases based on operational need;
• Suspended/deferred the purchase of new equipment or leases, unless necessary to keep staff working or to respond to COVID-19;
• Instituted system to track all expenditures related to COVID-19 for potential reimbursement from FEMA;
• Reviewed all contracts for performance metrics during COVID-19 and made payment adjustments to reflect services rendered;
• Limited training to only what is mandatory;
• Eliminated all unnecessary travel, including commitments for future discretionary travel;
• Instituted a strategic hiring freeze, with exceptions only for essential positions, i.e. public safety, public health and EMS;
• Made permanent layoffs;
• Implemented furloughs;
• Reduced seasonal employment – PT Highway, Parks and Forest;
• Updated contracts to allow for flexibility if needed, updated and implemented contingency measures, further scrutinized mandated and unmandated programs for flexibility options;
• Overtime costs significantly reduced;
• Deferred most capital projects;
• Delayed the opening of pavilions at County parks;
• Reduced road and bridge repairs to offset 20 percent reduced funding from CHIPS/PAVE NY;
• Reduced planned public facilities projects, highway infrastructure projects, and soil and water conservation initiatives;
• Jail construction project delayed while further discussions with the State are conducted to allow for a joint two county jail shared service initiative;
• Currently investigating areas of privatization of County services;
• Planned reduced or flat funding for outside agencies in 2021 budget.

Landers said legislators have put programs and expenditures under a microscope, leaving no stone unturned in an effort to get the county budget under control.

“We’ve been aggressive with everything that has come before us. If we have any wiggle room or any discretion in how we spend, we have not been spending money,” he said. “We’ve been scrutinizing like we have never before – out of necessity – because of the lost revenue coming in through sales tax.”

Landers said sales tax revenue for the second quarter decreased by 18 percent compared to 2019.

He said it’s still not clear on what is coming down the pike as far as state aid is concerned, but he is afraid it could be “a significant potential loss of revenue and reimbursement.”

The county is mandated by the state to provide certain services, such as probation and monitoring of those convicted of crimes, Landers said. The problem with state aid is that Albany may only reimburse the county a fraction of what has already been spent on those mandated programs.

While difficult to quantify the total amount of all of these cost-saving measures, Landers did say that furloughs and hiring freezes alone saved the county around $800,000.

“A portion of what has been saved is a reflection of the environment that we’re in with the pandemic,” Landers said, specifically mentioning less travel, conferences and training, as well as the boarding out of fewer inmates (due to COVID-19 and bail reform).

Sammy H. Esaleh, 18, of Bucyrus Drive, Amherst, is charged with trespass. He was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Haydar A. Esaleh, 18, of Glenden Place, Williamsville, is charged with trespass. Esaleh was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Rohin Ramin, 18, of Ayrault Drive, Amherst, is charged with trespass. Ramin was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Benjamin P. Rogemoser, 18, of Forbes Avenue, Tonawanda, was arrested at 3:33 p.m. on July 17 at Indian Falls on Gilmore Road in Indian Falls. He is due in Pembroke Town Court on Aug. 25. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

William J. Galliford, 60, of Reed Road, Bergen, is charged with: unauthorized use of a vehicle -- operating without owner's consent; resisting arrest; driving while intoxicated -- first offense. At 7:19 p.m. on July 20, Genesee County Sheriff's deputies were investigating a complaint of an unauthorized use of a motor vehicle. They located the vehicle on Reed Road in Bergen and Galliford was allegedly operating it while being toxicated. He allegedly fought with deputies. He was released with appearance tickets and is due in Bergen Town Court on Aug. 12. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Mathew Clor.