The Genesee County Legislature, during its final budget session on Wednesday at the Old County Courthouse, reached into their “unexpended fund balance” pocket to keep the property tax levy for the 2022 fiscal year at the same level as this year.

Lawmakers have tentatively agreed to add $678,519 to the $1,396,675 in reserves initially proposed by County Manager Matt Landers – action that will keep the tax levy at $31,451,727 and, more importantly, drop the property tax rate from the proposed $9.37 to $9.18.

The $9.18 rate represents a 6.3 percent decrease from the 2021 property tax rate of $9.80.

These changes in the spending plan will be considered by the legislature’s Ways & Means Committee next Wednesday and, upon approval, by the full legislature for a binding vote on Nov. 22.

Legislature Chair Rochelle Stein today said she was happy to report that her colleagues capitalized on the opportunity to keep the levy at the same rate “and still be able to fund the initiatives and the mandates that we have in front of us.”

“It's most important that we are able to do that by sharing most fairly across all of our constituencies and municipalities … and to be able to fund our operations and not take one penny more than we need from the taxpaying public.”

The lower tax rate will lessen the burden to varying degrees of property owners, many of whom saw their assessments go up over the past several months. For the median residential household in Genesee County assessed at $122,935 that did not have an assessment change from 2021, this will result in an annual net tax decrease of $76.22.

Stein said legislators have much to confront in terms of necessary and mandated projects, such as funding the new county jail, the Countywide Water Project and infrastructure.

“So, being able to do that really represents good hard thought of what we have to tackle in the future, especially funding the new positions at the county jail according to the (New York State) Commission of Correction, and also getting some of our departments right-sized,” she said.

The county also is continuing to commit $1 million from sales tax earnings to repair and maintain roads, bridges and culverts.

“Doing those types of investments in our infrastructure are just critical to making sure that we stay ahead of those big ticket items,” she said.

Landers said he supports the legislature’s decision, noting that about $2.5 million from the unexpended fund balance was used in the 2021 budget.

“As requested, I presented legislators with different scenarios and they honed in on the scenario of keeping the levy flat from last year,” Landers said. “There'll be no levy increase whatsoever, so it definitely was a good conversation.”

He said the legislature, which consistently has voted against overriding the New York State tax cap of around 2 percent, will have a bit more flexibility next year.

“We will have the ability to grow it (the cap) by an extra $480,000 because we didn’t take any of the allowable levy this year. That gives us time to see, between now and 12 months later, after getting more information about the water project and jail construction,” he said.

Landers said management and the legislature are at the mercy of the Commission of Correction, which has final say over the number of employees needed at the new jail on West Main Street Road (which is scheduled for the start of construction next spring).

“One of the biggest factors that is causing pause of our legislature in terms of concern is the CoC’s ability to dictate how many posts are in this new jail,” Landers said, explaining that each “post” represents about five positions. “Even with the jail designed -- even with virtual reality goggles so that an official can walk through the jail virtually and see where everything is -- the CoC won't make a determination on the posts until they physically walk into the jail.”

CoC officials could determine that more posts are required than have been budgeted for, Landers said, and each post would add $500,000 to the annual operating costs of the jail.

The county’s All Funds budget for 2022 totals $158,502,898, which is $15,298,219 more than the 2021 adopted All Funds budget.   The 2022 recommended General Fund (operating) budget is $119,394,176, which is $9,118,039 more than the 2021 adopted General Fund budget. 

Stein credited every legislator for making his or her voice heard in this process.

“It’s been really terrific working with nine independently-thinking people and coming to this same place in our budget and the consideration and a consensus,” she said. “So, I'm very proud to lead this group.”

Click here for more info on 7324 Selden Road, LeRoy.
Click here for more info on 19 Dellinger Ave., Batavia.

NOTE: If you're scheduled for jury duty next week, you shouldn't read this story. If you do, you will likely need to disclose that fact in court.

Jacob Sponaugle Devon Wright

When Devon Wright's trial starts on Monday, in a rare two-defendant case, with Jacob J. Sponaugle also facing felony charges stemming from the same incident, his attorney wants to mount a defense that says Wright had no intention to buy a gun on July 22 when he interacted with Sponaugle and another man at the Days Inn Hotel in Batavia.

Nathan Chase indicated not only did his client not intend to buy a gun that night when Sponaugle and the other man (who was subsequently shot during the encounter) approached him, Wright flatting refused to buy the gun.

To help make that case, Chase wants to introduce into evidence a body camera recording of Wright talking with a Batavia police officer when he apparently makes a statement that substantiates his claim that he didn't intend to buy a gun.

Based on New York's rules of evidence he won't be able to use that video recording during the trial.

Wright is charged with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.

Sponaugle is charged with attempted murder, 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.

District Attorney Lawrence Friedman had previously withdrawn an exhibit a statement by Wright that incriminated Sponaugle, agreeing with Sponaugle's attorney, Joseph Lobosco, that the statement was inadmissible from a co-defendant and that it amounted to hearsay.  As a co-defendant, Wright can't offer anything he said outside of court that is potentially incriminating to Sponaugle.

If he testifies (defendants are not required to testify at their own trials), Chase can ask him about his intentions that night.

Chase pressed hard to try and get Judge Charles Zambito to allow the statement to be presented to the jury but for every statement offered by Chase, Friedman returned to the rules of evidence.

Chase's view of the case, "Two people showed up with a gun my client didn’t want and one of them got shot.  We don't know if the shooting was accidental or not but we do know how (Wright) responded at the scene."

The Days Inn incident is one of the multiple times over the past two years that Wright has come into contact with law enforcement and wound up facing felony charges.  For more on his prior arrests, click here.

Jury selection starts a 9 a.m., Monday.  Friedman says he expects the case will fill full days every day for the week. The goal is to complete the trial by the end of the day Friday but given the complexity of the case and the nature of a two-defendant case, it could stretch into the following week.

The Dream Killers are the 2021 All-Day Flag League (AFL) champions after winning the league's finals this week, beating Lil Irish on a pick-six interception to close out the game.

The top prize for the champions is $1,500.

The league hosts tournaments four times a year (winter, spring, summer, and fall) and currently has five teams (with a desire to expand).  The current teams are the Lil Irish, Ass n TDs, Playmakers, Dream Killers, and 585 Demons.

The tournaments are double elimination, followed by a playoff and then the championship game.

Key sponsors are Notre Dame High School (where the games are played), Ri-Dans Sports Bar, and Shadowbox Photography.

Press release:

As we enter into the giving season, now more than ever our fellow neighbors are in need of your help. According to the US Department of Agriculture over 38 million people, including over 11 million children, experienced food insecurity in 2020 with no signs of that number decreasing.  And it hasn’t slowed down.  As a matter of fact, many of the participating food banks that will benefit from this program have indicated that the need is up more than 40%.

That is why Tops Friendly Markets is proud to once again host its annual Food for Families Campaign, now in its 15th year, with a goal to provide more than 2.5 million meals for our neighbors in need. As Tops launches its Food for Families campaign November 14 - December 24, 2021, we ask that you consider making a donation the next time you shop in-store or online.

Tops Food for Families campaign is synonymous with The Little Brown Bag of Hope. Customers can easily purchase a Little Brown Bag of Hope paper icon at the register anytime they shop. At the register, customers will be asked if they want to support the campaign by buying a $5, $10, and/or $20 bag for someone in need in our community or to round up their change. Little Brown Bags which are filled with nutritious items that will help families extend their meal planning, can also be purchased at any self-scan register as well.

Virtual Little Brown Bags of Hope will also be available for purchase online by simply visiting https://www.topsmarkets.com/LittleBrownBags so no matter what the weather, a donation can be made right from their phone, tablet, or desktop. Here customers can select what food bank they wish their donation to benefit.

Press release: 

Assemblyman Steve Hawley (R,C,I-Batavia) is celebrating a new law (A.7685) signed by Gov. Kathy Hochul today that will give free college tuition to members of Gold Star families.

The signing came over two years after Hawley himself proposed a bill to provide gold star families with free tuition, though that bill (A.2991 of 2019) was blocked in the Higher Education Committee by the Assembly Majority and never brought to the floor for a vote.

“This legislation provides the opportunity to pursue higher education for the families whose loved ones paid the ultimate sacrifice while serving our nation in the military. For 13 years I sought to get this legislation passed, so I am truly elated to finally see it become a reality,” said Hawley. “I thank the chair of the Veterans’ Affairs Committee Didi Barrett for her work ensuring the bill made it across the finish line.

“While I had hoped this law would come to fruition earlier to begin helping families more quickly, I am relieved that New York’s gold star families will soon be receiving much-deserved educational assistance,” Hawley concluded. 

Jameson Arland Crocker, 34, of Godfreys Pond Road, Stafford, is charged with DWI, refusal to take a breath test, failure to keep right, driving to the left on a crest grade or curve, driving left of pavement markings.  Crocker was stopped at 3:01 a.m., Thursday, on Clinton Street Road, Bergen, by Sgt. Mathew Clor.

James Michael Fodge, Jr., 49, of North Lake Road, Bergen, is charged with DWI and driving with a BAC of .08 or greater.  Fodge was stopped at 11:34 p.m., Thursday, on Buffalo Road in Bergen by Deputy David Moore.

A newly hired superintendent is expected to be approved by the Batavia City School District’s Board of Education during a special meeting next week.

The meeting has been set for 6 p.m. Monday at the Batavia High School library, 260 State St., Batavia.       

A brief meeting agenda lists the board vote about a contract agreement between the new superintendent and the city school district. Two interviews whittled down four potential candidates to two, followed by more discussion, Board President Alice Benedict said.

“And we came to a decision,” she said to The Batavian Friday. “Genesee Valley BOCES Superintendet Kevin MacDonald led us through the confidential search. Nothing will be released until the person’s home school district is notified.”

Part of the process included participation of district personnel and the community, she said. They were part of an audio interview with the candidates and provided feedback about what they wanted to see in the district’s next superintendent. 

The appointment is to be announced on Monday, followed by an official vote on the new superintendent's contract, Benedict said. The contract is to begin on Jan. 3, 2022.

6566 Miller Road, Elba. MLS # R1370467. Country Living at it's best! Mature treed property combining the amenities of today in a picturesque rural home setting on over 2 acres. This 4 bedroom home is just what you have been waiting for. Plenty of space for everything: family, friends, entertaining, inside and out. Hot tub on deck overlooking large backyard and woods beyond. This home has public water, a new roof in 2020, an updated kitchen with new Fridge this year. Central Air, Central Vac System, and Back up Generator. Garage is heated and has its own utility sink for easy clean up. Convenient adjacent workshop area off garage. Don't miss out on this one! Above ground pool not used in recent year. Contact Candace Hensel at 585-739-2836

A vehicle has reportedly hit multiple vehicles on West Main Street Road, Batavia, in the area of McDonald's.

The driver is reportedly an elderly male.  It may be a medical issue.

Two vehicles are blocking traffic.

Town of Batavia Fire, Mercy EMS, and Le Roy Ambulance responding.

A tree is down and blocking both lanes of Traffic on Route 33 near Lovers Lane in the Town of Batavia.

A deputy on scene has requested the assistance of another patrol to help with traffic control at Lovers Lane.

DOT has been notified and is dispatching a crew.

Going into this evening’s Section V girls volleyball Class D championship match, Pavilion’s Lauren Kingsley, a 6-foot-1 junior middle hitter, knew that it was up to her to counteract Fillmore’s star player Emma Cole, a 6-foor-1 senior middle hitter.

Kingsley came through with flying colors – recording 12 kills (scoring hits) and a couple of blocks at the net – to lead the undefeated Lady Gophers to a 25-12, 25-18, 25-14 victory over the Lady Eagles before a large contingent of fans at Caledonia-Mumford High School.

She said her team understood the challenge presented by Cole, who dominated the opening match of the overall Class D playoffs on Tuesday against Alexander.

“They have a big blocker,” she said, speaking of Cole, "and we knew that we were going to have to get those (kills) around her.”

Cole had her moments, recording 12 kills at the net and four service aces, but many of her forceful returns were handled by the Lady Gophers' experienced lineup led by Kingsley, junior outside hitter Karlee Zinkievich (four kills and six aces), senior outside hitter Adeline Milligan (four kills), senior setter Shannon Campbell (18 assists), senior middle hitter Shea Amberger and junior middle hitter Paige Landers.

In the first set, Fillmore, 13-7, pulled to within 10-8 before Pavilion went on a nine-point run, sparked by Kingsley’s four kills and Zinkievich’s serving.

In the second set, Landers served six straight points, with Kingsley posting three kills and a block, to give Pavilion a 12-6 advantage. Fillmore battled back, however, behind the serving of senior Jadyn Mucher to pull within four at 20-16 but could get no closer.

In the third set, the Lady Eagles jumped out to a 10-4 lead with Cole serving, forcing Pavilion to call a timeout. After talking it over, the Lady Gophers were able to break Cole’s serve and then scored six straight points to tie things up.

From there, Kingsley and Zinkievich took over at the net to support the serves of Landers and Sara Laurie as Pavilion won going away.

The victory extends Pavilion’s record to 24-0 -- all in straight sets -- but more importantly, moves the Lady Gophers into the Far West Regionals on Saturday at Le Roy High School. Coach Rex Eighmey’s team will take on Section VI representative Chautauqua Lake, 17-0, at 4:30 p.m.

Eighmey credited Kingsley and Zinkievich for their inspired play.

“Lauren just pounded the ball. She’s a great player and when we get the ball to her, she can put it down,” he said. “And Karlee really comes through in the tough situations.”

He also gave Fillmore its due, mentioning that Cole and her teammates “did a lot of digging and made it tough for us.”

Eighmey said he expects Saturday’s match against Chautauqua Lake to be even more difficult after watching videotape of the Lady Thunderbirds.

“They’re going to be tough,” he said. “They’re very athletic. We’re going to have to be at our best to beat them, but I’m confident that our team can do that. We’re in the state tournament now and we’re definitely looking forward to it.”

When asked about being the favorite in all these matches, Eighmey called it “a good feeling.”

“It’s a little bit different. I like to play under the radar, but we are the hunted this year and we’ve been able to take care of things. It feels great.”

Fillmore Coach Lacie Fuller said she believes Pavilion, the Section V Class D1 champion, has a very good chance to keep advancing as it moves onto the state tournament.

“I think they’ll do a fabulous job. They’re very consistent and they just keep moving,” she said.

She also said she was proud of her team that “made history in Fillmore by winning the school’s first sectional (Class D3) title since 1988.”

“They worked as hard as they could. We went up against a good team, but we’re the last one standing before the states,” she added.

Junior setter Zoe Hubbard tallied 14 assists for the Lady Eagles.

Top photo: Karlee Zinkievich makes her presence felt.

Photos by Jim Burns.

Lauren Kingsley attempting a "kill" as Shea Amberger (8) looks on.

Adeline Milligan sets one up.

The young fan's sign says it all.

Shea Amberger with the block.

The Pavilion fans filled one side of the gym.

Fillmore girls attempting to get the ball past Pavilion's defense.

The Lady Gophers celebrate their 24th straight victory.

Photos by Jim Burns.

For more photos please go to   https://jimburns.org/p196701385

Emily Smith
(2019 booking photo)

Emily Dorianne Smith, 36, of Wilkinson Road, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal sale of a controlled substance 3rd, criminal nuisance 1st, and endangering the welfare of a child. Smith was arrested by members of the Local Drug Task Force following an investigation into the transportation, sale, and possession of cocaine in and around the City of Batavia.  Smith was arraigned in City Court and released on her own recognizance.

Brian John Miller, 40, of Ellicott Street Road, Bethany, is charged with DWI, refusal to take breath test, aggravated unlicensed operation 3rd, moved from lane unsafely. Miller was arrested following a traffic accident at 6:40 p.m., Oct. 29, on Ellicott Street Road, Bethany. Miller was the sole occupant of his car, which overturned. Miller was able to extricate himself from the vehicle and was arrested at the scene by Deputy Andrew Mullen.

Tyler Lynn Vanskiver, 25, of Putnam Road, Bethany, is charged with harassment 2nd. Deputies responded to an address on Putnam Road, Bethany, at 3:53, Nov. 2, following a complaint. Following an investigation, Vanskiver was arrested by Deputy Morgan Ewert on the charge of harassment. Vanskiver is accused of striking another person. He was released on an appearance ticket.

 

Press release:

Come Enjoy the 2nd Annual Drive-Thru Country Christmas Light Display at the Western New York Gas & Steam Engine Grounds.

Bring the family out for a festive holiday experience. Enjoy a mile-long light display and get dinner starting Thanksgiving night, November 25, and every Friday and  Saturday night through December 18th.  Gates open 5-9p.m., enter at 3000 Walker Rd., Alexander, NY.  $10 per vehicle, $20 larger vans and buses. Cash only at the gate, no presale tickets needed. Food and beverages are available. For more information like our Facebook page or visit www.alexandersteamshow.com

Photos: File photos by Howard Owens from last year's display.

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

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

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

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

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

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

Just 5 percent.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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