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Nuisance Skunk at Batavia Middle School

By James Burns

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The demands of modern police are wide and varied, some days they are enforcing traffic laws, acting as counselors in domestic disputes, substituting for crossing guards, arresting violent criminals or, like today, standing around in the sleet and snow waiting for a safe clear shot at a skunk at the Batavia Middle School. 

The reports started about 10am of a skunk wandering in circles in front of the school. The Batavia PD waited and did what they could, but the skunk never left the street or sidewalk and could not be corralled into a safe area. No one is sure what is wrong with the skunk and why it is acting in this fashion.  The skunk is posing a traffic nuisance at Ross and Washington and is potential danger to pedestrian traffic in the area.  

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Carle Place bottles up Lady Bees' attack en route to 2-0 win in girls soccer state tournament Class C semifinals

By Mike Pettinella

The Byron-Bergen Lady Bees lost 2-0 to Carle Place of Section VIII in the New York State Public High School Athletic Association Class C girls soccer tournament this morning at Homer High School.

While a defeat at this stage of the season could be especially disappointing, Coach Wayne Hill said his squad, which features several talented underclasswomen, already is thinking about what it needs to do to get back to the state Final Four next year.

“The girls are already talking about it,” Hill said by telephone as the team traveled back home. “I can tell you what their goal is for next year: They want to be back here.”

Hill said his girls know that they have to get stronger, physically – something that revealed itself in today’s match.

“They (Carle Place) played more aggressive than we did. And, as a result, we didn't have time to settle the ball and play our kind of game,” he said. “So that's an improvement we're going to have to make for next year.”

He said the Frogs, 9-4-1, took B-B’s leading scorer, eighth-grader Mia Gray, out of her game and, generally, took the Bees out of their rhythm.

“They were man-marking her (Gray) the whole game, and made it really tough for us,” he said.

Senior Alexandra Feit scored both goals for Carle Place – one in each half.

The Bees, 19-4, had a couple of scoring opportunities in the first half, Hill said.

“We brought the ball down the sideline -- one down the left side and one down the right side.  And both crosses were great, but there wasn't anybody waiting for the ball in the middle.”

They had another great chance in the second half but, again, failed to convert.

Hill said that B-B goalkeeper Brooke Jarkiewicz made 15 saves while the Carle Place goalie, Jenna Lenihan, had three or four saves.

Looking ahead, Hill said the focus will be on adding power to match the team’s speed and quickness.

“Well, we've been saying that all year that the kids have to get in the weight room,” he said. “They just need to get bigger and stronger. The ball touches are great. Speed is great. We’ve just got to learn to be a little more physical.”

Carle Place moves into Sunday’s Championship game against the winner of this afternoon’s game between AuSable Valley (Section VII) vs. Notre Dame (Section IV).

Previously: Byron-Bergen girls soccer team competing for New York State Class C championship this weekend

Ongoing expansion, modernization of airport give Genesee County reasons to feel proud

By Mike Pettinella

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When it comes to the Genesee County Airport, Tim Hens sees himself as a public servant with a private sector mentality.

And that philosophy has worked quite well over the past 20 years, according to the county highway superintendent, as the airport has been upgraded and modernized without a single dollar coming from county property tax revenue.

Hens gave The Batavian a tour of the sprawling facility along East Saile Drive in the Town of Batavia last week, pointing out the various buildings and providing insight into the funding of the operation that currently houses 68 aircraft, including single-engine planes, helicopters and “decent sized corporate jets.”

The county’s plan back in 2001 was to privatize the airport, Hens recalled.

“We were going to put the management of the airport out to bid to see if we can get a company to do it,” he said. “And our bids were out on the street, literally, as 911 happened. And if you remember back to 911, the whole airline industry and aviation industry just crumbled and shut down. It was not a good time to have a bid package out for airport management.”

Hens, who had recently been hired (he’s also the county engineer), said the county did not receive any responses to their request for proposal.

“So, by default, the county stepped in,” he said. “And I proposed that we hire some county employees and manage it. And luckily, it has worked out very, very well. We actually ended up sticking with that process for the last 20 years.”

As a result, Hens is able to use his business management skills to market the facility, assist in the bookkeeping, filing sales tax and supervising maintenance and upkeep.

“It’s like owning your own little business,” he said. “We've got employees to manage, we're selling fuel, we have to look at pricing, we’ve got to look at our competitors. It’s so different than my highway job where it's just fix what we got and plow the snow – and we do plow snow out here, too.”

Ownership of the airport enables the county to control its own destiny, Hens said.

“We have found that we could take in all the revenue, as opposed to paying it out to a management company or a private business to run the airport,” he said. “We were getting the full benefit of the revenue and could control our expenses. Plus, things move much faster – such as expanding the runway and other business decisions.”

The staff at the airport (other than Jeff and Carol Boshart of Boshart Enterprises; see accompanying story) consists of two full-time employees – manager Jason Long and airport attendant Ron Stringham – and a couple of part-timers who fill in during holidays and weekends.

The airport features a two-story main terminal that, along with the main hangar, was built in 2015 as part of a $4.9 million project, Hens said. The county received a grant for $300,000 and the remainder was bonded over 20 years.

The main terminal features a foyer, training rooms, pilot lounge, P&L Air flight school, break rooms and several offices. The main hangar, which is used by Boshart Enterprises, measures 100 by 120 feet with a 30-foot high ceiling.

Located to the west are six corporate hangars – three of which are owned by Genesee County and three that are privately owned – and five T-hangars that were built in 1997, 2008, 2011, 2015 and 2020. Those contain 46 separate smaller hangars, with one of them rented by Mercy Flight for its helicopters.

Hens said the facility is part of the county’s transportation and infrastructure operation, and is utilized by numerous local companies, including Milton CAT, Tompkins Financial, National Grid, Western New York Energy in Medina, Six Flags Darien Lake, HP Hood and Lamb Farms.

“It gets way more use than people think,” said Hens, an Air Force veteran who attended the Air Force Academy in Colorado – and has flown jets. “The best thing about it is that zero property taxes are put toward the airport.

“People say they are funding the hobbies of the rich. That’s not true. It’s a self-sustaining, self-paid-for operation. Since 2001, Genesee County has received $32 million in federal and state aid for the airport.”

He said that 95 percent of the funding is covered in most cases.

“The money is going to go somewhere, it might as well come here,” he said, adding that funding for the facility is based entirely on airline user fees through an airport trust fund.

“Our fuel sales and rental fees pay for the airport operation. We are showing an annual surplus of $80,000 to $100,000, and that money goes back exclusively for airport expenses and improvements.”

Hens said the county is planning to develop more of the land at the west end. In September, it applied for a $13 million grant to build a large hangar at the corner of State Street Road. It would be 100 percent funded by New York State through the Upstate Airport Economic Development and Revitalization initiative.

“It’s a ‘If we build it they will come sort of thing.’ We need the hangar for larger jets of corporate site selectors who are representing businesses looking to locate here.”

Genesee County’s ability to run its own airport and turn a profit hasn’t gone unnoticed by officials of other counties, Hens said.

“I think, to this day, we are one of the few airports in upstate New York that make money. We get a lot of calls and I've done presentations as far away as Lake George as to what are you doing at your airport? How come you are successful? So, I think you're seeing more and more municipalities get involved in their airport operations.”

Although the county owns the airport, there is an opportunity for an entrepreneur to come in at the main terminal.

“We’ve got a small space carved out on the second floor for a café and sandwich shop with a seating area,” Hens said. “We’re looking for someone to run it.”

Photo at top: The main terminal at the Genesee County Airport on East Saile Drive. Photos by Mike Pettinella.

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The main terminal lobby and County Line Service office.

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Based aircraft at the Genesee County Airport, including a plane from the Civil Air Patrol.

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T-Hangars. Forty-six individual units are rented at the airport.

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The main terminal and main hangar were built in 2015.

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View from second floor of the main terminal, looking northeast at fuel tanks and runway.

Jeff Boshart recalls start of his 40-year association with the Genesee County Airport

By Mike Pettinella

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Little did Jeff Boshart know that his offer to help “keep the doors open” at the Genesee County Airport in 1982 would turn into a successful career in avionics as owner of Boshart Enterprises & Aircraft Services at the East Saile Drive facility.

Boshart, a Corfu resident who was living in Lancaster at the time, said he began employment at the airport under the supervision of Andy Cordes.

“About six months after I got here, he (Cordes) went out of business,” said Boshart, who, with his wife, Carol, operates the airplane repair/enhancement venture out of the main terminal and hangar. “If you remember in 1982 there weren’t many jobs and interest rates were like crazy.”

He said he approached Joseph Amedick, the Genesee County highway superintendent who was in charge of overseeing airport operations, thinking that “I can keep the doors open and help these guys out down here.”

“At the time, we had International Chimney, Graham (Manufacturing) and Genesee Le Roy Stone (planes) still in the hangar after Andy cleared out,” he recalled. “And I don’t have a place to go, either.”

Boshart said that Amedick spoke with then County Manager Charles Meyer, and came back with a proposal: “He says, ‘Give me an insurance policy for $25,000 and don’t worry about the rent; just keep the doors open.'"

So, that’s what he did.

“I would come in here like late at night, when International Chimney got done with whatever they were doing, and I’d clean the airplanes, drop the oil or whatever, and I would go back home,” Boshart said. “That was how we started. I had no intention of ever being a businessman.”

Nearly 40 years later, the company continues to thrive, said Tim Hens, Genesee County’s current highway superintendent who also is in charge of the airport.

“We host Jeff and Carol here at the airport as what is known in the aviation world as a limited fixed base operator,” Hens said. “They rent space from the county – and what they do, they do very well.

“They repair planes, they put avionics packages in the plane, do maintenance and stuff and they draw people in from all over the Northeast. They do a heck of a business and are really our key tenant out here.”

Boshart said the avionics industry – which includes all components of the aircraft’s communication system -- is changing at a rapid pace.

“We do a lot of the radio upgrades,” he said. “Right now, in the aviation career, that part of it is moving so fast. It’s like the year 2000 when you were trying to buy a computer. You didn't know whether to buy one on that day or wait three days because there was going to be a better computer out. That's where we are with avionics.”

He went on to say that many of the smaller planes and jets that use the Genesee County Airport have more equipment than commercial airliners.

“It's phenomenal. You almost don't need a pilot. As a matter of fact, we have what they call Autoland. Everything goes to heck, you push a button up top – a big red button -- and the airplane takes you to the airport and it lands.”

The county airport has made giant strides since the early days when it was founded by Gil Chapell in the early 1940’s. The Chapell family lived in a house on the grounds.

Boshart said he met Chapell in the mid-1960s when his family moved into the area from Ohio.

“My dad started, with a number of other people, the Akron airport,” he said. “And they had they had a little tailwheel aircraft that dad used to fly around. And so back in 1965, when we moved up here, we used to fly over here because my aunt lived just over the hill on State Street. And I got to meet Gil and his wife when I was a little kid -- they had the house down here.”

He remembers the Chapell’s farmhouse and a couple of hangars and a gas pump, and a small restaurant.

“That’s my first recollection of the place; it was it was a grass strip. Then, Gilbert built the old hangar that they tore down five or six years ago.”

The facility was known as Batavia Airport at that time until the county assumed ownership in 1964.

Over the years, it has been expanded from 200 to 264 acres. In 2005, the runway was extended from 4,400 feet to 5,500 feet to accommodate business jets.

The Federal Aviation Administration estimates there are 115,000 takeoffs and landings annually.

A pilot himself, Boshart said he used to have his own plane, but not anymore.

“I’m like Tim. I have a fishing boat,” he said.

Photo at top: Carol and Jeff Boshart with Tim Hens, right, at the Genesee County Airport's main hangar.

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Some of the aircraft being worked on by Boshart Enterprises' technicians.

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Submitted photo: A scene from days gone by of the old terminal and hangar at the airport.

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Submitted photo: This photo from the 1950s hangs on the wall in the office of the main terminal. From left, woman not identified,Tim Willard, Harold Hale, Gil and Gloria Chapell.

St. Paul's holding annual decorated wreath sale

By Press Release

Press release:

St. Paul Lutheran School parent group, FOLKS, is having a Christmas wreath sale. Sale dates are now thru November 17th. A 20" decorated wreath is $30 and a 35" decorated wreath is $45. Choice of red or burgundy ribbon. Payment is due upon ordering. Cash or check made out to FOLKS. Can be ordered at St. Paul Lutheran Church and School at 31 Washington Avenue, Batavia, 585-343-0488. Pick up of wreaths is on Sunday, November 21st at the church from 9:30 a.m. - 12:00 p.m.

Coach’s Corner: Lessons learned in Genesee County’s playing fields and green fields

By Chris Suozzi
Video Sponsor
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We’ve hit the time of year when we rally around our high school teams, and I could not be prouder of what I’m seeing.

Our student-athletes are doing tremendous work.

It doesn’t go unnoticed in our schools, our families, and our communities. And our employers are cheering along too!

I was watching Le Roy finish their football season in the playoffs last weekend on a beautiful fall day. The season didn’t end the way the Oatkan Knights wanted, but each and every student in our fall sports season has showed the skills they will bring in the future.

Our student-athletes are clearly hard workers. Our companies love that these kids see the challenges in front of them, know what it takes to achieve their goals, and that opportunities are not just given. Our companies see student-athletes are coachable and are excelling in team environments.

I saw those skills across our entire region at GLOW With Your Hands. We had another great day of career experiences and conversations at the end of September.

More than 1,200 students have now participated in the event, meeting with dozens of manufacturers, skilled trades professionals, and our food production industry. After a year of video conferencing, having so much direct interactions with equipment and employers was energizing!

GLOW With Your Hands shows that we have the talent that companies need. The next generation of manufacturing leaders will come from our high school students who are already on a college or career pathway.  Students on a career pathway can get into an in-demand job and receive on-the-job training with little or no student debt.

I wish we could do GLOW With Your Hands every weekend, but this year’s event couldn’t have come at a better time.

In the past month, Genesee County has welcomed two more major projects in our green field developments. Like our playing fields, these projects require and reward the skills shown at GLOW With Your Hands and in across our schools this fall.

On Oct. 20, Plug Power broke ground at STAMP on the single-largest project investment ever in Genesee County. A week later, Liberty Pumps celebrated an expansion that will bring their membership above 300 people in Bergen. At the same time, multiple projects are building in both downtown Batavia and the Gateway II Business Park/Saile Drive corridor.

These are outstanding projects. They represent how our economy will continue to grow.

Most importantly, Plug Power and Liberty Pumps alone will be adding 100 new permanent jobs. And there’s plenty of construction jobs on display at both sites.

Even with companies growing and labor availability challenges across our country, filling these new jobs is a challenge that Genesee County is ready to answer.

And its our student-athletes that lead the solution.

I watched Le Roy senior leader Zach Vanderhoof on the field last weekend – and I’ve seen Zach guide younger students through the mechatronics training area at GLOW With Your Hands. I’ve seen him stand up as one of the first youth apprentices drafted by a local company last spring, and excel at Genesee Valley BOCES.

And he’s not alone. Since launching GLOW With Your Hands, the enrollment at Genesee Valley BOCES’ career and technical education centers has increased 30%.  Parents are realizing that not every student is meant for college or book learning.  The applied learning format, coupled with real life work experiences in high school, is a great route that leads to a fantastic career with a local company.  

Chris Suozzi is the Vice President of Business & Workforce Development at the Genesee County Economic Development Center

Batavian who gave life in The Spanish War remembered as a hero

By Anne Marie Starowitz

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The battle at Vera Cruz, Mexico, on April 23, 1914, would prove to be an unfortunate forerunner of World War I.  President Woodrow Wilson was concerned when General Victoriano Huerta overthrew Mexico’s government.  The President tried to intervene suggesting an armistice.  General Huerta refused all attempts of settlements by the United States.  As a result in April 1914, US troops were sent to the Mexican border.  The troops included a young man from Batavia, New York, Gabriel DeFabbio. 

Gabriel was born in Italy, November 7, 1891.  He came to this country with his mother, brother, and sister.  His father had come to America ten years earlier.  They originally settled in Holley before setting down roots in Batavia.  Gabriel attended Batavia High School.  In November 1908 Gabriel enlisted for a term of four years in the Navy.  When his term expired he thought he would settle in Batavia, but his heart was in the Navy. After living in Batavia for four months and experiencing the life of a civilian, he decided to reenlist in the Navy. Gabriel’s previous experience advanced him to a gunner’s mate aboard the naval ship the USS New Jersey.

On April 14, 1914, Gabriel sent a letter to his parents saying he was headed for Mexico and he did not know if there would be a battle but he was ready if it happened.  President Wilson ordered the troops to take over Vera Cruz.

As the USS New Jersey was docking, shooting began. In the commotion at the dock, the first eight men died in what became known as the battle of Vera Cruz.  Young DeFabbio was one of them.

In Batavia, the parents of Gabriel received the following message from the Secretary of the Navy Josephus Daniel.

Thomas DeFabbio of No. 38 Center Street, Batavia, NY.
“Let me express my deep sympathy in your sad bereavement due to the loss of your son, Gabriel A. De Fabbio, at Vera Cruz Mexico, April 22, 1914.  His patriotic courage has itself placed his name high on the roll of those to lay down their lives for their country.”

Both parents were overcome with grief, as was the entire community. Gabriel was survived by his parents Gabriel’s body was to be buried in Arlington National Cemetery.

Gabriel’s father, Thomas (Cosimo) had a specific request, however: he wanted his son’s body returned to Batavia for a public funeral and burial.  He sent a message to the Secretary of the Navy and his request was honored.

There was a meeting of the Upton Post, G.A.R., (Grand Army of the Republic) in Ellicott Hall to discuss the plans for the military funeral of Gabriel.  Many organizations were asked to participate in the arrangements of the funeral, the Women’s Relief Corps, Sons of Veterans as well as all civic organizations and societies in Batavia.   Businesses were also asked to close their stores while the funeral was in progress.  All flags were to be placed at half-staff to show respect for the soldier.  An invitation was extended to all veterans of the Army and the Navy to attend the funeral.

The Spanish War Veterans selected three sailors from the Navy and three soldiers from the Army to serve as pallbearers.  All military were dressed in full uniform.

A salute of seven guns was fired by the Spanish War Veterans upon the arrival of Gabriel’s remains as the train entered the station in Batavia. A cannon was used to notify the Batavians that his body had reached Batavia.

The pageant of patriotism was overwhelmingly demonstrated by three thousand Batavians and military persons who walked down Main Street to St. Joseph’s Catholic Church on the corner of Main Street and Summit Street.  Only one thousand mourners could enter the church.  The other two thousand stood on the steps and in the street waiting for the funeral to conclude.

President Wilson sent a beautiful wreath in memory of Gabriel DeFabbio.  It was shipped to Batavia in a large wooden box.  It was a wreath of galax leaves (galax leaves are a popular green in the floral industry) and Easter lilies. The card attached said the words, “The President.” 

It was said that there had not been this much excitement since the dedication of the historic Holland Purchase Building today known as the Holland Land Office Museum.

On May 15, 1914, the marquees of The Grand and Family Theater advertised pictures showing the military funeral from the house to the grave.  There were also slides showing the wreath sent by President Wilson.

This Batavia hero is honored with a historical marker on the lawn on the east side of the Holland Land Office Museum.  The marker was erected one year after Gabriel’s death by the first company of the USS New Jersey. 

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Minimal information available from State Police on fatal accident in Pavilion

By Howard B. Owens

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A possible serious-injury accident was reported around 3:15 today on Starr Road and Crossman Road, in Pavilion. 

The State Police have refused to provide any information about the accident.  

It was reportedly a one-vehicle accident with a person ejected.  Mercy Flight was called but it's unknown if a person was transported.

A person reportedly fled the scene on foot and a K-9 was requested to assist in the search.  Because the State Police refuse to provide information to the public about the incident, it is unknown if the person was ever located.

A trooper who answered the phone at the Batavia Barracks this evening said,  "it's not our policy" to release information.

UPDATE 7:49 p.m.: Trooper James O'Callaghan, Troop A public information officer, said he did not yet have any information on the accident other than to confirm it is a fatal accident. 

UPDATE 8:09 p.m.: Additional information from Troop A: The vehicle was southbound on Star Road and struck a utility pole.  Another occupant of the vehicle was transported to Strong Memorial Hospital with non-life-threatening injuries.  The investigation is ongoing.

Alecia Kaus/Video News Service contributed to this story.  Photos by Alecia Kaus.

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Legislators tentatively agree to keep property taxes flat -- dropping county tax rate for 2022 to $9.18 per thousand

By Mike Pettinella

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.”

Defense attorney barred from using client's out-of-court statements in pending trial

By Howard B. Owens

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.

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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.

Dream Killers capture AFL championship

By Howard B. Owens

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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.

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Tops to participate in annual Food for Families Campaign

By Press Release

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.

Hawley applauds approval of bill giving free college tuition to members of Gold Star families

By Press Release

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. 

Law and Order: Sheriff announces pair of DWI arrests

By Howard B. Owens

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.

Special meeting set to approve new Batavia City Schools superintendent

By Joanne Beck

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.

Sponsored Post: Harris Wilcox offers country living at it's finest! Check out this listing

By Lisa Ace


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

Multiple vehicle accident reported on West Main Street Road, Batavia

By Howard B. Owens

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.

Route 33 on west side of Town of Batavia closed with tree down

By Howard B. Owens

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.

Pavilion Lady Gophers sweep Fillmore to advance to Saturday's girls volleyball Far West Regionals

By Mike Pettinella

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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.

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

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Adeline Milligan sets one up.

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The young fan's sign says it all.

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Shea Amberger with the block.

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The Pavilion fans filled one side of the gym.

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

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The Lady Gophers celebrate their 24th straight victory.

Photos by Jim Burns.

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

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The Batavia Housing Authority is seeking a positive, hardworking teammate to perform a variety of outdoor landscaping tasks, primarily mowing, with some trimming and cleanup work. The Groundskeeper is independently responsible for outdoor landscaping tasks on a weekly basis with some flexibility. This job may require some weekend hours when necessary. Part-time position Pay Range: $19.00/hr - $22.00/hr Anticipated start date: May 2024 Application deadline: April 29, 2024 See full job description at: https://www.co.genesee.ny.us/Groundskeeper.pdf Complete Civil Service Application at: https://cms1files.revize.com/geneseecountynew/CivilServiceApplication2022Revision-09.22.22.pdf Contact Information Nathan Varland Executive Director Batavia Housing Authority 400 East Main Street, Batavia, NY 14020 (585) 344-1888 nvarland@bataviahousing.org Location: Batavia
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