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Press release:

The Genesee County Health Department is seeking information about the location of two dogs and the owner(s) following a dog bite incident around 5:30 p.m. on Tuesday, November 9. A group of individuals were playing outside in the area of 16 Maple Street in Batavia when two dogs came running towards the group from the direction of Evans and Thorpe Street. One of the dogs charged the group and bit one individual. 

The dog that bit one of the individuals in the group is described as a medium-sized, dark tan dog with a white chest. The dog was a shorthaired, pitbull shepherd mix and approximately 50 to 60 pounds.

The other dog was described as a light tan, shorter-sized dog who was approximately 40 to 50 pounds.

After the incident, the dogs headed back in the direction of Evans and Thorpe Street in Batavia.

It is important to locate the dog to determine whether or not it is current on its rabies shot. If the health status is not identified, post-exposure rabies shots will be offered to the victim.    

If you have information about the location of the dogs and its owner(s), please contact the Genesee County Health Department at 585-344-2580 ext. 5555.

Press release:

On November 16, 2021, members of the Oatka Creek Watershed Committee and the Black Creek Watershed Coalition are inviting you to attend a celebration of the contributions George Squires has made to protect and improve the health of our watersheds in western New York.   Earlier this year, George retired from his volunteer position as Executive Secretary for the Black Creek Watershed Coalition, a position he had held since the formation of the organization in 2002. George was also involved with the formation of the Oatka Creek Watershed Committee in 1998 and he served on the Committee’s Board of Directors from 2004 to 2018.

We will be meeting at DeWitt Recreation Area, 115 Cedar Street, Batavia, NY 14020 in Batavia at 1:30 PM to recognize George and to dedicate a Bur Oak tree in his honor.  Please park at the south entrance parking area.

Please share this notice with others who know George and may want to join us.  If you would like to say a few words about George’s work or have any questions, please contact Peter Lent at lent@frontiernet.net  so we can allocate timing for the event.  If the weather doesn’t cooperate, we will move event to 11/17/2021, at the same time and place.

Eric A. Spikes, 44, no permanent address, is charged with assault 2nd, two counts of burglary 2nd, menacing 3rd, and endangering the welfare of a child. Spikes is accused of physically attacking and injuring another person during an incident on Aug. 26 at 12:17 a.m. on North Lyon Street, Batavia, where multiple children were present.  He was arrested on a warrant. He was arraigned in City Court and jailed without bail.

Katherine Jessica Vail, 29, of Griswold Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, and reckless endangerment 2nd.  Vail is accused of driving drunk and striking a pedestrian and his dog at 6:11 p.m., Saturday, on South Lake Road, Bergen.  VAil was released on an appearance ticket.

Jeffery Michael Johnson, 33, of Lake Street, Le Roy, is charged with DWI Drugs and driving left of the pavement markings.  Johnson was stopped at 3:46 a.m., Saturday, on Main Road, Stafford, by Deputy David Moore.  He was released on an appearance ticket.

Jonathan Micahel Reed, 28, of Lake Street Road, Le Roy, is charged with two counts of sex offender failure to report a change of address/status within 10 days. Reed is accused of failure to register a new internet service provider and account within 10 days.  He was arraigned in Town of Le Roy Court and jailed without bail.

Aaron Michael Reagan Hatt, 25, of Federal Drive, Batavia, is charged with driving while impaired by drugs, DWI, driving without a license, and failure to signal.  Hatt was stopped at 2:13 a.m, Sept. 19, on Wortendyke Road, Batavia, by Deputy Morgan Ewert. Hatt was released on an appearance ticket.

Zachary James Chittenden, 34, of Boyce Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, and no or inadequate plate lamps.  Chittenden was stopped at 2:38 a.m., Sunday, on Hartshorn Road, Batavia, by Deputy Zachary Hoy.

Philip M. Escobar, 32, of Kirvin, Texas, was arrested on a bench warrant for alleged failure to appear in Batavia City Court.  He was arraigned in City Court and released on his own recognizance.

Mark B. Havens, 59, of Batavia, is charged with criminal mischief 3rd, assault 3rd, and grand larceny 4th. Havens is accused of striking another person in the face causing injury and taking the person's mobile phone, and damaging a computer during an incident reported at 3:40 p.m., Nov. 7, at an address on Liberty Street, Batavia.  Havens was arraigned in City Court and released on his own recognizance.

Jason L. Johnson, 39, of Batavia, is charged with criminal possession of a controlled substance 7th. Johnson was reportedly involved in a physical altercation with another person at a business on East Main Street at 11:58 p.m., Nov. 5, and when police identified Johnson, they arrested him on charges from an unrelated incident.  He was allegedly found in possession of crack cocaine and a broken crack pipe in his jean pocket.

Jaequele M. Tomlin, 26, of Batavia, is charged with criminal mischief 3rd.  Tomlin is accused of damaging property on Watson Street during an incident reported at 10:24 a.m., Nov. 4.  She was arraigned in City Court and released on her own recognizance.

Paul A. Inostroza, 30, of Batavia, is accused of criminal obstruction of breathing or blood circulation, reckless endangerment 2nd, attempted assault 2nd, and harassment 2nd. Inostroza allegedly attacked another person at 12:50 a.m., Sept. 5, at a location on East Main Street, Batavia.  He was arraigned in City Court and released under supervision.

Erik Pokornowski, 30, of Byron, is charged with DWI, driving with a BAC of .08, failure to stop at a stop sign, and moving from lane unsafely.  Pokornowski was stopped at 1 a.m., Oct. 30 on East Main Street, Batavia, by a Batavia police officer.  He was released on an appearance ticket.

Gilberto N. Natal, 33, of Batavia, is charged with harassment 2nd. Natal allegedly grabbed another person during an argument and threw the person to the ground in an incident reported at 3:45 p.m., Oct. 27, on South Lyon Street, Batavia.  Natal was arraigned in City Court and released on his own recognizance. 

Timothy M. Henry, 26, of Le Roy, is charged with petit larceny.  Henry is accused of stealing $74.54 in merchandise from the Walmart in Warsaw. He was arrested by State Police and released on an appearance ticket.

Michael P. Jansma, 32, of Attica, is charged with DWI and driving with a BAC of .08 or greater. Jansma was stopped by State Police at 9:45 p.m., Saturday, in the Town of Pembroke. He was released on an appearance ticket.

Crystal S. Duncan, 36, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Duncan was stopped by State Police at 10:26 p.m., Friday, in the Town of Batavia. Duncan was released on an appearance ticket.

Allyson P. Lawrence, 27, of Batavia, is charged with criminal possession of a controlled substance 7th. Lawrence was arrested by State Police in the Town of Batavia, at 4:48 p.m., Nov. 7.  She was released on an appearance ticket. No further details released.

Valarie L. Mancini, 64, of Shortsville, is charged with criminal possession of a controlled substance 7th and driving while impaired by drugs. Mancini was stopped at 6:15 a.m., Nov. 10, by State Police, in the City of Batavia.

A 15-year-old resident of Batavia is charged with criminal mischief 3rd.  The youth was arrested by State Police in connection with an incident reported at 10:50 p.m., July 24.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $3.42, no change from last week when the numbers are rounded. Actually, the price went down because it is $3.415, and last week it was $3.422. One year ago, the price was $2.13. The New York State average is $3.56 –no change from last week. A year ago, the NYS average was $2.23. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia - $3.45 (down one cent from last week)
• Buffalo - $3.47 (no change from last week)
• Ithaca - $3.52 (up one cent from last week)
• Rochester - $3.53 (up one cent from last week)
• Rome - $3.57 (up one cent from last week)
• Syracuse - $3.51 (up one cent from last week)
• Watertown - $3.59 (up three cents since last week)

The national gas price average is down a tad as the Energy Information Administration (EIA) reports that total domestic gasoline stocks decreased while gasoline demand also dropped. The decrease in demand has contributed to some price relief at the pump for drivers. However, pump prices will likely remain elevated as long as oil prices are above $80 per barrel. This morning, they are hovering at about $80 to $81.

From Gas Buddy:

As of Sunday evening, the national average price of gasoline posted its first weekly decline in months. As the price of oil continues to struggle, Covid cases flare up and anxiety over demand starts rising, motorists are likely to see the declines continuing into this week," said Patrick De Haan, head of petroleum analysis for GasBuddy. "While it's not known how long market conditions will continue to push gas prices down, it appears that the fall should last through Thanksgiving, just in time for millions of Americans to prepare to hit the road for the holiday. However, the damage may already be done. According to GasBuddy's Thanksgiving Travel Survey, being released tomorrow, a significant portion of Americans say the high gas prices already led them to re-think their plans.

After a year’s delay of celebrating the 25-year existence of Genesee Cancer Assistance — which means founders, board members, patients and volunteers — the nonprofit will finally have its day.

The organization’s dinner celebration is at 5 p.m. Saturday at Batavia Downs Gaming on Park Road, Batavia. 

“When we realized it was 25 years, we thought this was a great way to celebrate,” Executive Director Sue Underwood said Saturday to The Batavian. “It’s not a fundraiser, just a dinner celebration … where we could give back to the community for all their help and support. We will recognize the board, volunteers and patients that are there, and local businesses and community supporters will be recognized.”

Not an unfamiliar scenario during this past year, GCA had to postpone plans for an annual event in 2020 due to Covid-19’s impact on large and public gatherings. So it is actually 26 years old now, after being founded in 1995 by Dorothy Schlaggel and Russ Romano.

The duo had a shared objective to create an organization to assist cancer patients in Genesee County with access to financial aid and other related supportive services. The hundreds helped each year have turned into thousands of people able to obtain financial assistance for costs associated with their diagnosis and treatment, GCA’s website states. 

This assistance includes expenses related to prescriptions, medical co-pays, transportation to and from medical facilities, home health care and related equipment and child care. The organization also provides biblical counseling, support groups, informative materials and the Simply Beautiful program, created to help cancer patients with personalized advice for how to deal with the side effects of treatment on their hair and skin.

Appetizers and beverages are to begin at 5 p.m., followed by a buffet dinner at 6 p.m., and the program from 6:30 to 7:30 p.m. Paul Figlow will serve as master of ceremonies, and Karen Rowland is to speak in memory of her father and huge GCA supporter, Joseph Gerace. Music, assorted memorabilia and, perhaps, some live racing or casino action may fill part of the evening, Underwood said. 

There will be giveaways of gift cards, centerpieces and themed baskets throughout the event, she said. 

“November is a time to be thankful, and it’s really to show people that we’re thankful for the community support,” she said.
 
Tickets are $35, including $25 of Free Play, and are available through Sunday, Nov. 14, as a total count must be turned in by Monday. To order, go to geneseecancerassistance.org
 

Press release:

On November 13, 2021, the Bureau of Criminal Investigation (BCI) out of SP Batavia arrested Brennan M. Dean, 20 of Bolivar, NY was arrested for Manslaughter (C Felony), Vehicular Manslaughter 2nd degree (D Felony), Criminal Possession of Stolen Property 4thdegree (E Felony), Criminal Possession of Controlled Substance 7th degree (A Misdemeanor), Leaving the Scene of a Fatal Motor Vehicle Accident, DWAI-Drugs (1192-4) and additional Vehicle and Traffic Violations.

On November 12, 2021, at approximately 2:30 PM, Troopers out of SP Warsaw responded to Starr Road and Crossman Road in the town of Pavilion for a one-car collision. Further investigation revealed that 2010 Chevrolet Cobalt was traveling southbound on Starr Road at a high rate of speed when the vehicle exited the roadway at a curve striking a utility pole. The passenger was ejected from the vehicle and pronounced deceased at the scene.  The operator, Dean attempted to leave the scene when patrols were able to locate him in the area.  Dean was transported to Strong Memorial Hospital for non-life-threatening injuries.  Once Dean was released from Strong Memorial Hospital, he was arrested and transported to SP Batavia for processing.  Dean was arraigned at the town of Pavilion and remanded to the Genesee County Jail in lieu of $100,000 cash or $200,000 bond.

The vehicle involved in this incident was reported stolen out of North Tonawanda earlier on November 12, 2021.

The passenger has not been identified at this time.

New York State Police Collision Reconstruction Unit, the Bureau of Criminal Investigation, Genesee County Sheriff’s Office and the Genesee County District Attorney’s Office assisted in this investigation.

This is still an ongoing criminal investigation.

Previously: Minimal information available from State Police on fatal accident in Pavilion

Photo: Alecia Kaus/Video News Service

A man and dog out for a walk on South Lake Road and Clinton Street Road were struck by a vehicle.

Minor injuries were reported.

The vehicle is still on scene.

Bergen Fire and ambulance responding.

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.  

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.

The main terminal lobby and County Line Service office.

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

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

The main terminal and main hangar were built in 2015.

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

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.

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

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

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.

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.

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. 

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.

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.”

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.

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.

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.

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.