Press release: 

As an expansion of their commitment to communities within their footprint, Family First Federal Credit Union (FFFCU) held an employee food drive to help provide supplies to the United Way Backpack Program. This program supplies weekend meals to students within multiple school districts in Genesee County.

Additionally, FFFCU raised monies to supplement the purchasing of program food supplies.

"I am delighted that my colleagues and our members are so incredibly generous and recognize the importance of supporting the needs of children in our community,” said FFFCU Mortgage Loan Originator, Lisa Gautieri. “We are pleased to present the United Way with this gift of food and monetary donation to help ensure children’s food insecurities are decreased in Genesee County.”

United Way of Greater Rochester and the Finger Lakes has been supplying services and funding to many agencies throughout Genesee County and the funding received from FFFCU will be wholly used to purchase food for the Weekend Backpack Program.

Gautieri, along with FFFCU PR Specialist Sarah Kearney, accompanied United Way’s Senior Resource Development Manager Tammy Hathaway to Arc’s HUB to present their donation to the team who packs the weekend food bags. Arc’s AIM and WOW programs currently pack and administer the program to four participating schools in Genesee County.

“I absolutely love this piece of my job. I am so fortunate that Family First encourages me to help out more in our communities. They truly want to do more where it’s needed,’ said Kearney.

For more information on the Weekend Backpack Program and other United Way-supported programs, please contact Tammy Hathaway at 585-343-8141 or tammy.hathaway@unitedwayrocflx.org.

Press release:

St. Paul Lutheran School is proud to announce the Honor Roll and High Honor Roll for the 1st Marking Period of the 2021-2022 School Year.  The following students have earned the Honor Roll:

Isabella Battaglia, Benjamin Forsyth, Syvonne Holliday, Caleb, Janis, Tomas Schrader, Korina Hodges, Eli Janis, Helen Schofield, Lucy Warren, Lillian McClellan, and Lilah Guarino.

The following students have earned the High Honor Roll:

Emma Clark, Abigail Varland, Mathew Mosher, and Cooper Parker.

Press release: 

Kiwanis Club of Batavia is hosting its annual Thanksgiving Day Skate on Thursday, November 25th, 2021 from 9 am to 11 am at Falleti Ice Arena, 22 Evans Street, Batavia.  The event includes FREE admission, skate rentals, and hot chocolate (while supplies last).

Photo: File photo from 2014

Two men from Rochester are being accused of running a check-cashing scam against a Batavia resident and one of them is facing a felony charge as a result.

Brian N. Miles, 25, is charged with attempted forgery 2nd, criminal possession of stolen property 5th, and criminal possession of a controlled substance 7th.

Marcus D. Snow, 23, is charged with conspiracy 5th.

On Monday, the Sheriff's Office received a report of somebody outside the ESL Federal Credit Union trying to solicit people to cash a check for them.  

The scheme worked like this, according to the Sheriff's Office: The suspect asks a citizen to cash a check for them at a local bank under the pretense they do not have identification on them or that they are not a member.  If the citizen agrees to cash the check, the citizen withdraws the deposited funds and the cash is turned over to the scammer. The suspect provides the mark with a small monetary sum for assisting them.  The checks are either fraudulent or stolen and not backed by real U.S. currency.  The citizen loses the money associated with the deposited check once the check bounces.

At the time of his arrest for allegedly executing such a scheme against a Batavia resident, Miles reportedly possessed crack cocaine.

Both suspects were released on appearance tickets since, under current NY law, their offenses do not qualify for a cash bail requirement.

As the Chamber of Commerce rolls into its golden anniversary year, the staff and leadership remain focused on the goals of promoting, supporting, and connecting its membership, said Eric Fix, chamber president, at the organization's annual meeting today at Terry Hills.

"We've always been here and we'll always be here to do what we do best as a chamber," Fix said.

It's been a busy year with the chamber promoting the local business community through social media, events, and publications.

It's also been a big year for ribbon cuttings, Fix said.

"The most famous item at the Chamber of Commerce is a 36-inch pair of scissors," he said. "The scissors came out in full force this summer. Genesee County is back in business."

The chamber added 54 new members in the past year.

He also announced that the annual home show returns on April 8, 9, and 10.

The 2021 Board of Directors:

• Daniell Rotondo, chair
• Mickey Hyde, chair-elect
• John Whiting, vice-chair
• Janice Jones, secretary
• Joe Forsyth, treasurer
• Jennifer Zambito, immediate past chair
• and board members: Mary Blevins, Peg Weissend, Paul Gister, Eric Wies, Beth Kemp, Henry Wojtaszak, Justin Kipfer, Barbara O'Rouke, Jeremy Liles, and Chad Klotzbach.

The chamber will be celebrating its 50th anniversary with events throughout the coming year.

With a mother as a reading instructor and a father who taught art, Dan Crofts’ life path may have seemed a creative given. 

And his growing list of written works, including the most recent piece of fiction, is a testament to that prediction. “A Short History of the R-Word” is the Batavia native’s latest published book.

“The general lesson is relating to people on a level of our common reality,” Crofts said during an interview with The Batavian. “The way we treat each other has ripple effects. I’m interested in the debate around the R-word … and interested in language and the history surrounding it.”

The book begins with a tease of whether it’s based on a true story or not. Names and details “may have been altered,” Crofts says, but it goes no further to nail down the question. 

He does admit that it’s a work of fiction, pulling a familiar character from Susan Conklin’s “Supernatural Genesee” and carrying him — Frank the Dwarf — onward to examine the past history of the word retard.

Crofts’ research led him to Latin and Eastern European roots. Never having been in those regions, Crofts struggled with how to genuinely write about them. He crafted a medium by which he could narrate the action. He chose magic binoculars as a way “to symbolize my distance to the location,” he said.

Yet local readers will find much familiarity with various aspects of the book, such as Ellicott Avenue, Lambert Park, and Robert Morris Elementary School. The story begins with Paul Schlepp and his three best friends messing about on the swing set at Robert Morris.

“Outwardly they prided themselves on being two years the seniors of those who had just graduated from this their alma mater; but an unspoken part of each of them missed the “kiddo” days, Crofts writes. “Amidst his reminiscing of childhood, Paul breaks the romance of nostalgia by noticing John.”

“Yo, is that that retard from the store?” 

And a hurried flow of thinly veiled insults follow as the boys ask aloud, "does he talk?" "How could he be working in a store if he didn’t talk?"  "Does he still live with his mom?" "He’s likely someone who touches little kids."

“It should be noted that the word used by Brandon and Paul — the notorious ‘r-word — was one all the boys were used to, and not least of all from the custom of using it on each other,” Crofts writes. “Any time one of them said or did anything really or apparently unintelligent, the word was as readily applied to him as to any disabled person, and with much less reticence about saying  it to his face.” 

Frank the Dwarf eventually makes his entrance and introduces Paul to the magic binoculars that can see the past. Paul experiences instances of when retard had an accent on the second syllable, originated in a different language, and meant “to slow down,” and not about a person’s character. 

Frank the Dwarf talks to Paul about how the “speaking races” have the power to abuse each other as much as to lift one another up. Words are a part of us, Frank says. 

“We have to take care of them,” he says. 

The book evolved from a chapter Crofts, who has a bachelor's in English, began to write for a larger project of “journalistic, reflective and academic” contributions. After that project fell through, he kept expanding the chapter until it became a total work of its own, he said.

The topic is no stranger to the 36-year-old who works as a direct support professional at Arc Glow in Batavia and has written for an Autism Spectrum publication.

Henry J. Stratton II, who has shown his own pieces at Genesee Community College, illustrated the cover, and it was published by Batavia-based Applied Business Systems. 

Copies of his book are $5 and will be available for purchase at Arc’s annual Chili and Chowder Fest. It runs from 4 to 6:30 p.m. Friday and 10 a.m. to 1:30 p.m. Saturday at the Community Center, 38 Woodrow Rd., Batavia. All proceeds will go toward Arc programs. 

For more information, email Crofts at danielcrofts31@yahoo.com.

In this time of rising prices, Town of Batavia residents can breathe a little easier with a 12 percent decrease in property taxes.

Led by Supervisor Gregory Post, Batavia Town Board members Sharon White, Dan Underhill, Patti Michalak and Chad Zambito voted on the 2022 annual budget of $4,845,357, including $1.3 million for the Highway Fund, during a board meeting Wednesday at Batavia Town Hall. The board had adopted the budget in October and offered community input during a hearing Nov. 3. The vote was unanimous.

The general fund budget is an increase of about $800,000 from 2021, however, the board will use $1.18 million in unexpended funds to keep the property tax levy status quo to this year’s amount of $1,236,000. Add to that increased assessed town values, and the result is a decreased tax rate of $2.51 per $1,000 assessed value, down from $2.85. 

The budget includes $500,000 for a fleet of pickup trucks, the addition of another highway department employee and project manager, and a 3 percent pay increase that may not be "across the board" and is to be finalized in January 2022, Post said in a prior interview with The Batavian.

Wednesday’s votes also included an approximate 2 percent increase in water rates. That will mean a rate of $6.32 and $5.12 each per 1,000 gallons for residential and agricultural consumers, respectively. Residential water is for use outside of farming operations, whereas the agricultural rate is for drinking water for livestock, irrigation of crops and operations related directly to agriculture. 

The sewer rate is to remain the same at $7.09 per 1,000 gallons used. Water and sewer rates are billed quarterly, with payments due in May, August and November 2022, and February 2023. 

Click here for more information!

The Le Roy Village Board is taking a “better safe than sorry” approach to New York State’s new law that allows communities to host retail dispensaries and on-site consumption locations of marijuana.

The board, at its meeting Wednesday night, held a public hearing on the topic before passing a resolution to adopt Local Law No. 6 of 2021, which allows the village to opt out of those businesses.

Municipalities such as the Village of Le Roy are required by the New York Marijuana Regulation & Taxation Act to state their intentions by Dec. 31. Towns, cities and villages that opt out can always opt in at a later date, but those that opt in, can never opt out.

“There’s no urgency,” said Trustee Ray Yacuzzo. “Let’s be careful about this.”

Fellow board member Richard Tetrault suggested giving it a year to see how the situation plays out in neighboring communities to prevent someone coming in without the village having any say in the matter.

Residents in attendance pointed out the number of empty storefronts on Main Street, asking, “Why not keep that money here?”

Mayor Greg Rogers noted that the law states that cannabis dispensaries and consumption sites can't be within 500 feet of schools or churches and, “unfortunately, many Main Street shops are too close.”

Town Councilman Ron Pangrazio then presented a map of the Main Street area, adding that “Main Street is totally out.”

Rogers did say that other places in the village may be available, a sentiment echoed by Trustee Bill Kettle, who said, “There’s more to Le Roy than just two blocks (Main Street).”

Another comment from the audience focused on the fact that cannabis store owners are prohibited from depositing cash from sales into a federal bank, opening the door for an increase in robberies. That was rebutted by someone who mentioned that data shows that crime has not increased in areas that allow it.

The board’s action, per Cannabis Law Section 131 and Municipal Home Rule Law Section 24, can be challenged by a permissive referendum by the voters.

Kelly March is a mother of three teenagers, a local business owner, and someone who believes in following state mandates. 

The Batavia resident is also a patient advocate and cannabis ambassador who encouraged Batavia Town Council members Wednesday to opt into allowing cannabis retail dispensaries.

"When you opt out, you’re not making it safer; you’re giving the legacy market license to flourish,” March said during a public hearing about proposed cannabis legislation that would allow dispensaries and on-site consumption of the product. 

March was one of two speakers and about a half dozen quiet supporters at Batavia Town Hall. She supports the reformed marijuana laws that would ensure safe, high quality cannabis in this area, she said. 

Otherwise, by opting out of the move, Town Council members are side-stepping legal ways to provide and sell marijuana, she said, and opening up opportunities for those that sell on the “legacy market.” Legacy is the more acceptable term nowadays for the previously used phrase “black” market, she said. 

“By banning the legalized market, it will increase use by the youth,” she said. “Batavia is a community rooted in farming. We have cannabis now … We want the right to be able to pursue our own business, just like distilleries in the area.”

March foresees craft cannabis products available, just as craft beer, wine and liquors have become popular. Aside from the business end of the issue, she also spoke of the Compassionate Care Act, which has gradually been adopting less restrictive policies so that patients have an easier way to access medical marijuana. Right now patients have had to deal with “a plethora of issues,” she said, including affordability and access due to dispensaries being at greater distances.

A medical card-carrying patient herself, March knows only too well the hassle of driving two hours to obtain relief through cannabis treatment, she said. Having to figure out what to do with one’s children while visiting a dispensary only compounds the problem, she said. 

March founded her business, Genesee Cannabis Club, in 2018. It provides educational programs for women to empower them as part of the work force, she said. There is no down side to allowing for dispensaries locally, she said. 

“I urge you to please think about it,” she said. 

Although Penelope Hamilton Crescibene is not a recreational cannabis user and was once “petrified” of all the pitfalls she heard about marijuana, she has become a vocal advocate of its use. Batavia was her sixth board visit to address issues of opting out of cannabis dispensaries, she said. 

“People are afraid of this change. The old fear-mongering is alive and well,” she said to The Batavian. “I get calls all day long from people needing help." 

Crescibene was diagnosed years ago with rheumatoid arthritis and the auto-immune disease of Sjögren’s syndrome. Once on heavy loads of prescription opioids to lessen the pain, she eventually turned to cannabis. Within 30 days she was off all opioid drugs, she said. 

“I learned all about the science. I learned about this plant,” she said during the hearing. 

The East Pembroke resident is director of community engagement for The Cannabis Community, which shares information through “education, awareness and access.” She is also a medical adviser for Empire State’s chapter of the National Organization for the Reform of Marijuana Laws, known as NORML, and wants to help inform individuals and groups about this topic.

There have already been cannabis sales locally, she said, and people are driving on the roads.

“We already know people are using this,” she said. “If it was legal, we would be able to grow it like apples. If you give the option of opting out, you are saying ‘you’re welcome to stay and continue your illicit sales.’  You’re also opting out of taxes.”

She urged the board to help address the stigma associated with who uses marijuana: the majority of people are patients medicating their health conditions, she said, versus the stereotypical notion that minorities are using it more heavily than other populations. 

“Let’s start working together and start educating,” she said.

During a previous meeting, Batavia Town Board voted to have the public hearing to obtain community member feedback on the resolution. One option is to enable the municipality to opt out of allowing cannabis retail dispensaries and on-site consumption sites through New York’s Marijuana Regulation & Taxation Act.

Supervisor Gregory Post had said he didn’t think the town had enough information from New York State to “enter into something that we could never get out of.” He suggested that the town take more time in making an affirmative decision. The board can always opt in at a later time, he said, once more details are available. Post had also expressed concern regarding the vote of five board members, citing that it probably “isn’t a clear and transparent representation of the whole community.”

The board will vote on the resolution at a future meeting. 

Photo above: Penelope Hamilton Crescibene speaks during a Batavia Town Board public hearing to opt in or out of cannabis dispensaries.

Advocates Kelly March of Batavia and Penelope Hamilton Crescibene of East Pembroke advocate for allowing cannabis dispensaries and on-site consumption, per the Marijuana Regulation and Taxation Act in New York. 

Batavia Town Board receives feedback about its future vote on cannabis dispensaries during a public hearing Wednesday evening at Batavia Town Hall. 

Photos by Howard Owens. 

Batavia businessman Eric Biscaro’s attempt to construct a 30-duplex unit senior housing complex off East Avenue and develop 18 single-family home building lots on that street came to a screeching halt at tonight’s Le Roy Village Board meeting.

Biscaro introduced the project back in April to the Genesee County Planning Board following discussions with Village Mayor Greg Rogers about a development that could provide upscale housing for residents age 50 and over and generate much needed tax revenue for the municipality.

When residents in the East Avenue, Poplar Lane and Orchard Drive neighborhood found out about it, however, many of them rallied together to oppose the village board’s desire to change the zoning from Residential to Planned Unit Development to accommodate Biscaro’s venture.

Those against the plan voiced their opinions at a couple public hearings, citing reasons such as it was a bad fit for the area and concerns over stormwater runoff and increased traffic.

At tonight’s session, held at Memorial Auditorium on Trigon Park, Rogers clearly was disappointed as he communicated the fate of the project. Three of the five board members – Bill Kettle, Richard Tetrault and Ray Yacuzzo -- said they were going to vote against it. Rogers and Jim Bonacquisti said they were for it.

It never came to an official vote because a resolution to accept the required State Environmental Quality Review died for a lack of a second. As a result, the resolution to change the zoning was not considered.

ROGERS: 'HE WAS THE RIGHT GUY'

Rogers said he thanked Biscaro and the board for the time and effort put into this subject.

“I respect my fellow board members and their professionalism and their opinions; that’s how the system works,” he said. “However, I will say, I still in my heart believe that Eric Biscaro was the right guy for the right piece of property at the right time.

“I’m glad he came to Le Roy and he wanted to be part of this community. He looked at a lot of different things. He looked to rescue Genesee Street. There are vacant houses on East Avenue that we looked into getting into rehabbing.”

The mayor said the village is going to lose “a possible asset here” but reiterated that this is the way the system works.

He then acknowledged that he did not find any satisfaction in presiding over the public hearings.

“I'm totally glad they're over, and you'll never get me to do another one of these,” he said. “So, thank you all for your time … And Eric, I'm terribly sorry. I appreciate you taking the shot on Le Roy. I’m sorry I dragged you into this.”

BISCARO: MISSING OUT ON TAX BENEFITS

Rogers then asked Biscaro if he wanted to say something and he proceeded to bring up comments earlier in the meeting when the board held a public hearing about its decision to opt out of the adult use cannabis retail dispensaries and on-site consumption places under New York's Marijuana Regulation & Taxation Act.

“I heard a lot today about empty stores on Main Street,” Biscaro said. “Le Roy, like a lot of places, has been losing population over the last 20 years. And I heard about tax money … It would be a whole lot more tax in this than any pot store locally; constant – coming in every year for forever.”

Biscaro said that developers aren’t knocking the door down to do business in the village.

“Fine, give me your opinions, but to make a decision on something … nobody's promoting their money to go and look at South Avenue, no one’s even looking there,” he said. “You said to look towards the next street down. Nobody's looking there. To the developer’s eyes, those types of reasons make no sense to us.  It's not what we’re proposing for development. We're proposing that we should stay right there and just look right there.”

Finally, he told the board that he was warned about pursuing a project in Le Roy.

“That's one thing I heard over and over and over again. ‘Are you kidding me? You're going to Le Roy. They don’t move on anything.’ This is what I was told over and over again by people that do business,” he said.

“You might want to be careful with that in your future because it's the developers … they’re not going to look (at this town) because nothing happens. That would be the complaint from the development person. I’m not sitting here stabbing anybody (as) I'm not jealous of you sitting in your seats, but sometimes you got to take a little bit and go forward. That’s something I'd recommend, not that that means anything here.”

VILLAGE TRUSTEES SPEAK OUT

Bonacquisti, Kettle, Tetrault and Yacuzzo addressed those in attendance prior to Rogers and Biscaro.

“I supported this project from early on -- single floor patio homes for 55 (actually 50) and above is needed in our community,” Bonacquisti said. “Keep in mind, this is my opinion. It's not your typical rental units. It was going to be a bump to our tax base (and) it was going to develop an area that has not been developed for 50 years.”

He contended that the response he received from village residents was “positive” except for those who live in the immediate area. And he said turning Biscaro’s project down could dissuade others from considering Le Roy.

“This is the second time that I've been on a board that a developer has come in the last 10 years and is trying to do something different in the community. And it's the second time they've been turned away,” he said. “My fear is no other developer will come to Le Roy. They see what has happened over the course of the last 10 years.”

Kettle said he did the math and believes that this is not “the best plan for the comprehensive plan that we have in the Village of Le Roy.”

“I think there's a better plan out there. I think there's a plan that will bring tax dollar revenues, 100 percent of assessed values to the coffers -- the school coffers, the village coffers, and the town and county coffers,” he said, implying that he didn’t agree with the payment in lieu of taxes agreement that Biscaro worked out with the Genesee County Economic Development Center.

Tetrault, mentioning that he has been involved in construction, said he liked Biscaro’s plan but couldn’t vote for it because he hasn’t been made aware of the full scope of the project. Thus, he is wary of potential problems down the road.

TETRAULT: QUESTIONS WENT UNANSWERED

“And some of the questions I had, I really never got clear answers for,” he said, noting that he was hoping to see a more detailed set of blueprints that encompassed all aspects of Biscaro’s proposal.

Yacuzzo said that connecting East Avenue with South Avenue (one of the conditions of the project) would be a terrible mistake, leading to “a crush of traffic” as people would use it as a shortcut on weekdays to get to the Le Roy Central School and after football games.

“If there's a connection to East Avenue anywhere else, I think it should be to Asbury Road and that would not serve as a shortcut … That's the sort of plan that I’d like to run by our planning board.”

As he was leaving, The Batavian asked Biscaro if he would consider a revised plan or another location in the village.

“No, it’s done,” he said.

Photo: Le Roy Village Board members at tonight's meeting, from left, Richard Tetrault, Ray Yacuzzo (speaking), Mayor Greg Rogers, Bill Kettle and Jim Bonacquisti. Photo by Mike Pettinella.

Previously: Patio homes/building lots development project is back on the Le Roy Village Board's agenda for tonight

Previously: Developer offers to pay to extend East Avenue as Village of Le Roy residents continue to question housing project

Previously: East Avenue area residents defend their 'jewel' of a neighborhood at public hearing on Le Roy development

While deeming all five of the capital improvement projects proposed by Genesee Community College President Dr. James Sunser as “necessary,” members of the Genesee County Legislature’s Ways & Means Committee this afternoon decided to partially fund four of them next year – as long as New York State lives up to its end of the bargain.

The committee, after hearing of the county’s plan of action from County Manager Matt Landers, voted in favor of spending up to $1.7 million, which equals half of the cost of the following projects:

• Replacement of the soccer/lacrosse turf on the field adjacent to the Richard C. Call Arena (Total cost $950,000).
• Replacement of the cooling tower (Total cost $410,000).
• Renovation of a connective corridor (Total cost $180,000).
• Complete roof replacement on the Technology Building (Total cost $1,060,000).
• Replacement of the Conable Technology Building parking lot (Total cost $800,000).

The resolution passed at a meeting at the Old County Courthouse today is subject to final approval by the full legislature. It reiterates what Sunser communicated to the committee on Nov. 3 – that New York State would contribute 50 percent of the funding as long as Genesee County did the same.

Landers said the county will appropriate money for the first four projects listed above in 2022 and hold off on the Technology Building parking lot until 2023.

“If the state says no, then we’re back to the drawing board,” Landers said. “These are necessary projects, but we’re not on the hook if there is no state support.”

In other action, the committee:

• Approved using an additional $680,000 from unexpended reserves to keep the 2022 budget tax levy the same as it was in 2021 -- $31,451,727.

This action, reported first on The Batavian last week, drops the property tax rate to $9.18, which is less than the $9.37 that was proposed in the preliminary budget. The 2021 tax rate was $9.80.

The full legislature is expected to vote on the budget at its meeting next Monday.

Legislature Chair Rochelle Stein commended management, staff and her colleagues for conducting a budgetary process that was “clear, direct, concise and responsive to the questions asked by the community” and for not raising the tax levy.

• Scheduled a public hearing for 5:30 p.m. Dec. 8 at the Old County Courthouse to consider Local Law Introductory No. 7, Year 2021, that puts the salaries of county elected or appointed fixed term employees at the following levels:

-- Commission of Elections (Richard Siebert and Lorie Longhany), $51,055.
-- Director of Human Resources (Anita Cleveland), $93,341.
-- Commissioner of Social Services (David Rumsey), $93,993.
-- Director of Real Property Tax Services (Kevin Andrews), $5,000.
-- County Clerk (Michael Cianfrini), $100,749.
-- Treasurer (Scott German), $107,966.
-- Sheriff (William Sheron), $110,243.
-- Highway Superintendent (Tim Hens), $124,626.

• Approved monthly premium rates, effective Jan. 1, 2022, of the county’s Self-Funded Health Benefits Plan to reflect an across-the-board 4.5 percent increase over the 2021 rates.

The county offers Partnership Plus and Traditional Plans (for some Genesee Community College employees), and Health and Wellness Plans (for all county employees) with rates ranging from $727 a month for single plans, to $2,844 a month for family (three or more) plans.

County employees also have access to dental and vision benefits.

On average, the county pays 87 percent of the premium and the employees pay 13 percent, Landers said.

• Reappointed Molly Haungs, marketing manager of LandPro Equipment, to a two-year term on the GLOW Workforce Development Board and James Kingston of Elba to a two-year term to the Genesee County Soil & Water Conservation District board of directors.

Previously: Genesee Community College president asks county for up to $1.7 million to help fund five infrastructure projects

The testimony of Jason Whitehead and Crystal Schultz helped lead to the conviction of Jacob Sponaugle of attempted murder at the end of a three-day trial, said District Attorney Lawrence Friedman, who won a conviction in his final case of a 40-year prosecutorial career.

"I think that we had a very strong case," Friedman said after a jury found Sponaugle guilty on all counts. "I mean, we had, as I argued to the jury, in my summation, we had two witnesses, who had no connection, didn't know each other before, have had no contact, since I've never discussed this case. And they basically told the same version of what happened in great detail." 

Jacob Sponaugle shot Whitehead in a gun deal gone bad outside the Days Inn in Batavia the night of July 22, 2020.

The jury deliberated for 90 minutes, with a break to ask Judge Charles Zambito to read back the jury instructions on the attempted murder charge, and found Sponaugle guilty of all the charges against him:

• Attempted Murder 2nd, a Class B violent felony
• Assault in the first degree, a Class B violent felony;
• Criminal possession of a weapon in the second degree, a Class C violent felony;
• Aggravated criminal possession of a weapon, a Class C violent felony;
• Criminal possession of a weapon in the third degree, a Class D felony;
• Criminal using a firearm in the first degree, a Class B violent felony;
• Criminal using a firearm in the fist degree, a Class B violent felony;

"(It) was a relatively brief deliberation considering the seriousness of the charges and the number of charges, and they (the jury) just basically didn't seem to have any problem with any of the evidence. They believed the witnesses and I think for them, it was straightforward," Friedman said.

Sponaugle faces a possible maximum prison term of 30 years (25 years max on the attempted murder charge with a required five years consecutive on one of the weapons charges). He will be sentenced on Dec. 15.

Whitehead testified that Sponaugle contacted him on July 22 attempting to sell him a gun. They haggled over the price and then Whitehead decided he might be able to sell it to Devon Wright, a Batavia resident.

The three men arranged to meet outside the Days Inn.

Schultz was a passenger in Sponaugle's car.  

Both Whitehead and Schultz gave similar accounts of the shooting, with Sponaugle and Wright arguing and then Sponaugle walking away from Whitehead and Wright before turning and shooting Whitehead.

Whitehead told the jury that Sponaugle said: "it's all your fault" (blaming him for the gun transaction not being completed) before he shot him.

Wright was originally a co-defendant in the trial but yesterday he agreed to a plea deal that satisfied all of the criminal charges against him from several arrests. He faces up to 10-years in prison but was released under supervision, giving him a chance to be present for the birth of his first child.

The case is the final trial for both Friedman and County Court Judge Charles Zambito, who are both retiring.

"Obviously this is a good way to end, with a serious case going well, and I'm certainly pleased with the result," Friedman said. "It's a good note to end on."

In his testimony, Whitehead told the jury that the bullet Sponagule fired into him from a .32 caliber handgun is still lodged in his spine and will be there for the rest of his life. 

He said he was neither happy nor sad to learn of Sponagule's conviction.

"I don't have no hate for him, I guess," Whitehead said. "I mean, I don't like him, but I guess there's no hate. I don't know why he did it or what brought him to do it, but just, I don't know, just neutral. I guess. I got no hate for him."

Even so, Whitehead suggested there is no appropriate sentence for Sponaugle given the fact Whitehead will live with pain for the rest of his life.

"It's hard to say how long he should get. I mean, he tried to take my life so it's, I don't even know, like, I got to deal with it for the rest of my life," Whitehead said. "So I'll always be in pain and he'll be behind bars but he won't know what pain feels like so and no time I guess is enough for that type of crime. I guess he shouldn't be allowed back out. My point of view is he shot somebody. I mean, it wasn't his family. It was. I don't know. It's hard to hard to be the judge, I guess."

A public hearing on the Batavia Town Board's recent passing of a resolution to opt out of New York's Marijuana Regulation & Taxation Act is scheduled for 7:10 this evening at the Batavia Town Hall, 3833 West Main St. Rd.

The board, at its Oct. 20 meeting, scheduled the public hearing with the aim of opting out of allowing cannabis retail dispensaries and on-site consumption sites until it receives more details from state officials in charge of the program.

According to the new law, if municipalities opt in, they will not be able to opt out at a later date, but if they choose to opt out before the Dec. 31 deadline, they would be able to opt in in the future.

Should the board pass a local law to opt out following tonight's public hearing, it could result in a permissive referendum organized by residents who disagree with its decision.

Previously: Town Board looking to opt out of marijuana dispensaries, consumption sites due to lack of information

Press release:

The snow has started to show up, that means, it is time to Put on the Ritz! Tickets are on sale now at www.gccfoundationinc.org/encore for the Genesee Community College Foundation's 2021 Encore celebration! This pop back to the roaring twenties will begin at 6 p.m. on Saturday, December 4, 2021, in the Richard C. Call Arena at GCC in Batavia.

With the help of presenting sponsor, Tompkins Financial Corporation, Encore co-chairs John and Cathy Witkowski have prepared a fun and festive throwback to the roaring twenties full of great food by the Mansard Inn and music by "Nik and the Nice Guys."

"The entire Encore committee is very grateful for the generosity of our sponsors this year," said Jennifer Wakefield director of Development and Alumni Affairs. "Their commitment to this event shows the value they place on student scholarships, and the future of our communities. This year in addition to great folks at Tompkins Financial, we are pleased to be working with Five Star Bank as the Speakeasy Lounge Sponsor, Oliver's Candies as the Cotton Club Confections Dessert Station Sponsor, CPL as the Charleston Dance Floor Sponsor, and ESL Federal Credit Union who is the Doll Face Photo Booth Sponsor."

Tickets include dinner, drinks, dancing and all the fun:

• 6 p.m. Cocktail hour with gourmet hors d'oeuvres, themed signature drinks and stylish jazz holiday music by "The DSP Jazz Trio"
• 7 p.m. Gourmet Buffet Stations
• 8 p.m. "Nik and the Nice Guys" take the night away with live music on the house dance floor.

GCC is also offering opportunities to sponsor the Encore event. These sponsorships are critically important to the scholarships GCC provides its students and are available at several levels this year: the High Roller Table - $1,500; the Rolls Royce Gild - $1,000; Studebaker Society - $600 and the Roadster Circle - $300. Each of these levels includes tickets (ten, six, four and two respectively) for the event. Of course, individual Platinum Patron Tickets are also available for $100 per person.

To help make a difference as a sponsor, please complete the online forms at www.gccfoundationinc.org/encore or contact the Foundation Office at (585) 345-6809, or foundation@genesee.edu today.

Press release:

The City of Batavia Water Department is investigating a water break on Thomas Ave just north of Main Street. The street will be closed to all traffic while the repairs are taking place

Residents on Thomas Ave should expect the possibility of the water being turned off. We will do our best to keep this to a minimum. Work should be completed by 3:00 PM.

There is a possibility of discolored water; laundry should be avoided if possible.

We thank the residents for their patience and understanding.

Press release:

Regarding the vacant position of Sixth Ward representative on City Council, City of Batavia Republican Committee Chairman Richard Richmond invites qualified individuals seeking to serve in this role to submit a letter of interest to him by November 30, 2021. 

Mail Letters of interest to:

City of Batavia Republican Committee
PO Box 260
Batavia, NY 14021

To be qualified for the position, the prospective representative must be a resident of the Sixth Ward and a member of the same political party as the representative who most recently served in the seat—in this case, a Republican.  These are requirements of Section 3-3 of the City Charter. (The recently resigned Council Member Rose Mary Christian was a registered Republican; therefore, her replacement must also be a registered Republican).

The City Republican Committee expects to recommend an individual to the City Council, which has the appointment power to fill the vacancy temporarily.  The Council appointment will run through the calendar year 2022.  At the general election in 2022, there will be a special election to fill the remaining year of the regular four-year term of office for the ward council member position.

Press release:

Come and experience the 20th annual Wonderland of Trees, sponsored in part by Tompkins Bank of Castile and WBTA! The opening gala will occur on Friday, November 19th from 6:00 to 8:30 pm at the Holland Land Office Museum. This year's theme to honor this milestone year is "Through the Years." Visit the museum to see all the wonderfully decorated trees and displays by local businesses and organizations. This year's opening gala will feature many great gift baskets to win and a Grand Basket. The night will also feature holiday music by the Genesee Symphony Orchestra and hors d'oeuvres provided by the D & R Depot. Tickets for this event are on sale at the museum. Tickets are $15 per person/ $10 for museum members and $5 for children under 12. For more details contact the museum or visit www.hollandlandoffice.com.  Masks are required.

The Wonderland of Trees will run through the end of December. The basket raffle winners will be drawn Friday, December 17th. Further holiday events will also be held throughout the season. If you would like to participate by decorating a tree or contributing a basket, or general sponsorship, please contact the museum or visit www.hollandlandoffice.com.