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

By Anne Marie Starowitz

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. 

Minimal information available from State Police on fatal accident in Pavilion

By Howard B. Owens

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.

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.

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.

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.

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.

Law and Order: Batavia woman accused of dealing cocaine

By Howard B. Owens
Emily Smith
(2019 booking photo)

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

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

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

 

WNY Gas & Steam Engine Grounds to host 2nd annual drive-thru light display

By Press Release

Press release:

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

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

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

Video: Veterans Day 2021 in Batavia

By Howard B. Owens
Video Sponsor
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A view of Veterans Day at the VA Hospital and the Upton Monument.

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

Planning director: New York's broadband survey is a key in the distribution of funds to expand internet access

By Mike Pettinella

Just 5 percent.

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

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

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

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

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

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

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

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

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

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

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

  • A site plan for a 5-megawatt ground mounted commercial solar system in an Industrial (I-1) district at 7054 West Main Rd. in the Town of Le Roy. The project, being developed by AES Clean Energy, based in Louisville, Colo., is on land owned by Route 5 Storage LLC, not far and on the other side of the road from the intersection of Keeney Road.
  • A site plan review for a 1,944-square foot (81 by 24) addition to the existing building owned by Gadd Properties (Alexander Equipment) at 3266 Buffalo St., Alexander;
  • A site plan review for the Burning Barrell BBQ restaurant to be operated by Nicholas Rada at 10 East Main St., Corfu;
  • A site plan review and area variance request for Harrington’s Farm Market to replace an existing greenhouse with a new 2,304-square foot (48 by 48) greenhouse on its property at 5282 Clinton St. Rd. in the Town of Stafford;
  • A sign permit request from Pierrepoint Visual Graphics, Inc., of Rochester, to place new signs for a proposed UR Medicine office building at the Gateway II Industrial Park at 7999 Call Parkway in the Town of Batavia.

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

For a whole generation, one war defined life at home and in Vietnam

By Anne Marie Starowitz

There are many moments in my life when I will see something that triggers a memory. It can be a memory of joy, sadness, or just comfort. You never know when it might happen, but it will transport you back to that time.

This particular day, I noticed the Black POW-MIA Flag flying in front of the new Court House.  I was brought back to 1970 in my college cafeteria listening to a student from the University of Buffalo.  She was standing on a table addressing the issues of a war that would affect all of us.  New vocabulary words were created, such as containment of Communism, draft lottery, and protests. For example, this is the definition of the draft lottery found online today. "A lottery drawing – the first since 1942 – was held on December 1, 1969, at Selective Service National Headquarters in Washington, D.C. This event determined the order of call for induction during the calendar year 1970 for registrants born between January 1, 1944, and December 31, 1950."  

Young men were anxiously positioned in front of the television set to see where their birth date would be drawn in the lottery. To this day, Baby Boomers can recall their number. Unfortunately, the flag also states, "You Are Not Forgotten," but when they returned home, they were.  There were no parades, no large gatherings at airports other than their families and close friends. 

Please understand that my father was a WW II Veteran, my uncle fought in the Korean War, and many of my students fought in Afghanistan.  I highlighted this war because it was my war. This article is dedicated to ALL of our courageous veterans.

"Our flag does not fly because the wind moves it… it flies with the last breath of each soldier who died protecting it." -- Unknown

Batavia family salutes WWII veteran on his birthday, which also happens to be Veterans Day

By Joanne Beck

Even though there are plenty of ceremonial activities for veterans to attend on Veterans Day, it’s sometimes necessary to bring the ceremony to the veteran.

And that’s exactly what the family members of Eugene DeFedericis decided to do this year. They not only planned a special day to honor his military service, but also for a little public recognition on his birthday, which happens to fall on Nov. 11 as well. 

His granddaughter-in-law, Stacey DeFedericis of Batavia, told The Batavian Wednesday of the surprise. 

“This is a salute to Veterans Day and to Eugene’s 97th birthday,” she said. “This is something special for him and his two great-grandsons. My boys are non-stop listening to his stories; they fell in love with him the moment they met him.”

Eugene, of Attica, is the grandfather of Jason DeFedericis, Stacey’s husband. He served in the United States Army during World War II and was stationed in Germany, France and Austria. A corporal C 5, the grand patriarch likes to share war stories and also serves as a role model for great-grandsons Abel, 6, and 4-year-old Haiden, Mrs. DeFedericis said. 

“He tries to instill being well-mannered and to present themselves to be the gentlemen they’re supposed to be,” she said. “He’s a strong guy, and very polite.”

The family has photos and articles of Eugene from his service days during 1944 to 1947. A framed collection of ribboned medals and one for sharp shooter is behind glass to protect the tokens of his service.

He has a flag up at his home and often wears a veterans WWII baseball cap, she said. Perhaps a given, he is “very, very patriotic,” she said, and used to travel around the county to various veterans ceremonies. He cannot walk as well as he used to, which prompted the family party at his home on Thursday. 

“It’s just a ceremony to say thanks, and for his birthday,” she said. “I’m just trying to do something special for him; it’s to show him he’s loved. I want him to know he’s still loved by us.”     

Photo: Veteran Eugene DeFedericis is flanked by great-grandsons Abel and Haiden, with grandson Jason and son Bob behind him. Photo submitted by Stacey DeFedericis. 

Mayor says village, town are "pretty close" to settling dispute over fire protection services in Oakfield

By Mike Pettinella

Oakfield lawmakers reportedly are nearing a revised agreement that would end a months-long standoff over the amount the town is required to pay the village for fire protection service offered by the Oakfield Volunteer Fire Department.

“It appears we’re pretty close to resolving this issue … which is great,” Oakfield Village Mayor David Boyle told The Batavian on Wednesday afternoon.

Boyle said he has spoken on the telephone with Town Supervisor Matt Martin and, if all goes well as they finalize the details, he expects them to issue a joint statement in the near future – possibly by the end of the week.

The mayor said both the town and village boards have met in recent days to talk about the terms of a new fire protection agreement. However, he said he wasn’t prepared to provide any specifics at this point.

He did say that mediation by the fire department’s attorney, as suggested by Oakfield FD Chief Sean Downing, was not necessary, although he did appreciate Downing’s efforts in finding a solution to the dispute.

The situation became public in late September when the village board threatened to stop fire protection for town residents, including the Oakfield-Alabama School District, on Nov. 30 if the town did not pay a $78,648 bill for services rendered during the 2020-21 fiscal year that ended on May 31.

At that time, Boyle indicated that the town also had not paid for the first three months of this fiscal year, and felt the town was “holding the village hostage” in an attempt to renegotiate the shared services pact.

Fire trucks and equipment are owned by the village, which directs the OVFD. The building on Albert Street is owned by the fire department.

The current payment structure to cover operational and equipment costs stipulates that the village pays 42 percent and the town pays 58 percent. Boyle has said that when breaking that down by assessed valuation, village residents were charged $1.62 per $1,000 while town residents were charged 60 cents per $1,000.

The town board disputed those figures, and put out a statement that it wished to work toward “a fair and equitable fire agreement.”

As of mid-October, the village’s position was that the town pays the entire amount due to the village and signs a contract for this fiscal year (or a multi-year agreement) and then the village board would be open to exploring any changes.

The town, meanwhile, communicated on its website that it was seeking a three-year service contract only that would not include capital expenses because the village owns all the fire equipment.

Both Boyle and Martin previously said that the matter was being turned over to the village and town attorneys, respectively, who likely offered advice that has – according to Boyle – put them on the threshold of a deal.

Previously: Fire chief's suggestion of mediation may be the answer to ending stalemate between town, village boards

VFW Post in Batavia hosting open house this afternoon

By Steve Ognibene

Today is Veterans Day -- and an appropriate time for members of the local Veterans of Foreign Wars chapter to invite Batavia-area residents to an "open house."  The public is welcome to come to the Veness-Strollo Post 1602 at 25 Edward St. from noon to 3 this afternoon to learn more about the organization, enjoy a bowl of soup or chili, and have a beverage. New members are welcome. For more information, call 585-344-3249.

From burgers to cheesecake, new Le Roy restaurant is a sweet addition

By Joanne Beck

Sweet Betty’s grand opening was a long time in coming.

In fact, about 14 months long. Blame it on Covid-19, that insidious virus that closed a few businesses and left others short-staffed due to employee scarcity. 

“We opened Aug. 3, 2020,” co-owner Gabby Keister said Wednesday at her Le Roy restaurant. “Because of Covid, we didn’t want to promote a crowd. We kept saying we’ll do it ‘next month,’ and we never did. We want people to know we’re open.”

That long-awaited grand opening finally happened today. The establishment actually was to open even earlier. Keister, whose nickname is Betty, and her husband Scott, bought the site at 15 Main St. in February 2020 and strategized a spring opening. It would be a sweets-themed shop of ice cream and candy. They were in the thick of Covid-19 at that point, so the couple kept working on the interior renovations while cleaning out most everything from the former diner. 

Not exactly strangers to the restaurant field, the Keisters owned and operated Le Roy Country Club for three and a half years about 25 years ago. Children and the demands of raising a family prompted them to close, she said. Now that the kids are older, the couple decided to give it another try.

Bright yellow walls and a black-and-white checkered floor provide a welcoming, cozy greeting. There is seating for 75 diners, and take-out and delivery are also available. The menu morphed into lunch, dinner, and desserts.

“We kept getting bigger and better ideas … and it just flourished,” she said. “Our objective is to have something for everyone.” 

For local patrons, it was apparently worth the wait. Regulars line up for burgers, pizza, chicken tenders, specialty desserts, and the Flying Betty sandwich, Keister said. The burgers are a trio blend of three different cuts of meat, which has made them a hit amongst customers, Mr. Keister said. He deals with a vendor that exclusively provides the meat combo to Sweet Betty’s in the Le Roy area.

Most of the meals are handmade from scratch, such as tenders of breaded chicken breast, a gooey salted caramel cheesecake individually sized, and seasonal desserts and cookies. The pumpkin flavor is the star of the show right now. 

One of the most popular dishes is the Flying Betty, a fried chicken breast topped with homemade coleslaw and pickles. That “came from a mistake,” Mrs. Keister said. Staff sampled it and thought it was good enough to put on the menu.

Wraps, fruit and vegetable salads, brownies, and 27 flavors of Perry’s ice cream round out the menu, plus the homemade chocolate and vanilla waffle cones. And several varieties of draft and canned beer, red and white wine, frozen wine slushies, and — especially cool with the teenagers — bubble tea. Just as it sounds, a bubble is placed in the bottom of a glass, tea is added, and the bubble travels up the straw and pops. 

Mrs. Keister feels good to know that parents are comfortable enough to drop off their kids for a burger at the place, she said. That’s an indication of what she wanted it to be: a “clean, safe, friendly atmosphere,” she said. 

“In that respect, we’ve been very successful; we get a lot of compliments,” she said.

In its short existence thus far, Sweet Betty's has already become a gathering place for the Le Roy community, said Steven Falitico, membership development director of Genesee County Chamber of Commerce.

Falitico sees the restaurant as a great addition to Main Street, Le Roy.

“Small town charm is strong in Genesee County, and it's our local businesses, like Sweet Betty's, that make our communities more enjoyable places to live,” he said. “A special thank you from The Chamber goes out to Gabby Keister, the owner of the establishment. She was born and raised in Le Roy and wanted to make an impact on her hometown. Her entrepreneurial spirit and drive are what made this restaurant possible.”

Hours are 11:30 a.m to 9 p.m. Wednesday through Saturday. For more information, call 585-502-6084.

Photos by Howard Owens.

Top photo: Today's ribbon cutting.

Gabby Keister, her husband Scott Keister, and their son Scott (on left).

Plenty of patriotism and well-deserved recognition at Batavia High School ceremony Wednesday

By Joanne Beck

Roger Martin typically gets up at 9 each morning, but not this time. He had a wake-up call he couldn’t miss. 

“I got up early this morning so I could be here,” the U.S. Navy veteran said Wednesday at Batavia High School. “I think it’s great they recognize the history of the country and the veterans that serve and protect.”

This was the fifth year of the high school’s effort to recognize local veterans with a special red, white and blue ceremony of all things patriotic, from the Pledge of Allegiance and raising of the U.S. flag to heartening music and words of appreciation.

Martin served in the Navy from 1945-1946. He was a petty officer third-class electronics technician. The 95-year-old Batavia resident took part in the school’s Veterans Day ceremony, one day early to provide veterans with some pomp and circumstance by a concert band, orchestra, and uninformed participants. 

A flag-raising ceremony, a musical tribute of the “Star-Spangled Banner” and words to honor military service people filled the air on the front lawn. High School Principal Paul Kesler thanked the many veterans in attendance for their service and dedication to this country. 

“Men and women like you have protected all of us,” he said. “And we appreciate you.”

Kesler then highlighted veterans who are also on the BHS staff, and gave them a “small token of our appreciation.”

Christopher Gorton is a high school special education teacher and United States Army veteran who served from 1984 to 1992. He earned Army Achievement and Good Conduct medals, and a German shooting award. New to district staff this year, Gorton carries a Commander in Chief’s “challenge coin” that he was given when his unit was honored with its second presidential unit citation from the First Battalion Sixth Infantry Delta Company.

The United States Air Force veteran John Marat is a high school substitute teacher. He served from 1998 to 2005 and met his wife Elizabeth during active duty. Mr. Marat was discharged in 2005, while his wife continued on with military life for 22 years, eventually relocating to the Western New York area.

Don Hawkins is a retired high school special education teacher who served in the U.S. Army from 1969 to1975. He worked at BHS for 30 years and was a specialist 5 during his military service.

Gregory Ciszak is a high school counselor who served for 12 years with the 152nd Engineer Company in the Army National Guard. A staff sergeant and horizontal construction engineer, Ciszak, and his unit were activated to assist with many state emergencies, including snowstorms, floods, and the 9/11 terrorist attack at the World Trade Center. 

Earth science teacher Christopher Weicher served in the U.S. Marine Corps from 1987 to 1991. His service included two combat deployments during Operation Just Cause in Panama and the Gulf War. He received two combat action ribbons, a Presidential Unit Citation and a Meritorious Unit Citation while serving with the Sixth Marine Regiment. 

Martin wished more people had attended, as he enjoyed the morning, he said. It’s important to honor veterans while they are still here, he said. 

“I’m proud to be an American,” he said. “There are not too many of us left.”     

Top Photo: Batavia resident Roger Martin, a U.S. Navy veteran, puts his hand to heart during a ceremony to honor military servicemen and women Wednesday at Batavia High School.

Photos by Howard Owens

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