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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District Attorney Lawrence Friedman had previously withdrawn an exhibit a statement by Wright that incriminated Sponaugle, agreeing with Sponaugle's attorney, Joseph Lobosco, that the statement was inadmissible from a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.

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.

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.

Emily Smith
(2019 booking photo)

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

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

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

 

Press release:

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

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

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

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

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

Just 5 percent.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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. 

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

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.

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).

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

Vaccine mandates are one thing; testing requirements are another.

Concerning the latter, Genesee County Manager Matt Landers is advising Genesee County legislators to be prepared to make a decision on how to govern the COVID-19 testing mandate that he believes is coming to municipal employees.

“With recently, the stop-start, stop-start 100-employee mandate out there for testing purposes, I have been meaning to reach out and give an update,” Landers said during today’s legislature meeting at the Old County Courthouse.

Landers said he is operating “under the impression” that there will be a testing requirement for all unvaccinated county employees only, with the big question being who will pay for the testing – the county or the individual employees?

“We are developing procedures to gather that data in a more formal manner. We already have a good handle on that number because our own policy internally has been if you wanted to have your mask off, you had to show proof of vaccination.”

He said more “rigorous steps” are on their way, including the need to have vaccination data available for inspection.

“We’re going through that process right now with HR (Human Resources) and implementing a recommendation in the internal side. This is going to be coming before the legislature for consideration on a policy on how we want to handle this because there's a lot of questions out there,” Landers said.

The county manager said some counties are covering testing and some aren’t. He said he will ask the HR manager’s office and public health department to draft some “solid recommendations” on the implementation before getting back to the legislature.

“I can see the arguments going both ways of us providing the testing, and also us not – and there’s good arguments on both sides,” he said in his comments to lawmakers. “So, be ready for that discussion coming up in a few days.”

In other developments, the legislature passed the following resolutions:

• Scheduling of a public hearing for 5:30 p.m. Nov. 22 at the Old County Courthouse for citizen input on legislators’ desire to replace the county’s hotel and motel occupancy tax law to include short-term residential lodging sites. The measure had been recommended for approval last week by the legislature’s Ways & Means Committee.

The principal changes reduce the current number of units being rented at a location from six to one and set the number of days at 14 or more over the course of a year.  These revisions would align properties under the auspices of booking companies such as Airbnb and VRBO with hotels and motels and make them subject to the 3 percent occupancy or bed tax.

The new law takes effect on Jan. 1, 2022 and runs through Dec. 31, 2024.

• An agreement with the City of Batavia to apply for a grant through the Water Infrastructure Investment Act for necessary renovations and repairs at the city’s Water Treatment Plant. The Batavia City Council passed its resolution on Monday night. The WIIA Act grant provides up to 40 percent of capital project costs. The WTP projects are estimated to cost around $3.4 million.

• Appointment of Chad Brade of Oakfield to fill an unexpired term as county coroner until Dec. 31, 2022, and Chandy Kemp to the board of directors of the Genesee County Economic Development Center.

• Acceptance of a $176,662.14 grant from the New York State Department of Health for the Genesee County Health Department to promote and increase COVID-19 and other vaccine initiatives, and funding for COVID-19 vaccination clinic operation costs.

Not even a year into a new program at Le Roy High School that is focused on student success, Jen Bertrand reported to the Board of Trustees on Tuesday night that several students are already showing great improvement both socially and academically.

Bertrand, the Grade 9-12 Intervention Specialist for the district, is working with 52 students in the Student Success Center. Six are seniors, 10 juniors, 22 sophomores, and 14 freshmen.

Successes look like this:

• A student who felt he had no friends and set a goal this year to make at least one friend.  He's joined a club on-campus of kids with a similar gaming interest and is making friends.
• There is another student who felt inhibited but has now part of a school music program.
• There is a student who is motivated to improve his grades because Bertrand arranged for him to meet a favorite rock star via Zoom if he produces a favorable report card.
• And there is the student who at the beginning of the year was too embarrassed to ask for help, too embarrassed to participate in peer tutoring.  Now he's a campus advocate for peer tutoring.

All of the students in the program deal with anxiety or depression and several have been through traumatic experiences.

Bertrand said the success center essentially provides a "life coach" to troubled students, offering support on getting assignments done, helping with developing good work habits, organization, time management, painting social and mental health, ensuring these skills are transferable to other classes and situations.

"We try to capture those magic moments really showing the students they're not alone," Bertrand said.

Bertrand shared, without revealing names, the feedback she's received from her fellow teachers for the board to read.  For example:

• "The work that Jen has been doing with our students in her program is genuinely monumental. I have seen a significant correlation between the students she is working with and an increased amount of work completion, communication, improved classroom behavior, and overall work ethic. For example, one student, in particular, has been working incredibly hard. He is focused in class, participates in discussions, and thoroughly completes his work. While he still has some off days, I am confident that the work he is doing with Jen has made a huge impact."
• “I have noticed many positive changes in the behaviors and attitudes of the students enrolled in the 9-12 Learning Center with Mrs. Bertrand. Most notably, the students interact with me more, ask questions and advocate for themselves. In general, their attitude toward school is much more positive, like they are beginning to believe in themselves. Mrs. Bertrand was made for this position and she works really hard to support our students academically, but with social-emotional health issues.”
• “As a teacher who has some repeat customers, I have seen a significant academic improvement in the students that I had last year that are now in the learning center. Not only has assignment completion improved, but the quality of work has improved as well. When a student puts on an assignment that one of the things they are grateful for is Mrs. B, you can tell they see, and are proud of, the improvement too.”

She also shared anonymous quotes from students:

Before taking on this new role at the school, Bertrand was the tech coach at the high school.  At a board meeting in June, she heard High School Principal Tim McArdle discuss his desire to create an intervention program.  The idea resonated with her.

"I thought, 'I want to do that,' she said. "There was just a light in me to do help these students."