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Hannah Dibble can live at home during outpatient treatment, Noonan rules, but no church on Sundays

By Howard B. Owens

From The Batavian's news partner, WBTA:

A young Pembroke woman, charged with manslaughter stemming from a fatal February accident in Bethany, will only be allowed to leave the home of her parents to attend outpatient rehab treatment.

Hannah Dibble, 22, appeared in Genesee County Court today asking permission to attend outpatient treatment and to attend church on Sunday morning.

Judge Robert Noonan allowed the outpatient treatment but denied permission for Dibble to attend church.

An evidence suppression hearing has been scheduled for Oct. 20th for lawyers to argue the admissibility of statements made by Dibble and others following the accident.

Dibble was driving the car in which 18-year-old Alyson Krzanak was killed and three others were seriously injured.

Dibble is accused of driving the car while intoxicated.

Group wants to restore and donate 'Rocket Car,' a piece of Batavia history, to the city

By Howard B. Owens

Backup cameras on cars, they're practically standard features on new cars and soon they'll be required. You might say, they were invented right here in Batavia, but long before cars even had air bags.

Oh, those were first dreamed up, in a fashion, by a Batavia inventor, too.

Charles D. Thomas, born in Batavia in 1910, grew up to be a car designer and his dream car was Thomas Rocket Car. Designed to be sleek and powerful, Thomas also dreamed of a car that was affordable and safe at a time when safety wasn't a high priority in Detroit. 

So he invented the "Ventriscope": a periscope-type of device that gave drivers of the world to their rear. He also came up with the idea of extra padding in the passenger compartment to protect occupants in a crash. Your car has four-wheel independent suspension. That didn't exist in 1938 when Thomas built his Rocket Car, which did have four-wheel independent suspension. 

When Thomas showed off his car in Detroit, experts agreed it was at least a decade ahead of its time.

You might say Charles Thomas was the Preston Tucker of Batavia, but it was also Tucker's failure to bring his own car to market as a mass-produced automobile that also doomed the Rocket Car. When Tucker failed, investors were scared off of such a unique and inventive conception of motoring. 

There was only one Thomas Rocket Car ever made. It was built in an auto shop about where Dunn Tire is now. A group of antique car buffs think it's time for this unique piece of Batavia history be returned to its rightful home, but it will take the cooperation of the City Council to make it happen.

Local businessman Dave Howe, owner of Charles Men's Shop and the Masonic Temple building, and an antique car collector, represented the group of would-be Rocket car restorers at Monday's council meeting and said the group has a simple request: That the city agree to accept the car, once it's fully restored, as a gift and agree to keep it and display it for the public.

Howe said he and the group believe the car will be a tourist attraction since its well known to auto history enthusiasts and car collectors and will give Batavia a unique perspective on the city's history.

The council will consider the request at its next business meeting.

Accepting the car as a gift will cost the city nothing, Howe said, and outside of keeping it clean and acquiring antique car insurance, which Howe described as inexpensive, the ongoing expense for the city will be minimal.

The group interested in restoring the car is really only interested in purchasing it (the car and all its parts have been located, but not yet acquired) if the city is willing to accept the gift.

Photos: Barry Miller's funeral

By Howard B. Owens

Here is a complete set of pictures from today's funeral services for Barry Miller, the Bergen resident, small business owner, county coroner and volunteer EMT, who died last Wednesday when the ambulance he was riding in while responding to an emergency call ran into a piece of highway equipment.

Among the speakers was his friend, Town of Bergen Supervisor Don Cunningham, who noted the support and recognition the community showed by decorating the village with purple and black ribbons in Miller's honor. Cunningham said:

Barry wouldn't recognize those ribbons as for him. Barry would want those ribbons and that outpouring of kindness and the formal plans of today to be recognition for every man and woman in his department, for every uniformed individual here today, and for everyone who responds to help another. We can quickly forget that it could be any one of these first responders lynig before us here today. Barry wouldn't want us to forget that.

Batavia PD warns about fraudulent apartment rental ads

By Howard B. Owens

Press release:

The Batavia Police Department has received multiple complaints of fraudulent posts on social media (Craigslist, Facebook, and other similar Web sites) claiming to be John Gerace, a realtor of RealityUSA with property “for rent.” The postings are requesting a $700 deposit in exchange for keys to the residence. The only contact information on the postings is for sgtmonica000@gmail.com.

The Batavia Police Department with the assistance of John Gerace, would like to remind the community not to give money up front for a rental apartment without first walking through the apartment and signing a lease agreement. If you feel have been part of this scam, please contact the Batavia Police Department at (585) 345-6350 to report the incident.

Council directs staff to research funding police station on Swan Street

By Howard B. Owens

There was very little disagreement among council members Monday night when it came to a decision on what to do in regards to a future new police headquarters, but it took a lot of chatter to reach that conclusion.

After about 15 minutes of council members saying much the same thing many times over, the Batavia City Council, without a vote, but by consensus, agreed that the city should move forward with a task force recommendation to select Swan Street as the location for the proposed station.

The big question is how to pay for it, and council agreed to ask city staff to prepare a report on funding options and anticipated costs.

"We have a recommendation," said Councilwoman Kathy Briggs to open to the discussion. "The volunteers on the task force did all this work and so, what are we going to do about it? Are we going to act on this? I think it's time to step up to the plate. The task force gave us all the information, all the facts and figures, so I say, let's move forward with the recommendation and direct the administration to see what kind of grants are out there."

Councilwoman Rosemary Christian said she's received a few calls on the topic from residents worried about how the city is going to pay for it, so she wants to know how the city is going to pay for it. Are taxes going to be raised?

Councilman Kris Doeringer followed: "I move we come to a consensus to follow the recommendation with Swan Street and then direct the administration to come up with a report on how we're going to pay for it ... I think we all pretty much agree to follow the task force's recommendation, so, OK, yes, let's get that on the record and then move ahead and see how we're going to pay for it."

Briggs agreed with Doeringer.

Councilman Pierluigi Cipollone pointed out that options for paying for the station were pretty much spelled out in the task force's report.

"A lot of work has been done already on how we're going to pay for it," Cipollone said. "I think if you follow the report, the plan is we're going to pay down a lot of current debt and cycle that into paying for debt for the new facility. If we can get grants, so much the better, but quite a bit of work has gone into looking at this, and agree or disagree, here's how we're going to pay for it."

Christian: "I agree on the site. I do realize and appreciate that a lot of work went into this, but I'm still up in the air on how we're going to afford this."

Councilman Eugene Jankowski wondered if, given the amount of money involved, "if nine people should decide this." He wondered if the expenditure, especially if loans are involved, shouldn't go to a vote.

There was no answer to that question.

Councilman John Canale said he's heard from constituents who say other municipalities have built new police stations for a lot less than the estimates to build one in Batavia. He suggested those cities be researched and perhaps council members should visit those police stations and see if something similar would be suitable for Batavia.

"There may be some leg work that needs to be done here," Canale said.

Authorities ask the public to report suspicious activity after series of burglaries in Darien

By Howard B. Owens

A series of daylight residential burglaries has swept through the Town of Darien, reports the Sheriff's Office, and officials are asking for citizen help in thwarting the criminals.

In a statement from Chief Deputy Jerome Brewster, the office is asking that residents who see vehicles driving slowly through neighborhoods, stopped along the side of the road, or unfamiliar people walking down driveways or emerging from fields or wooded areas, be reported immediately.

Suspicious activity can be reported by calling 9-1-1 or (585) 343-5000.

Vehicle descriptions and license plate numbers are helpful if they can be obtained without risk.

There were three burglaries on Route 77, Darien, on Thursday and another was reported on Route 20 yesterday.  

Brewster said these crimes mirror similar reports in Erie and Wyoming counties, where jewelry and weapons have been stolen.

Centennial Committee plans sundial as legacy gift to city

By Howard B. Owens

The Batavia Centennial Committee and its Legacy Sponsors are ready to present a gift to the city that LeAnna DiRisio, director of Vibrant Batavia, says will stand the test of time -- a sundial.

The sculpture, designed by local architect Ed Smart, would sit in the plaza in front of City Hall. The $15,000 to $20,000 expense is being paid for by the contributions several local businesses made to the Centennial Celebration as "Legacy Sponsors."

There's no expense to the city, but the City Council must approve placement of the sculpture on city property. The council will vote on the proposal at its next business meeting.

Made of steel and teak, with stainless steel lettering, DiRisio said the sculpture will be virtually maintenance free.

"The materials are solid," DiRisio told the council Monday night. "It will last a long time."

The committee hopes to start installation by the end of October and finish the project in early November so it's in place as the city wraps up its year-long celebration of the 100th anniversary of the city's incorporation.

Our community lost a lot when we lost Barry Miller

By Howard B. Owens
 
The Bergen Fire patch with Barry Miller's Line of Duty Death black band that has been common on Facebook the past few days.

Miller's funeral service is at 11 a.m. at Pearce Memorial Church, 4322 North Buffalo Road, North Chili.

Click here for his full obituary.

The death of Barry Miller has affected many people in Genesee County, not just his fellow volunteers in the fire services or in the close-knit community of Bergen.

In stores, during public events, at coffee shops and restaurants, on social media, it's what people have been talking about.

Shock, grief and an understanding that our community has lost somebody who made a daily, positive contribution are the thoughts and emotions people are dealing with.

Barry Miller touched a lot of people throughout the county.

"Over the past 10 years, knowing Barry has been one of my more cherished relationships I've been able to develop," said Batavia City Manager Jason Molino.  

Molino first got to know Miller through Leadership Genesee and their paths cross professionally many times over the years, including during meetings and discussions about the city's ambulance service in 2009.

Molino remembers Miller was just a very caring and dedicated person with real sense of esprit de corps.

"He was very gung-ho and very supportive of the community as a whole," Molino said. "Some people have a gift for giving and I think Barry was one of those people. It was something he really valued and something he took a lot of pride in and I think it showed in the outpouring for him and for the Bergen Fire Department."

If gusto for life is measured by how much you do with it, Miller's cup was never half empty. He owned a successful cabinet-making business and a vacation lodge in the Adirondacks, served on town council, was deeply involved in the Bergen ambulance service, was a county coroner and organized or participated in numerous county events. Through all this, hundreds of people in Genesee County came to know Miller as a kind, fun and caring man.

"He lived life the way you should try to live it," said Rusty Breton, a local contractor and another fellow graduate of Leadership Genesee. "He was like a little headlight on a good way to get through life."

Miller was a mentor to many -- all of the people he helped get through EMT training in Bergen and to more than one new county coroner, including Karen Lang.

"If you came into this and didn't already love the coroner thing, he would make you love it the way he loved it," Lang said.

Lang said Miller was fascinated by the details of the job. Lang and others we've spoken to about Miller's coroner's work said he was fastidious about the details, never wanting to overlook anything that might be relevant to a case, and he was fascinated by the nuances and variances of each case he handled.

"We talked to each other all the time about our cases," Lang said. "I'd text him or he would text me, 'I've never seen anything like this before.' We knew each other would appreciate it."

Lang and Miller went to coroner conferences together, eager to learn and share knowledge.

"He always told me if I got stuck on something, I could call or text him anytime," Lang said. "It could be 10 a.m. or it could be 3 a.m. and he would always answer right away."

Social media has been packed with tributes to Miller, with hundreds, perhaps thousands, of people changing their avatar to a copy of Bergen fire's arm patch with a black band and white letters reading "L.O.D.D. 9/23/2015" (Line of Duty Death). 

Retired deputy Dan VanValkenburg posted such a tribute in part because he's one of the people Miller inspired to become a volunteer EMT. For VanValkenburg, Miller is the second closest associate he's lost in a LODD. He wrote on Facebook: 

On one of the worst days of my professional career, I was sent to the home of Deputy (Frank) Bordonaro to meet his wife after his tragic death on July 8, 2014. Although that didn't transpire, I only received comfort from the county coroner who arrived on scene for the pronouncement of his death. Barry walked me through it after I sobbed at the loss of my friend. I now mourn him after his tragic death. He helped me obtain my EMT certification earlier this year and I hope to make him proud. I will miss you and god speed to your heavenly journey.

Deputy Chris Parker worked with Miller both on cases involving real loss for friends and family and the imaginary loss of DWI drills at area high schools. Miller, Parker said, was always a ready volunteer to play the part of coroner at a fatal DWI crash at any high school in the county, and whether on a drill or in the event of an actual death, Miller was professional, compassionate and cared about the details.

"He was meticulous," Parker said. "He was good at being able to sit down with the family and get to know that person to make sure he did his job correctly and that he honored the person and was true to that person. It seemed that way for every call he went on."

Miller was a man of many talents. Anybody who has seen the podiums and desks and media centers that came out of Miller Millworks knows how he had finely honed his craft. Those who served with him politically and in community service say he was adept at dealing with any situation he might confront. He also ran a heck of an inn, according to those who have stayed at the Beaver River Lodge.

"I don't think there wasn't anything he couldn't do," Lang said. "All of these people who think he was so amazing don't even realize a quarter of the stuff he could actually do."

Breton stayed at the lodge several times, usually in winter during snowmobiling trips. The lodge is an old resort well off the beaten path, the way Breton described it. In the winter, it was a seven-mile snowmobile trip to get to it, but on weekends that Miller was going to have guests staying there, he would leave work on Thursday, haul propane and beer and food those seven miles and de-winterize the place and get it ready for guests.

The lodge could accommodate 30 guests, though there were seldom that many for winter stays, Breton said, but it was usually booked full on summer weekends.

Annually, Miller donated a stay at the lodge to the auction of Bidding on a Brighter Future Gala sponsored by the Kiwanis Club of Batavia, which helped raise money for the Child Advocacy Center. It was always a popular auction item.

"It was an awesome place and it was awesome because of Barry," Breton said.  "He made it awesome. I don't know that anybody could do it the way Barry did it. Most people aren't wired like that. He made you feel like you were staying in your own place."

Though as contractor and cabinetmaker, Breton and Miller frequently did business together, Breton said he's most going to miss Miller as a friend.

"As I've gotten older, I understand better how important it is to surround yourself with quality people," Breton said. "You could bounce ideas off of Barry. Whatever your struggle was, business, family, life, whatever your struggle, you could bounce it off him and he would just have some wisdom for you."

Lang felt much the same way. There was hardly a day since she became a coroner that she and Miller didn't at least text each other, always about what cases they were working on or new things they were learning.

And Barry always answered immediately.

Until last Wednesday morning.

At 7:40 that morning, Lang learned a Bergen ambulance had been involved in an accident. She knew Miller might be on that accident, so she sent him a message.

No response.

"Please text me and tell me and tell me you're OK."

No response.

"I knew it was him," she said. "I knew he was gone."

GCEDC board to consider two projects at meeting Thursday

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider applications for two projects at its board meeting on Thursday, Oct. 1.

The Genesee County Chamber of Commerce plans to purchase and renovate an existing building at 8276 Park Road in Batavia for use of its offices, as well as the County’s tourism office. The total capital investment is $930,000. The project will retain six jobs and create one part-time position. 

Reinhart Enterprises, Inc., plans to add 16,000 square feet of additional warehousing space to its current location at 36 Swan St. for its growing distribution center. The capital investment is approximately $600,000 and the project is expected to create six new jobs. 

The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Innovation Zone Conference Room at MedTech Centre -- 99 MedTech Drive, Batavia, on the first floor, across from Genesee Community College.

Richmond Memorial Library reopens after undergoing two weeks of upgrades

By Howard B. Owens

It's amazing what a bit of new carpet can do to freshen up a room, especially when what you're replacing is 20 years old and been trod upon by hundreds of thousands of feet, but the interior of the Richmond Memorial Library has a whole new feel to it after being close for two weeks for some renovations, including new carpet. 

Workers covered 26,000 square feet of floor space in that span of time.

“This is part of the massive capital improvement campaign that was approved by Batavia City School District voters in 2013,” said Library Director Bob Conrad (pictured). “When I started here in July 2014, the roof was already being replaced. Two ADA-compliant parking spaces and a new driveway were added this summer. We appreciate the public’s patience as those improvements were made.

There’s a lot more to come, like energy-efficient windows and a drive-up book return, but the library will be open through the remainder of the renovation. Just for the carpet, we had to close, because we had to move pretty much everything in sight.”

Moving everything in the library was not a simple undertaking.

“School district crews had to move all of the shelves and desks and furniture to one side of the library so the old carpet could be stripped," he said. "Then as soon as the new carpet was down, they had to put everything back. And then, back and forth again, to do the other side. This was going on upstairs and downstairs simultaneously.

"But before school crews could move anything, library staff and volunteers had to move all of the music and movies and most of the books. We had them in piles and in rows in all of the uncarpeted rooms. It was hectic at times but I’m pretty sure we got everything back in order."

Next on the agenda for the library is expanding media and youth services.

“We’ve budgeted to get some additional shelving to expand the Media collection," Conrad said. "It’s a full 30 percent of our materials circulation, but it does not command a 30-percent share of our floor space. You have to take a merchandising approach to what the community is using and let popular collections grow.

"And we’re looking at ways to bring console video games into the library, in a limited way at first. The people who ask us for video games are not who you probably imagine, kids and teens and such. They are adults in their 40s and 50s. We seem to be overdue for their inclusion.”

Conrad reminded parents that the library is still a great place for after-school study help. Children under 10 must be accompied by a parent or supervising adult.

“We have a certified teacher in the library every day after school – she’s there for crowd control as much as for homework help, that’s just how busy we are," Conrad said. "And we have an expanded Youth Services team in place, led by our new Youth Services Librarian, Andrea Fetterly. Andrea was our Teen Librarian until very recently.

"When we had two Children’s librarians resign in rapid succession, I asked Andrea, who has a degree in Child and Adolescent Development and years of supervisory experience, to schedule herself in the Children’s Room and supervise the team of Library Associates I assembled to get us through the Summer Reading Program. That left the Teen Corner unstaffed for some of the summer, but Children's Services are the higher priority.

"Now, it’s counter-intuitive, but putting Andrea in charge of both areas actually allowed us to bring on more hands to cover both service points, at no extra cost. We were able to double the number of Library Associates on staff by provisionally appointing Katie Elia to a full-time position at our board meeting last week. She’s been with us for nine years on a part-time basis, and has her background in Psychology and Social Services to families and children.

"She joins Kelly March, who’s been with us nearly as long and is formerly the director of the Corfu Free Llibrary. Finally, we retain two part-time recruits, one of whom is a library graduate school student at the University of Buffalo – a future Children’s Librarian in the making. The goal is to expand on Teen and Children's programming, and to keep that Teen Corner more consistently staffed after school and in the summer.”

After-school programs will include craft projects, supervised computer gaming, Lego Club, Coder Club, Chess Club, and pick-up matches of collectible trading card games like Yugioh and Magic: The Gathering.

“But nothing’s on the calendar yet!” Conrad said. “We went right from Summer Read to being closed for renovations, and the staff appointments weren’t finalized until last week. Believe me though, there will be plenty of opportunities for kids to spill glitter on the new carpet -- we're here every day.”

'Rocket Car' on City Council agneda

By Howard B. Owens

From our news partner, WBTA:

Feral cats, a new police station, a gift of a sundial, and the restoration of a "rocket car" are all on the agenda for tonight’s meeting of City Council. A local automobile collectors' group is seeking to restore what is being called a “Rocket Car” developed and built in Batavia almost 80 years ago.

In 1938, Charles Thomas, of Batavia, built an egg-shaped vehicle that many car enthusiasts consider to be very advanced for its time.

David Howe is among the group looking to restore the car.

He says, "The car ended up touring around the country to dealerships as 'the car of the future' and attracted big crowds wherever it went around the country."

During the national tours, Ford liked the car, but since it was so radically different, the company did not think they could retool and make the vehicle.

The group restoring the car knows what needs to be done and plans to put it back together exactly as it was built. Upon completion, the group seeks to present the car to the City of Batavia as a gift.

Tonight, Howe plans to ask City Council for permission to present the car as a gift to the City for public display, highlighting not only its local historic value, but the national history within it as well.

"They're interested in bringing the history back and giving it back to the City of Batavia. I think it could be a real source of civic pride and a good sense of history for our city," says Howe.

City Council meets tonight at 7 at the Batavia City Centre.

Law and Order: Elma woman accused of stealing from cars at Darien Lake

By Howard B. Owens

Tammy Kay Zasowski, 47, of Clinton Street, Elma, is charged with attempted petit larceny and criminal possession of stolen property, 5th. Zasowski was allegedly found inside a vehicle Sunday she did not have permission to be in by Darien Lake Theme Park security. Upon further investigation, she is a suspect in larcenies from cars in the Darien Lake parking lot on July 26. She was jailed on $1,000 bail.

Jeremy Jamal Barnett, 24, of Brooks Avenue, Rochester, is charged with possession of burglary tools, grand larceny, 4th, conspiracy, 5th and harassment, 2nd. Barnett is accused of stealing merchandise from Marshall's and concealing the store alarm tags with covers. He allegedly struggled with store staff after leaving the story. He was jailed on $10,000 cash bail or $20,000 bond.

Robert Emery Moore III, 29, of Ridge Road, Elba, is charged with unlawful possession of marijuana. Moore's vehicle was stopped at 8:35 a.m. Sunday on East Main Street Road, Batavia, by Deputy Chris Parker, for allegedly not having a front license plate. He was allegedly found in possession of a small bag of marijuana and a pipe.

Deborah Kristen Dibble, 46, of Shady Lane, Batavia, is charged with falsely reporting a crime, 3rd. Dibble is accused of falsely reporting a crime related to a domestic dispute Sept. 14 while knowing the allegation was false.

Girl Scouts donate cat trees to animal shelter

By Howard B. Owens

Photo and information submitted by Jan Seaver.

Members of Girl Scout Troop 42110, from Corfu-Pembroke, presented the Genesee County Animal Shelter with two kitty climbing trees on Sunday. The girls made the trees for their kitten interactive room, along with some cat toys and blankets. The girls are Cadettes and are earning their Silver Award. The wood was donated by Potter Lumber.

Owners of Red Osier announce plans to retire, place restaurant up for sale

By Howard B. Owens

Press release:

After 36 successful years in business, Bob and Noreen Moore, owners of the Red Osier Landmark Restaurant in Stafford, N.Y., will retire and are seeking a buyer for the restaurant. The Moores are looking to sell their business to an experienced restaurant operator who will uphold their hard-earned reputation and continue employment for their qualified and dedicated staff. During the transition, The Red Osier Landmark Restaurant will remain open and will continue the wonderful quality service the restaurant is known for. 

The Moores purchased the Red Osier Landmark Restaurant in 1979 in an effort to refocus their priorities and start a family business. Their sons, Robert and Michael, were 13 and 3 years-old, respectively.

“We moved from a four-bedroom home with an in-ground pool in Greece to a two-room apartment over the restaurant in the country,” Bob Moore said.  “We opened the Red Osier Landmark Restaurant and served 18 dinners the first Sunday we were in business. Today, we see 1,500 dinners through the kitchen doors each week, Tuesday through Sunday and one ton of beef each week.”

The Red Osier Landmark Restaurant quickly became famous for prime rib dinners, hand-carved tableside, and served to any temperature of the customer’s choice. The restaurant is also known for its Caesar salad, lobster/crab bisque, and banana foster flambé, each presented and prepared tableside. Today, it is the only restaurant in the Greater Rochester Area to offer this dining experience.

The Moore brothers became engrained in the family business early on, with Michael bussing tables by age 10 and serving as general manager as an adult. The eldest, Robert, also immersed himself in the business and successfully owns and operates Red Osier kiosks and concession stands as well as Red Osier Ridge Road Catering.

Red Osier kiosks and concession stands including The Greater Rochester International Airport, Total Sports Experience, Frontier Field and Red Osier Ridge Road Catering are not for sale and will continue their operations. 

For years the Red Osier Landmark Restaurant has hosted a popular annual “Christmas in November” promotion, selling gift certificates as “buy $50 and get $20.” In light of the transition, the Moores will temporarily suspend the promotion this year as well as the sale of all gift certificates.

The Moores' retirement and the sale of the business is bittersweet for a family who has spent nearly four decades serving the Greater Rochester area, but according to Bob Moore, it is time.

“We are incredibly grateful to our employees, many of whom we consider our extended family, our loyal customers and the community for their support, friendship and patronage over the years,” he said. “But after 36 years in business and 52 years of a happy marriage, it is time for Noreen and me to enjoy our retirement with our family.”

The Moores look forward to another busy fall season ahead. With the exception of gift certificate sales, the Moores' intend to continue with business as usual until an experienced restaurant operator expresses interest in buying the business.

The price of the business is not being made public. Those interested in pursuing details about the sale of the restaurant, please contact Mike Kelly at Transworld Business Advisors, 716-201-0552.

Photos: Blood Red Moon

By Howard B. Owens

Shot at 10:48 p.m., ISO 12,500, 1/160 f2.8

The shots below taken at various settings over the course of the eclipse's progression. Shooting at 200mm and then cropping tightly in Lightroom.

Notre Dame comes out on top on homecoming night

By Howard B. Owens

The Notre Dame Fighting Irish played their homecoming game under the lights Saturday night, defeating the Pembroke Dragons 34-7.

The Irish are now 4-0 on the season and alone atop the Genesee Region standings, with Attica losing this weekend to University Prep. 

Notre Dame and Attica square off Oct. 9 at 7 p.m. in Attica.

Against the Dragons, Notre Dame amassed 383 total offensive yards, with 360 coming on the ground. 

Jack Sutherland had 26 carries for 252 yards and three touchdowns. Peter Daversa added another 74 yards and a TD on 10 carries. Etan Ozborne had a rushing touchdown and 33 yards on five rushes.

Connor Logsdon was 3-6 passing for 23 yards, no TDs and no interceptions.

For Pembroke, Reid Miano was 6-12 passing for 105 yards and a TD. Jake Jasinski had 18 rushes for 21 yards. Zack Swank had four receptions for 93 yards. Zach von Kramer had Pembroke's lone TD reception.

On defense, C.J. Suozzi had six and a half tackles, Jake Weatherwax and Etan Ozborne had four apiece. Ozborne also had a sack. For Pembroke, Brian Seweryniak had seven, Dylan Miserantino six and a half, Brandon Kowalski, six, von Kramer, five and a half, and Jack Thomas, five.

At halftime, Notre Dame honored Bill Sutherland, a former head coach who won 111 games, eight GR titles and four Section V titles in 23 seasons. He's been with the school for 41 years. He's a member of the Notre Dame High School Athletic Hall of Fame and the Section V Football Hall of Fame. Standing alongside Sutherland is his nephew, running back Jack Sutherland. Presenting the award is current Head Coach Rick Mancuso along with Athletic Director Mike Rapone.

To purchase prints, click here.

'Not my baby girl': An investigation into a paratrooper's death leads to changes

By Howard B. Owens

Photo by Howard Owens
Story by Amanda Dolasinski, 
The Fayetteville Observer
Story republished with permission

Less than four seconds after Sgt. Shaina Schmigel jumped from a C-17 as part of a nighttime airborne operation, she was being dragged behind the aircraft. She became entangled in the next jumper's suspension lines and died of severe neck injuries.

Schmigel, 21, was killed after she jumped with a T-11 parachute at Holland Drop Zone on May 30, 2014. An investigation into her death found the most glaring error was the jump master's failure to inspect the static lines of her parachute.

Schmigel was an intelligence analyst with the 37th Engineer Battalion, 2nd Brigade Combat Team. She joined the Army in 2010 and had been assigned to 2nd Brigade since June 2011.

Paratroopers administered first aid when they found her on the ground, but she was declared dead at the drop zone.

Changes in airborne operations were formed from recommendations made by investigators after Schmigel's death, said Master Sgt. Patrick Malone, a spokesman for the 82nd Airborne Division.

"This accident was thoroughly investigated, and the entire airborne community has implemented measures that will mitigate the probability of similar accidents happening in the future," he said. "Airborne operations are inherently high-risk, and we are committed to ensuring they are executed as safely and effectively as possible."

News of Schmigel's death has been hard to process for her mother, Karie. The two were close, and Karie had just left Fort Bragg after spending Mother's Day weekend with her daughter.

The day following Schmigel's fatal jump, Karie said she knew something wasn't right.

"I was trying to call her that day," Karie said from her home in New York. "I went to call Shaina. Voicemail, voicemail, voicemail."

Karie stepped outside her home to continue calling. That's when she said the men in uniforms pulled up.

"I'll never forget that," Karie said, sobbing. "I'm like, 'No, not my baby girl.' I knew right away."

Maj. Gen. John Nicholson, then-commanding general of the 82nd Airborne Division, ordered an investigation into Schmigel's death in June 2014.

The nearly 300-page investigation includes airborne operation briefings and manifests, interviews with witnesses and flight data.

Investigators said there is no evidence that the aircrew, aircraft or weather contributed to Schmigel's death, but there were several areas of negligence that needed to be addressed as safety factors, according to the report obtained by The Fayetteville Observer through the federal Freedom of Information Act.

The report found:

Following the death, the safety who failed to check Schmigel's static line was recommended to be permanently decertified from duties as a jump master. That person's name is redacted in the report.

The status of the safety was not current at the time of the airborne operation. The safety was out of compliance by five days for completing baseline certification, according to the report.

The safety also skipped the jump master briefing before the operation the day of Schmigel's death, according to the report.

Investigators made eight other recommendations to correct or improve operations and procedures surrounding airborne operations.

Investigators also found the airborne operations called for two safeties per door, but that's not what happened on Schmigel's flight. One "simply stood by" as the other worked, according to the report.

Another concern about the safeties was that all four safeties on the aircraft -- two on the right door, two on the left door -- were rookies, performing their first duties as safeties, according to the report.

Investigators recommended the Advanced Airborne School direct safeties be paired with a more advanced jump master. Also, no more than half of the safeties assigned to a flight can be on their first duty, according to the report.

Safeties also must inspect static lines all the way down to the curved pin protector flap, which protects the main curved pin until it is activated to release the parachute. One of the safeties told investigators that static lines were only inspected to the pack tray, not to the protector flap that covers the pin.

Investigators believe Schmigel's static line was loose and became caught under the protector flap. Since the flap did not open, the main curve pin could not deploy, therefore delaying the release from the pack tray.

A main curve pin's failure to deploy is "a single point of failure," meaning every action after the failure also will not occur, said Maj. Craig Arnold, commander of Fort Bragg's Advanced Airborne School.

After the pin deploys, the deployment bag is released, risers are stretched outward and the parachute inflates.

Jump masters had never seen a curve pin failure due to loose static lines before, and therefore didn't know it was a deficiency, Arnold said.

Arnold, who said he has reviewed the investigation into Schmigel's death, said jump masters took note of the deficiency and immediately began inspecting static lines all the way down to the curve pin protector flap.

Static lines can become loose as a jump master runs his or her fingers under them or, if paratroopers are sitting in a C-130, the paratrooper gets stuck in the netted seat, Arnold said. As a second line of defense, riggers are called to inspect the static lines after the jump master to ensure the lines are tight and not caught under the flap, Arnold said.

"Now that we have identified (the deficiency), we put proper measures in place to prevent it from happening again," Arnold said.

Another immediate change was an update by the Advanced Airborne School requiring jump masters to check the universal static lines modified three times. A memo released by the school in June 2014 includes a note in all capital letters: Do not rush the inspection of the universal static line modified in order to make time to exit paratroopers.

The airborne operation on May 30, 2014, was designed to increase jumper proficiency and increase proficiency in airfield clearance missions. The paratroopers were to be dropped onto Holland Drop Zone, practice seizing the airfield, conduct accountability of personnel and equipment, then redeploy to Fort Bragg.

The training mission began at 1 p.m. with the jump master briefing in the 37th Engineer Battalion conference room. Both safeties who worked on the right door -where Schmigel was positioned - missed the briefing, according to the report.

One of the safeties told investigators he missed the briefing because he was on a jump follow-on mission at the time and was back briefed by his commander. The other safety did not offer a reason for missing the briefing, according to the report.

Paratroopers conducted sustained airborne and mock door training at Green Ramp at 4:30 p.m. About two hours later, the paratroopers picked up their parachutes and were inspected by jump masters.

Paratroopers loaded the C-17 about 7:30 p.m. for the scheduled drop at 9:30 p.m., according to the report.

When the paratroopers stepped on the aircraft, the seat configuration didn't match the original plan, so four jumpers switched to be part of the plane's first pass rather than its second.

Schmigel was among those four.

She was initially supposed to be the 20th jumper but was moved to be the 16th jumper.

Photos taken as evidence show that Schmigel's combat equipment was rigged properly, according to the report.

When the appropriate commands were given, jumpers began to exit the aircraft. About halfway through, a gap opened, causing jumpers - including Schmigel - to "rush" the door, according to the report.

Because it was dark, the other jumpers didn't realize at the time that had been a problem.

In just two seconds from the time Schmigel jumped from the C-17, her static line became caught under the main curve pin protector flap, causing a delay in her T-11 parachute's deployment sequence. She became a towed jumper, meaning she was being dragged behind the aircraft.

Jump masters can typically tell if a paratrooper becomes towed based on the position of the static line after the jumper exits the aircraft. The static line should hit the middle of the door. If it hits near the bottom of the door, the paratrooper is likely being towed.

Once a paratrooper is towed, all jumps are ceased as safeties work to pull the jumper back into the aircraft, Arnold said. If that fails, the safeties will alert the Air Force's load master, who informs the pilots so they can move to a higher altitude and adjust their flying pattern to set up a retrieval system to pull the jumper inside the aircraft.

When Schmigel was being towed, her feet were pointing away from the aircraft and the top of her upper body was facing the direction of flight, according to the report. Her weight against the static line would have forced her to be generally facing the ground or rotating slightly to her right or left.

She would have been conscious at this time, according to the report.

About two seconds later, Schmigel became entangled in the suspension lines of the parachute of the 17th jumper.

While she was being towed, Schmigel may have been struck by the pack tray from the 17th jumper, according to the report. That jumper, whose name is redacted in the report, said he or she has no memory of colliding with Schmigel.

The suspension lines from that jumper's rear risers became wrapped across her throat, according to the report. The lines lacerated her neck.

The force pulled Schmigel's head back, causing her to rotate vertically around her center of gravity. As her head was pulled back over her feet, her static line was routed over her right shoulder, according to the report.

The rotation caused her static line to come free of the main curved pin protective flap and deploy as designed.

For a fraction of a second, Schmigel was pulled toward the aircraft by her static line and away from the aircraft by the 17th jumper's suspension lines, according to the report.

Investigators used the blood patterns on Schmigel's clothing and equipment, as well as the suspension lines of the 17th jumper, to determine her laceration was caused by the jumper's suspension lines, not Schmigel's static line.

The force of the suspension lines from the jumper broke Schmigel's neck in three places and dislodged her jaw on both sides, according to the report.

Because there was no blood or abrasions on Schmigel's hands, investigators said the ordeal happened so fast she didn't have time to reach up to yank at the lines caught around her neck.

Once the jumpers landed on the drop zone, two soldiers checked each other for injuries.

"Mainly, 'Are you OK?' 'You good?,' " according to a statement from the soldier. "I was extremely tangled up in my chute and began trying to get everything off."

Simultaneously, the second soldier walked over to Schmigel. That soldier, who is only identified as a male, shook Schmigel's shoulder and noticed the injury to her neck.

He screamed for a medic, according to the report.

"I vigorously tried getting everything off so I could help with whatever was going on," according to the first soldier's statement. "I then saw an unconscious soldier laying on the ground, got close enough to see there was a serious injury on the neck of the soldier."

The second soldier said there was no pulse and it seemed the neck was broken, according to the report.

"I ran to the top of the hill we were close to and began spinning a chem light and was screaming for a medic," said the first soldier.

Schmigel's decision to join the Army surprised her mother, but nonetheless, Karie said she was supportive.

Schmigel was an intelligence analyst with the 37th Engineer Battalion, 2nd Brigade Combat Team, according to officials. She joined the Army in 2010 and had been assigned to 2nd Brigade since June 2011.

Later that year, Schmigel deployed to Iraq with the brigade.

Karie said she didn't know her daughter was in Iraq until she called from the country. Schmigel said she didn't want to worry her mother, so she waited until she arrived safely to share the news of her six-month deployment.

The women would video chat regularly, but it was difficult for Karie.

"I'd see missiles. I'd see huge jets flying over," Karie said. "She'd say, 'Mom, relax.' I'd say, 'I love you, but I gotta go. I don't like this.' "

During her daughter's deployment, Karie mailed numerous care packages filled with treats from home. The beef jerky was usually a greasy mess by the time it arrived in Iraq, but Karie said her daughter enjoyed canned soup and gummy worms. She also sent paper, pens, envelopes and stamps to write home, Karie said.

Two weeks before Schmigel's death, Karie said she debated making the nearly 650-mile drive to Fort Bragg from her home in New York. She wasn't going to make the trip but decided to since she would be able to spend Mother's Day with her daughter.

"We weren't going to go see her," Karie said, remembering the plans. "But she was like, 'Mom, it's Mother's Day. I have time for leave.' "

It was the last time Karie would hold her daughter.

"I'm glad I got to see her," Karie said. "Two weeks later, I lost my daughter."

The next time Karie visited Fort Bragg was for All American Week in May 2015. A group of officers arranged to drive Karie and her family to Holland Drop Zone, where they laid yellow flowers in memory of Schmigel.

"They took us to the drop zone where they said they found her body," Karie said.

During the week, Karie said she met with some of her daughter's friends to share their memories of her. The group went to Schmigel's favorite bar, Cadillac Ranch, to line dance.

Karie danced with the friends but felt an emptiness.

"I think my daughter should have been next to me," she said. "I just miss her."

See also: Paratrooper's death prompts 82nd to implement changes to airborne operations

Previously on The Batavian:

Photos: Holland Land Office rededication ceremony

By Howard B. Owens

Assemblyman Steve Hawley presents a proclamation today to Jeff Donahue, director of the Holland Land Office Museum, during a rededication ceremony on the 200th anniversary of the founding of the Holland Land Office. 

Dr. Roger Triftshauser, a retired Navy rear admiral and former chairman of the County Legislature, gave the keynote address.

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