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State releases sunny April employment data for Genesee County

By Howard B. Owens

Genesee County's unemployment rate dropped in April to 5.1 percent, according to Labor Department statistics released today.

That's down from 5.5 percent a year ago.

The last time April unemployment was lower was in 2007, when the local rate was 4.4 percent, though the rate has been lower in the past 12 months, when it was 4.8 in October.

The Department of Labor says that there are 28,400 residents of Genesee County with jobs, up 100 from the prior year. There are 1,500 people counted as unemployed, down 100 from a year ago.

The jobs data comes out a week after Scott Gage, director of the local job bureau said that his department currently lists 400 job openings and the number of employment seekers coming into his office is dwindling.

The unemployment rate in Wyoming County dropped from 6.6 percent to 5.8 percent, in Orleans from 7. 7 to 6.4, and in Livingston, from 5.6 to 5.2.

New York's rate is 5.5 and the national rate is 5.5.

City schools to share data from community survey June 2

By Howard B. Owens

Press release:

Batavia City School District will host a Data Cafe on June 2, from 4:30 - 6:30 p.m. in the High School’s library. At this cafe, Diane Reed, Ph.D., our Outside Educational Expert (OEE), will share information from the Data Triangle Survey, completed by our community last fall, and then will facilitate conversation regarding the information. Light refreshments also will be provided.

As a certified OEE, Reed is approved by the New York State Education Department (NYSED) for working with Focus Schools and Focus Districts as they measure their effectiveness based on six tenets which have been proven to be key factors in school effectiveness: District Leadership and Capacity; School Leader Practices and Decisions; Curriculum Development and Support; Teacher Practices and Decisions; Student Social and Emotional Developmental Health; and Family and Community Engagement.

Reed worked with our District to facilitate the Data Triangle Survey -- the three-pronged survey approved by the State which uses the six tenets as a guide in gathering input from staff, students and families. That input was used in the evaluation of District and school effectiveness and then was used in creating strategic plans for improving effectiveness. Reed continues her assistance in preparing the District for its reviews by the NYSED.

In addition to her work as a consultant at the international, national, state and local levels, Reed is the director and an associate professor in the master's degree program in Educational Leadership at St. John Fisher College. She co-authored a book titled "Resilient Leadership for Turbulent Times," and has written chapters that have been included in several others. She has also received numerous awards for her leadership in education. During her 15 years as a superintendent in New York State, her district was named in the top 1.5 percent of the school in the nation by Newsweek magazine and in the top 3 percent of school in Upstate New York by BusinessWeek.

All are encouraged to attend this informative evening.

Grand Jury Report: Man indicted on drug dealing charge, escape and public lewdness

By Howard B. Owens

Kirk A. Thomas Jr., is indicted on counts of criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, first-degree escape, criminal possession of a hypodermic instrument, criminal possession of drug paraphernalia, 2nd, and public lewdness. Thomas is accused of possessing heroin with the intent to sell on March 17 in the City o Batavia. On that date, having been arrested, he allegedly escaped from custody. On that date, he allegedly possessed a hypodermic instrument. He allegedly possessed glassine envelopes with the intent to distribute drugs. He is accused of exposing himself and masturbating in public with the intent of being observed.

Ronald M. Markek is indicted on counts of felony DWI, felony driving with a BAC of .08 or greater, and is accused of having a prior DWI conviction on Oct. 11, 2011, in the Town of Pembroke. Markek is accused of driving drunk Nov. 28, 2014, on Route 63, Town of Batavia.

Law and Order: Report of driver 'not acting right' leads to Leandra's Law arrest

By Howard B. Owens

Cody Matthews Bedard, 21, of Lake Road, Corfu, is charged with DWI, DWI drugs, DWI with a child less than 16, endangering the welfare of a child and back seat passage age 4-6 without appropriate safety restraint. Police responded to the area of 240 Richmond Ave. at 7:27 p.m. Friday after a report of a driver "not acting right." Bedard was arrested by officers Darryle Streeter and Jamie Givens.

Michael B. Neth, 37, of Summitt Street, Batavia, is charged with criminal contempt, 2nd. Neth allegedly made contact with a person he was barred from contacting by court order while at a store in City Centre at 6:25 p.m., Saturday.

Lois Omar Perez Lopez, 34, of Trumbull Parkway, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign and failure to signal. Perez Lopez was stopped at 2:22 a.m. Sunday on Trumbull Parkway by Deputy Chad Richards.

Joey Robert Tatro II, of Main Street, Attica, is charged with trespass and criminal mischief, 4th. Tatro was arrested on warrants related to the charges. He was jailed on $250 bail or $500 bond.

Ryan Michael Byrnes, 28, of Maple Street, Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and driving while using a mobile phone. Byrnes was stopped at 9:35 p.m. Monday on Main Street, Byron, by Sgt. Gregory Walker.

City's Bureau of Maintenance without power for the day

By Howard B. Owens

Press release:

On Wednesday, May 27, the Bureau of Maintenance facility will have a power shut-down that will that will disable telephone and computer communications for the day. Anyone needing to contact the Bureau of Maintenance is asked to contact the Department of Public Works Administration at telephone number (585) 345-6325.  

Hawley calls for stripping benefits from politicians convicted of crimes

By Howard B. Owens

Press release:

“As a public official, I have sworn to protect the citizens of my district and taxpayers of New York State by honoring my office and embracing integrity, openness and transparency in my role as an elected leader. It is repugnant to have taxpayers fund the pensions and retirement benefits for public officials convicted of corruption and other felonies related to their official duties. It is morally and professionally irresponsible to ask the residents, whom we have betrayed and stolen from, to line the pockets of public officials who have used their power and social status for personal gain. We are public servants and our focus should be on improving the public’s faith in government and serving our constituents to the best of our abilities.

“The Assembly Minority Conference has led the charge on stripping corrupt public officials of their state pension and retirement benefits. I sponsor bipartisan legislation, A.4643-A, that would accomplish these goals. We were told by the Assembly Majority and Gov. Cuomo that a pension forfeiture bill would be voted upon during budget night this year. To the surprise of many, no such bill reached the Assembly floor for a vote for unknown reasons and we are still waiting on this initiative to pass. With only 12 session days left, and overwhelming support from across the aisle and the governor’s office, I cannot imagine why this bill has not reached the legislature for a vote. This common-sense measure is way past due and cannot wait until next January for action. I will continue to push this measure to do what is right for the people of New York State.” 

Law and Order: Alleged intruder of home on North Bergen Road charged with burglary

By Howard B. Owens

Shane P. Buyck, 26, of North Bergen Road, Bergen, is charged with burglary, 2nd. At 6:21 p.m. Monday, deputies and troopers were dispatched to a residence on North Bergen Road after the homeowner returned home to find an intruder in his house. The intruder fled on foot, leaving a car in the driveway. The registration reportedly came back to Shane P. Buyck, a resident of North Bergen Road. Buyck was located in a wooded area near the house by Deputy Chris Erion and K-9 "Destro" while lying in thick brush. Buyck was identified as the alleged intruder. He was jailed without bail.

Tonya M. Doell, 45, of East Main Street, Batavia, is charged with open container in public. Doell was allegedly in possession of an open container at 577 East Main St., Batavia, (Family Dollar). Doell reportedly refused to identify herself to police because of her probation status.

Matthew P. Parker, 25, of Eagle Street, Medina, is charged with trespass. Parker was arrested following an investigation into reports of vehicles being broken into in the City of Batavia on Sunday Morning. He was located in the parking lot of UMMC at 4:30 a.m. and jailed without bail.

Matthew C. Payne, 33, of Chestnut Street, Batavia, is charged with illegal disposal of items. Payne is accused of illegally dumping trash into a trash container owned by the Batavia Housing Authority at 193 S. Main St., Batavia.

Susan R. Fabretti, 52, of Swamp Road, Byron, is charged with petit larceny. Fabretti is accused of shoplifting at Tops Market. 

A 17-year-old, name and residence withheld by Batavia PD, is charged with harassment, 2nd. The youth is accused of striking a female several times after a verbal argument escalated.

Angela Irene, 45, of South Gravel Road, Medina, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at at stop sign. Irene was stopped at 1:41 a.m. Sunday on Lewiston Road, Alabama, by Deputy Joseph Corona.

Alan James White, 18, of South Lake Road, Bergen, is charged with criminal possession of a weapon, driving while ability impaired by alcohol and driving with a BAC of .08 or greater. Deputy Chad Cummings along with Mercy EMS were dispatched at 7:51 a.m. Sunday to Dublin Road, Bergen, for a report of an unresponsive male behind the wheel of a stopped car on the road. White was treated and released at the scene by medics. He was allegedly found in possession of a switchblade knife.

Sandra Lynn Fry, 43, of Sunset Park, Oakfield, is charged with criminal contempt, 2nd. Fry allegedly violated a complete stay away order of protection.

Jason Scott Stanley, 22, of Judge Road, Alabama, is charged with DWI on an ATV, unlawful operation of an ATV on private property, unregistered ATV and driving an ATV without insurance. Stanley was arrested following an investigation into an ATV accident on Hutton Road, Oakfield, at 6 p.m. on Monday.

Mark David Heidenreich, 25, of Sumner Road, Darien, is charged with criminal contempt, 2nd. Heidenreich allegedly violated a complete stay away order of protection by placing phone calls to the protected person.

Samantha Rose Docteur, 24, of Ellicott Street Road, Pavilion, is charged with unlawful possession of marijuana and facilitating aggravated unlicensed operation of a motor vehicle, 2nd. Docteur was arrested following a traffic stop on South Main Street, Oakfield, at 11:55 a.m. Saturday by Deputy Michael Lute. She was allegedly in possession of marijuana, a grinder and smoking paraphernalia.

Andrew Michael Boyce, 20, of Oak Orchard Road, Elba, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and no seatbelt. Boyce was stopped at 4:18 p.m. Friday on Judge Road, Alabama, by Deputy Chris Parker, for allegedly driving without wearing a seatbelt.

A 17-year-old resident of Main Road, Pembroke, is charged with second-degree harassment and criminal mischief, 4th. The youth allegedly threatened another person and damaged property of that person. He was jailed on $250 bail.

Matthew Brian Starowitz, 26, of Whitney Mill Road, Batavia, is charged with unlawful possession of marijuana. Starowitz was charged at 2:22 a.m. May 19 on Bank Street Road, by Deputy Chris Erion.

Nicholas Anthony Lord, 19, of North Division Street, Buffalo, is charged with criminal mischief. Lord allegedly damaged another person's property during a dispute.

Matthew J. Pasternak, 25, of Amherst, is charged with unlawful possession of marijuana. Pasternak was stopped by a trooper on Route 77, Corfu, for allegedly speeding. He was allegedly found in possession of five grams of marijuana after the trooper said he detected the odor of marijuana emanating from the vehicle. The search also allegedly led to the discovery of a multicolored smoking pipe with marijuana residue.

The spirit of Conrad Litt, who died in battle July 18, 1863, has a final resting place in Indian Falls

By Howard B. Owens

On a cloud-shrouded Memorial Day afternoon in Indian Falls, the folds in the fabric of history were visible in a short service that honored one of Pembroke's own fallen Civil War soldiers.

A headstone for Conrad Litt, a German immigrant who probably joined the Army so his family could have 100 acres of land after the war, was dedicated in a service conducted by members of Colonel John B. Weber Camp No. 44 and the Weber Guard, Sons of Veterans Reserve.

The spot chosen for the marker is next to those of his parents and other family members in the Old Indian Falls Cemetery. The location is at the rise of the hill in the southwest corner of the graveyard. There's an opening in the tree line that overlooks a lush valley. 

Clifford Anderson, one of the Litt Family ancestors, who now lives in West Seneca, purchased the headstone from the Veteran's Administration. He likes the idea that Conrad Litt's grave overlooks that idyllic valley that will become a national veterans cemetery.

"His spirit will look out over his fellow soldiers here, on this hill," Anderson said.

Conrad Litt enlisted in the 100th New York Volunteer Infantry, 2nd Brigade, Company C., on October 24, 1861 as a private. The 2nd Brigade was known as the “Eagle Brigade,” which was sponsored by the Buffalo Board of Trade.

Litt participated in the Battle of Fair Oaks, Virginia, where more than half of his regiment was killed or wounded.

The Pembroke resident died in action July 18, 1863 during the Union’s night assault on Fort Wagner, Morris Island, S.C., when he was struck in the breast and died instantly.

The Second Battle for Fort Wagner was dramatized in the movie "Glory," which is about the 54th Regiment Massachusetts Volunteer Infantry, the first military regiment in the Army comprised entirely of African-Americans, mostly freed slaves. The 54th led the nighttime charge on Fort Wagner, suffering heavy casualties, and though Fort Wagner never fell, the manner in which the men acquitted themselves led to more freed slaves being allowed to enlist. These black regiments were a significant factor, President Lincoln felt, in the Union winning the war.

Buffalo native John B. Weber enlisted in the Army Aug. 1, 1861 as a private and quickly rose through the ranks, attaining colonel before his 21st birthday. His first command, granted September 19, 1863, two months after the Second Battle of Fort Wagner, was the 89th Regiment, designated "18th Infantry, Corps d'Afrique." It was a regiment of freed slaves. Weber turned down a command of 44th Regiment to lead the 89th. He resigned later after his men were reassigned to another outfit and promised replacements, more freed slaves, were not available. He returned to Buffalo and eventually was elected to Congress.

Litt's remains were never recovered for a proper burial, as the fighting at Fort Wagner continued for another month by laying siege to take control of the rebel-held fort and battery, which was the key to entering Charleston Harbor and the Union reclaiming of Ft. Sumter, where the first shot of the War Between the States opened formal hostilities in 1861. 

Anderson learned of Litt and the cemetery where his family was buried while researching his family tree. In the process, he came across a book containing 25 of Litt's letters home. The book, which also contains the Civil War letters of Litt's childhood friend, also of Pembroke and fellow soldier, Sidney Lake, "I Take My Pen in My Hand."

"I came across these letters he wrote and I wept reading them," Anderson said. "I'm a vet myself and I would like to do him an honor, at least put a marker here for him. His body is not here, but I feel like his spirit has come home now."

The dedication ceremony comes 150 years after what some historians consider the first Memorial Day, organized in Charleston, S.C., May 1, 1865, by a group of freed slaves to honor the Union soldiers who helped secure their emancipation. The first nationally recognized Decoration Day was May 30, 1868. The date was supposedly chosen because it would be a time when flowers in all parts of the nation would be in bloom and the graves of fallen soldiers were to be decorated with flowers.

Flowers decorated Litt's marker yesterday.

For Michael Erb, who belongs to three Civil War reenactment groups, including the Weber group, and is himself a military veteran, taking part in services that honor the Civil War dead is important because the Civil War is a critical turning point in the nation's history.

"The Civil War was America's biggest war," Erb said. "It changed our country forever, you know. We were kind of a disunified country, different states going different ways, and all the sudden after the war, we were all one nation. Oliver Wendell Holmes said it was a terrible war, many people and soldiers died in that war, but look at what we got from it. We're a better country afterward. We're a unified country. Today, we're the only Superpower. It's a time in history that our whole country should remember."

ATV accident reported in Hutton Road area, Oakfield

By Howard B. Owens

An ATV accident is reported in the area of 7394 Hutton Road, Oakfield.  

A teenage female reportedly suffered a head injury. A person will meet a fire chief roadside and escort him to the accident location.

Mercy Flight out of Olean is on in-air standby with a 40-minute ETA, weather permitting. 

UPDATE 10:30 p.m.: Mercy Flight 5 now available, 20-minute ETA.

UPDATE 12:32 a.m.: A responder subsequently told Howard, on scene at another incident -- the explosion/fire on Read Road, Town of Pembroke, that the girl was transported primarily as a precaution and that she didn't suffer severe injuries.

 

Photos: Memorial Day in Batavia 2015

By Howard B. Owens

The video is comprised of photos from the Memorial Day ceremonies at the VA, Upton Monument and the War Memorial at St. Jerome's. Audio provided by WBTA, our news partner.

More photos in the slide show. To purchase prints, click here.

Man reportedly found in North Bergen Road house says his car broke down

By Howard B. Owens

A resident on North Bergen Road reports that he came home to find an intruder in his residence, and the intruder fled, leaving behind a vehicle parked in the driveway.

The husband followed the intruder and spoke with him. The alleged intruder said his car broke down and he went into the residence for some reason.

The plates on the vehicle come back to a Bergen resident who is on parole for burglary, 2nd.

A deputy is responding. The intruder is on foot on North Bergen Road, eastbound. He's a white male, 5'11", 200 pounds in shorts and a T-shirt.

Report of child in diapers with nobody around near Jackson School

By Howard B. Owens

Police have been dispatched to Jackson School to investigate a report of a child in diapers with no adult to be seen in the area.

UPDATE 12:45 p.m.: The child was scooped up by a family member before a patrol arrived. Case closed.

Conservative Party announces City Council endorsements

By Howard B. Owens

Press release:

The Conservative Party of Genesee County has made the following endorsements:

Paul Viele (Republican) -- 1st Ward
Lisa Whitehead (Libertarian) -- 2nd Ward
Richard Richmond (Republican) -- 3rd Ward
Al McGinnis (Conservative) -- 4th Ward
Kathy Briggs (Democrat) -- 5th Ward
 
Paul Viele and Richard Richmond will running Republican primaries elections against the incumbents.
 
We had no request from the 6th Ward.

Join The Batavian Club to edit comments

By Howard B. Owens

When we recently upgraded the software for The Batavian, the ability for users to edit comments disappeared.

That was one of a few bugs that crept up with the upgrade that we've been working through.

We've always had the ability for users to edit their own comments. An option rarely available on news Web sites. I know it's a popular feature, but it's also a feature that has been abused by a few people looking to not just correct spelling and grammar, but alter the history of what they've written. For that reason, I've sometimes wanted to limit the ability of people to edit comments particularly the here-and-there, occasional commenter, which are the ones most likely to remove a comment or substantially alter its meaning.

Also, all this software support is expensive. The Batavian needs the support of readers, and not just advertisers, to really thrive.

When it came time to get comment editing back again, I decided we're going to have a change in policy: Comment editing will only be available to those who have paid to join The Batavian Club.

The Batavian Club helps us pay the bills. We need your support. In exchange, membership more than pays for itself with the $300 in gift certificates to local businesses you receive. If you love The Batavian and love saving money, there's really no reason not to join.  

So, join today!

(BTW: If you're a member and can't edit comments, send me an e-mail, howard@thebatavian.com. I may not have properly tagged your user account.)

UPDATE: We also just launched a new search function on the site.  It's faster and offers some additional features to help return better results.  I forgot to mention earlier as well, we also upgraded the thumbs up/thumbs down in response to reader request.  Instead of an aggregate result of positive or negative votes, you see the total of how many ups and how many downs each comment gets. 

Use this button to set up a recurring annual payment of $50 (a discount for subscribing on an annual basis):

Use this button to make a single-year payment of $60:

Firefighters extricate cat from can

By Howard B. Owens

A city resident turned to the Fire Department this morning for help rescuing a cat whose curiosity, or insatiable appetite, got the better of him and perhaps cost him one of his nine lives. The cat stuck his head in a can and couldn't get unstuck. Engine 15 responded at 7:58 a.m. and firefighters used handheld cutting tools to peel the can open and extricate the feline.

The cat is fine.

Photos and information submitted by Lt. Bob Fix, Batavia FD.

Fast and furious: Flyball competition comes to Batavia

By Howard B. Owens

It's an adrenaline rush to see one of his border collies racing through four jumps, grabbing a tennis ball and streaking back to him, said Hamburg resident Peter Russell, who was in Batavia on Saturday to compete in a biannual flyball competition at the Fairgrounds.

Flyball is a dog-racing sport. Teams are comprised of four dogs and four handlers. Each dog runs down a track, jumping over four hurdles, hitting a platform at the end of the track, which releases a tennis ball, and then the dog runs back through the hurdles with the ball. The race is a relay, so once the first dog returns, the next dog runs the next leg.

The sport was created in California in the late 1960s and has grown to international proportions.  

Russell is a member of the Buffalo Wings Flyball Team, which has won national championships.

More than 15 teams competed yesterday, with dogs and owners traveling to Batavia from throughout the Northeastern United States and Canada.

The exhibition hall at the fairgrounds on Saturday was a cacophony of yelps and yaps and a whir of flashing fur.

"I think people enjoy the sport because of how quick it is," Russell said. "Races come down to hundredths of a second."

It's also a social sport, said Cindy Henderson, a resident of Massachusetts and regional director for the North American Flyball Association.

"You're with four different people," Henderson said. "That's what's fun about it. You're working with a whole team of people. It's not like other sports where you're just one handler working with a dog. You're a team."

Each member of the team has a specific role. The lead dog needs to have stamina since false starts can mean multiple trips down the track before there's a legal start. There are the middle leg dogs who need to be fast and agile, and then there's the anchor dog, who ideally loves to race and has the competitive drive to overtake another dog if the team has fallen behind. There also needs to be a height dog. The height dog is the smallest dog on the team. The shorter the dog, the lower the hurdles for the team.

Russell and his wife own 13 border collies. Four of them are retired and nine of them race. They're also breeders.

Border collies are particularly well suited to the sport, Russell said.

"It gives them a job to do," he said. "Border collies are bred to herd sheep, so they need a job to do. Their job is to go get the ball and come back to you and tug on their toy. In essence, that's their job for the day. It gives them some mind stimulation, because it's a difficult sport to learn and master and it gives them the physical stimulation because they're running over four jumps, hitting a box, coming back, tugging on the tug when they get back to you."

Alissa Schwab, of Amherst, owns a Jack Russell terrier, the height dog for the Buffalo Wings.

"I got started because obedience training wasn't enough for Jack Russell terriers," Schwab said. "The Buffalo wings needed a fast height dog and they came to training and spotted him and he was hired."

She's been racing for seven years now and now owns three Jack Russells.

"It's great for my dogs," she said. "They look forward to it. The community of people from our region is just fantastic and the racing is good."

The owners enjoy the race. The dogs enjoy pleasing their masters and getting a treat at the end of the run, usually a tug on a rope, but maybe something a little more tasty.

"They like to be rewarded for doing things they love," Schwab said. "You're part of the reward. They want to come back to you."

Photos: Remembering family members who served on Memorial Day weekend

By Howard B. Owens

Dozens and dozens of families passed through the St. Joseph Cemetery today to place flowers on the graves of loved ones who served in the military. Above, Adam Figlow adjusts a flag on the veterans marker for the grave of his grandfather Anthony LaFarnara, who served in the Army during World War II, while his son Noah looks on. Below, Adam with is father, Tony.

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