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Genesee ARC honors supporters at annual banquet

By Howard B. Owens

Press release:

Genesee ARC honored supporters, volunteers, community members, individuals served and staff during its 48th Annual Meeting & Awards Ceremony Friday night at the Clarion Hotel. Assemblyman Steve Hawley was the 2014 master of ceremonies.

During opening remarks, ARC Executive Director Donna Saskowski shared that the field of developmental disabilities is in a state of transformation.

“Choice is not as primary as it once was," Saskowski said. "We continue to be the focus of the Governor who believes that New York State is spending too much money on Medicaid, the primary funding source for the people we support."

The executive director challenged everyone at the banquet to go out and this story to someone who doesn’t know about Genesee ARC.

“We need to advocate, talk to our government representatives, and help educate our community about those we support and their real impact and value to our community,” she said. “If each one of us talked to just one more person about the skills of our workers and their dedication to their employers I think new community based jobs would quickly develop, there would be more volunteer opportunities and ARC would develop an even larger base of supporters."

The 2014 Spirit of ARC Award was presented to the Rotary Club of Batavia. This award was established nine years ago to recognize an organization, business, family, or individual who exemplifies the mission of ARC. The Rotary Club is always reaching out to Genesee ARC and individuals served, welcoming and including people of all abilities in their community events.

Saskowski, herself a Rotarian, said “This is a dedicated group of local men and women who actually possess a laser focus on community improvement, youth development and social responsibility.“The Rotary Club’s financial contributions have spearheaded major capital improvements at UMMC, the YMCA, GO-ART! and Genesee Community College. At Genesee ARC, the Rotary Club made a significant pledge to the agency’s People Realizing Potential campaign to help fund renovations at the Community Center resulting in a culinary arts training center for people with disabilities. Several Rotarians attended the presentation and the award was accepted by Club President Hollis Upson."

Bergen residents Carl and Candie Pocock were presented with Volunteer of the Year honors. Saskowski said the award is in recognition of the Pococks’ commitment to Genesee ARC and our mission. Candie is involved with the Byron Kiwanis recreation program for children with disabilities and the area summer reading program. She was also a former leader in the County 4-H program. The couple also participates in various committees of the United Methodist Church.

Carl and Candie’s work with Genesee ARC started in 1996 when their daughter Michelle began to receive services from the agency.

“They are tireless advocates for all people with disabilities and help insure that everyone we serve, receive the services they need,” Saskowski said. "Two years ago Candie stepped up to take on the lead role as president of the Genesee ARC Board of Directors and both she and Carl volunteer at Genesee ARC fund raisers.

The Business Partner of the Year award was presented to Applied Business Systems, Inc. Steve Samis, ABS vice president of Production was on hand to accept the honor. Genesee ARC has had a longtime partnership with Applied Business Systems through the ARC Work Center and last year they provided the opportunity to run two temporary work enclaves at their site on Harvester Avenue in Batavia.

According to Scott Jones, director of Vocational Services, ABS believes in the value of the Genesee ARC workforce.

“ABS has shown a commitment to providing employment to people with developmental disabilities by consistently returning to us with new work projects and ideas for future projects,” Jones said “...Thanks to the work opportunities ABS has provided they have helped to benefit the individuals served by our agency by helping them to develop crucial job skills and opportunities to become more independent as contributing members of their community.”

A surprise Lifetime Membership Award was presented to Thelma C. Montreal, of Batavia.  Genesee ARC has always been near and dear to Mrs. Montreal as she is a parent and grandparent of children with developmental disabilities. Thelma is a member and past president of the Genesee ARC Board of Directors, and served several years on the NYSARC Board of Governors. The award is in recognition of her many years of service to Genesee ARC and individuals served by the agency.

Friend of ARC Awards were presented to:

CP Rochester Dental Clinic -- Charles O. Kolthoff, DDS and the Staff of CP Rochester Dental Clinic were presented an award in recognition of their exceptional talents and compassion in providing dental care for individuals with disabilities. 

Anne Marie Starowitz -- A retired teacher, Anne Marie was recognized for the difference she has made in the life of an individual at ARC as a reading tutor. Anne Marie is helping this individual gain more independence.

Howard and Michael Ouriel -- The Ouriel brothers offer quiet, behind-the-scenes support to Genesee ARC. Their many acts of kindness include donating funds to purchase special wish list items, enhancing the lives of individuals served. They also support recreation and sports opportunities for children with disabilities.

The following received Genesee ARC Achievement awards: Gabe Norton, Jacob Klotzbach, Dolores Wanser, James Grudzien, Janette Vick, Mael, Joan Pietyzkowski, Jonathan Hedrick, and Dan Ware.

Genesee Staff Shining Star honorees for 2014 are: Linda Conroy, Medicaid Service coordinator; Darla Jaszko, coordinator of Administrative Services; Richard Majors, residential assistant; James Owens, mechanic; and Michelle Wheatley, Day Hab specialist.

Longevity awards went to the following individuals: Lucy Brown and Patty Sheedy, 40 years; Bob Adam, Alan Birge, Steve Jenney and Tom Dissette, 35 years; Paul Johnson, David Miner, Tom Montreal and John Wiggins, 30 years; John Brown, Alvin Stewart and Ken Sheehan, 25 years; Phyllis Riley, Mary Welsh, Elizabeth, David, Joseph Duganier, Marjorie Keppler, Hayley Brandes, and Robert Cummings, 20 years.

Staff Longevity award recipients were: Donna Saskowski, 25 Years; Elizabeth Hopkins, James Owens, Reneé Potter, Carolyn Cauthen and Shelley Kropelin, 20 Years; Debra Worthington, Lauraine Cornell, Carolyn Griffin, Darla Jaszko, Scott Lang, Angela Spikes and Marla Snyder, 15 Years; Roxanne Monteleone, June Lawrence, Debra LaDue, Sue Given, and Catherine Pangrazio, 10 Years.

More than 325 guests were in attendance at the banquet ,which also serves as Genesee ARC’s official annual meeting. Board officers for the upcoming year are: Candie Pocock, president; Debrah Fischer, vice president; Jane Scott, treasurer, and Deborah Riggi, secretary.

Byron-Bergen students get visit from local veterans

By Howard B. Owens

Press release:

On May 27, Byron-Bergen first-graders learned about the history and meaning of the United States' flag from people who proudly fought for it – prominent members of the Genesee County American Legion and Auxiliary. The students welcomed Genesee County American Legion Commander Dave Henry, Chaplain Don Nagle, Post & County Adjutant Jim Neider, and Auxiliary President Jane Fox, and listened intently to their presentation.

Neider, who was recently named to the New York State Veterans' Hall of Fame in honor of gallantry in the Armed Forces and service to the community, made history come alive with stories of Betsy Ross and the first flag. He explained that Flag Day – June 14 – celebrates the birthday of our national symbol. He described the meaning of the flag’s stars and stripes, and the significance of the red, white, and blue. He also encouraged the young patriots to remind their parents and other adults of the many ways to honor the flag.

“As vets, we enjoy helping children connect with history, and get an understanding for the importance of our flag and our country,” says Neider, who also taught elementary school for 30 years at Alexander Central School. “The kids at Byron-Bergen are especially knowledgeable and enthusiastic. They make doing this a lot of fun.”

Come on out to the Smokin' Eagle tonight and I'll pour you a drink

By Howard B. Owens

There should be some fun times at the Smokin' Eagle in Le Roy tonight -- it's the annual Habitat for Humanity fundraiser, "Pour You A Drink."

All tips to the celebrity bartenders will benefit Habitat.

I'll be there, with Mayor Greg "Porp" Rogers, Bill Pitcher from the Ghost Riders, Joe "The Comedian" Condidorio and Rick Ellis, from the famed band Duke Jupiter. 

The fun starts at 6 p.m. and doesn't stop until 10 p.m.

Batavia Concert Band announces annual Concerts in the Park

By Billie Owens

Press release:

The Batavia Concert Band’s 90th season of music-making will run this year with free public concerts in Batavia’s Centennial Park on July 2, 9, 16, 23 and 30, as well as the ever-popular July 4th Picnic in the Park sponsored by GO-ART!

The Batavia Concert Band’s repertoire is wide-ranging in origin, period and style: marches, Big Band and swing numbers; popular songs from musicals and movies; rock favorites arranged for band; classical adaptations; fun songs for kids of all ages, and everything in between.

The Band consists of about 50 brass, woodwind and percussion players ranging from talented local high school students to 60-year veterans. Many have professional experience; the rest are advanced amateur musicians. All love to play.

This year’s conductor will be Mr. John Bailey, instrumental music director at Lyndonville Central School. The July 4th Picnic in the Park concert will be conducted by Mr. John Kresse.

Founded in the early 1920s, the Batavia Concert Band has brought musical pleasure to the region every year except during World War II. The Band currently enjoys financial support from the NY State Council on the Arts via GO-ART!, concert sponsors, program advertisers, and individual patrons. The City of Batavia supplies chairs for musicians. The Band also sponsors 50-50 raffles at every concert, bake sales and other low-key fundraisers. Individuals interesting in supporting the Band should contact a Board member at any concert.

Downbeat for regular season concerts is 7 p.m. Wednesday evenings in Centennial Park, Batavia. (* In the event of rain, concerts will move to Genesee Community College. Notices will be posted at the NW corner of Centennial Park and announced on WBTA radio AM1490, posted on  <http://www.thebatavian.com>, and the Batavia Daily News Web site, <http://www.thedailynewsonline.com>.

All concerts are free to the public of all ages. Light refreshments are available. Bring the family, some friends, lawn chairs or a blanket -- and enjoy!

Be sure to also take advantage of our chicken barbeque in Centennial Park, at the July 30 concert.

For more information on the Band, how to sponsor, etc. see http://bataviaconcertband.net. We’re also on Facebook!

Info contact: Bob Knipe, bobknipe@hotmail.com, 585 343 5991

Notre Dame downs Whitesville 14-3 to advance to Far West Regional Championship

By Howard B. Owens

A favorable post-season schedule and a duo of dominant pitchers have certainly helped Notre Dame make a championship run, Coach Mike Rapone said after the Fighting Irish beat Whitesville in a Class D consolidation game 14-3.

In years past, by this time Section V and Section VI would already have played their regional championship game, but for Notre Dame, that game won't come until Saturday in Jamestown.

The spread schedule has allowed Rapone's pair of aces -- Alec Covel and Tyler Stroud -- to get plenty of rest between starts.

"They've been dominate all year," Rapone said. "Teams are hitting .100 or less against both of them. Covel's ERA is under one and Tyler's is a little over. You come to expect, I mean, I hate to say it, but you come to expect that you're going to get a well-pitched game. You just hope our defense and hitting keeps up."

Stroud took the mound in Dansville yesterday and gave a command performance through five innings. He struck out seven through five and didn't give up a hit until the fifth, when a Whitesville runner reached base on a close call at first.

"Really, I try not to think about it (the no-hitter), but it's there a little bit," Stroud said. "It's in the back of your head, so of course when I give it up, it's like, ah."

That squib of a hit put two runners on (Stroud had hit the prior batter).

Whitesville's first solid knock would come two batters later when their hitting machine, Cole Tracy, would lace a line drive to right field.

Stroud surrendered two runs in the fifth.

It helped, Stroud said, to have his offense jump to an early lead. The Irish scored a run in the first and then six in the second. 

Covel lead the offense with four hits and three RBIs. Andrew Mullen added two hits and knocked in three runs. Jarrod Wall also had two hits.

Mullen, the team's catcher, now hits clean-up for the Fighting Irish and over the course of the season has become an offensive force. He's playing more relaxed, he said, which has improved his approach at the plate.

"I've realized finally now, it's just a game," Mullen said. "It's fun. After this, it's probably over for me playing baseball, so it's fun to be with the team for three years now and it's all fun from here."

Notre Dame doesn't know yet who its opponent will be Saturday in Jamestown, but Rapone said he's confident the team is ready for the challenge.

"We've played good all year," Rapone said. "We've lost 3-2, 6-4 and 2-0, so we've been in every ball game. You just hope to continue to keep playing and see what happens."

For Notre Dame, all of the seniors are now high school graduates. That means no more classes, no more regular routine, the potential to lose focus.

"That's something you worry about," Rapone said. "It's not the same routine. They used to get up, go to school, then go to practice or a game. Now they're home. Who knows what time they're getting up. Some of them have jobs, so they're already working. That's always a concern this time of year."

How do you keep them focused?

"I just tell them to get up," Rapone said. "Get out of bed. But I'm not there to make sure they do it."

Mullen said that as a graduate, you know this is the last hurrah and that's what keeps you on task.

"It's a little scary to see how fast it flew by, so that's one thing that keeps you focused," Mullen said. "You realize the end is near, so just getting up every day and doing the normal routine, not sleeping in until 3 o'clock, and going straight to the game."

This is a team, Mullen said, that will get the job done.

"We're pretty relaxed," Mullen said. "The team camaraderie is pretty good. We can mess around together. We can get serious together. We always keep each other on task or focused and when it comes to game time, we have all the same goal in mind."

Whitesville's first hit. Ruled safe at first.

As white fluffies fell on the field, Stroud was lifted in the sixth after giving up two hits. Stroud was having a little bit of hip pain, which affected his control and velocity. Even so, Stroud was unhappy about coming out of the game. "I don't like to watch," Stroud said. "I like to be out there."

To purchase prints, click here.

Genesee County Farmers' Market in the Downs' parking lot opens Tuesday, June 10

By Billie Owens

Press release:

The Genesee County Farmers' Market opens for the season on Tuesday, June 10, at the Batavia Downs parking lot on Park Avenue. Hours are 8 a.m. to 5 p.m. on Tuesday and Fridays, through Oct. 31.

"The market is celebrating its 40th Anniversary this year," says Market Manager Mike Bakos, "This market is the original Farmers' Market in Genesee County and remains a 'Grow Your Own' market featuring locally grown produce and specialty items. The vendors are planning many special events to celebrate this milestone anniversary."

  • Kids' Day -- July 25
  • Wine & Beer Day -- Aug. 22
  • Ladies' Day -- Sept. 19

Parties interested in joining the market to become a seasonal vendor or day vendor may contact Sharon Brent at (716) 560-0853 or by e-mail at   sharon_brent@hotmail.com

Qualifying charities, service groups, or 501c3 organizations that would like to participate in the market may obtain a "FREE" market stall by contacting the market at (716) 866-4958 or by e-mail at   mbakos@rochester.rr.com

Car crash blocking traffic at Route 33 and Wortendyke Road, Batavia

By Billie Owens

A two-car accident is reported at Route 33 and Wortendyke Road. A caller at the scene reports no injuries. It is blocking traffic. Town of Batavia Fire Department is responding along with Mercy medics for evaluation.

UPDATE 4:55 p.m.: Now one person is said to have a minor injury.

UPDATE 5:25 p.m.: A patient is being transported to UMMC.

School district clarifies Title IX settlement, calls Empire Justice statement misleading

By Howard B. Owens

Press release from Batavia City Schools:

On behalf of the Board, I am pleased to report that a settlement has been agreed to in resolution of the lawsuit filed against the District by two families with respect to the District’s softball fields. While the District is glad that this situation is behind us and we can now fully focus on the completion of these projects, we are a bit dismayed by the characterization of this situation portrayed in the Empire Justice Center’s press release. The Batavia City School District is proud of its student athletic program and continuously works toward achieving equality across all sports.

The District has always been committed to its girls’ athletic program. As a District we cannot proceed with capital projects of this nature without voter approval. We sought voter approval in 2011 to make improvements to our playing fields but the voters did not approve the plan at that time. Despite this outcome in 2011, the District invested as much funding as possible for material and labor to resurface the girls’ softball infields and to make arrangements for games to be played on other appropriate local fields.  

The facts of this situation speak for themselves:

·      The District had committed to the upgrades prior to the commencement of the lawsuit. There are no substantial differences between this settlement and the capital improvement plans that the Board of Education proposed and approved in February 2013 for presentation to the voters in May 2013.

·      The scope of the Board and voter approved capital improvement project was incorporated into preliminary plans by the Young & Wright architectural firm in the Spring of 2013. The plans were finalized this year with the intention of completing the project by September 2015.

·      It is unfortunate that, despite the District’s stated intentions and voter approval, the plaintiffs felt compelled to proceed with this lawsuit. The pending litigation resulted in an unnecessary expenditure of District resources during these difficult economic times.

·      There is only one change to the project requested in the settlement that was not initially taken into account, but the District believes is reasonable, and that is the addition of a safety cap to the track and field fence at VanDetta Stadium that is adjacent to the JV softball field.    

·      Not directly related to the specific project plans under way, as part of the settlement the District was asked to confirm its obligations to equal opportunity in athletic programs pursuant to Title IX, which we have always followed and are happy to continue to do.

·      The District has always been, and will continue to be, committed to its girls’ athletic program.

Genesee Chorale preparing to perform Dvorak on Friday and Sunday

By Howard B. Owens

Under the direction of Ric Jones, the Genesee Chorale will perform Antonin Dvorak’s "Requiem Mass" on Sunday at St. James Episcopal Church, Batavia.

Featured vocal soloists are Maureen DeGolyer, soprano, Pat Fussell, alto, Mark Ross, tenor, and Jim Ellison, bass.

Tickets for the 4 p.m. performance will be available at the door and are $10 for adults and $8 for students and seniors.

On Friday, the chorale will perform at 7 p.m. in Albion's Pillars Estate in the Grand Ballroom. There will be complimentary wine and hors d’oeuvres at 6:30 p.m. Tickets are $20 and available online at geneseechorale.com or at the door. The Pillars is located at 13800 W. Country House Road, Albion.

Daily News selling Apollo Drive building; buyer asking GCEDC for assistance on business expansion

By Howard B. Owens

Press release from GCEDC:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider two projects at its June 5, 2014 board meeting.

U.S. Gypsum Company is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY.  The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility. The projected capital investment is approximately $23 million and will ensure employment retention of 98 existing manufacturing jobs and the addition of 12 new production jobs.

9 Apollo Drive is planning to purchase the former Daily News building at 2 Apollo Drive in Batavia. With the purchase, the company anticipates further growth and plans to expand its business and manufacture more doors and windows. The projected capital investment for the project is $750,000.

The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park -- 99 MedTech Drive, Batavia, NY, on the 2nd floor, across from Genesee Community College. 

UPDATE: John Johnson, CEO of Johnson Newspapers, says that the Daily News hasn't sold its building and has no plans to move.

Rap video could become relevant in Dashawn Butler case

By Howard B. Owens

Batavia resident Dashawn Butler, suspected of discharging a firearm on State Street in September, was jailed Monday in lieu of $25,000 cash bail after being arraigned on a three-count Grand Jury indictment.

Butler entered a not guilty plea to counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

District Attorney Lawrence Friedman declined to discuss much about the case after Butler's appearance in County Court, citing concerns that pre-trial publicity could make it more difficult to select a jury, but he acknowledged that a rap video featuring Butler could possibly be used in future court proceedings.

The video is attributed to Mobb Bugatti and was produced by Rochester-based Triple R Muzik Group. The video, along with another one Butler is featured in called "Rollin'," and widespread Web marketing and publicity on social network and music sites indicate the aspiring rapper and TRMG are pursuing a music career for Butler.

The video could be taken in that context, or be seen as something more sinister.

During "Red Flags" Butler is seen waving a red bandana and rapping about "murder death kill kill" and disrespecting (using a different word) the law.

The professionally produced video appears to have been shot on State Street, Hutchins Place and Lewis Place. One scene shows a Batavia police car cruising down a street.

If Butler and his defense attorney Thomas Burns decide to make the people prove Butler's guilt beyond a reasonable doubt, the video could become relevant if Friedman decides to portray Butler as gang affiliated and that the shots-fired incident Sept. 27 on State Street was tied to possible gang activity.

Friedman declined to answer a question along those lines.

Asked if the video might tell us something about Butler that might be relevant to the case, Friedman said, "some people might feel that way."

There was some wrangling in court Monday over Butler's bail status.

Butler has been out of jail since a couple of days after his arrest in December because Friedman wasn't ready at the time to conduct a felony hearing in City Court.

Friedman argued Monday that Butler is facing three C violent felonies, has a prior felony conviction that could make him a second felony offender for sentencing purposes, and has a prior instance of failure to appear.

Burns countered that Butler has made his court appearances on time in this case, the prior failure to appear was many years ago in New York City and Burns doesn't believe Butler will qualify as a second felony offender.

There's also a speedy trial issue to look at in the case, Burns said. An arrest warrant was issued for Butler in October, but he wasn't arrested until December and only just now indicted.

Friedman said it took two months for Batavia PD to locate Butler. When he was arrested it was in the house of a person parole officers were looking for and Butler was hiding in a bathroom. Those circumstances negate the speedy trial issue, Friedman indicated.

Burns said Butler has lived in Batavia since 2001, moving here from NYC. He currently has a part-time job with a local food service business. He asked that if Noonan were going to set bail that it be something reasonable like $4,500.

Noonan set bail at $25,000 cash or $50,000 bond, which was the bail amount set in City Court when Butler was arrested in December.

The attorneys will spend the next 45 days preparing motions in the case and Butler is due in court again at 9:30 a.m., Aug. 4.

Warning: The video below contains profanity. This clip is edited to show just a representative portion of the video.

Jim Kelly present in spirit at 28th annual charity tournament at Terry Hills

By Howard B. Owens

Jim Kelly wasn't at Terry Hills today for the 28th annual charity tournament that carries his name because he's weakened by chemotherapy and radiation treatment for cancer.

At the start of the tournament his brother Dan had his head shaved both to honor his brother and to raise money for the Kelly for Kids Foundation. He challenged all of the golfers -- donors, athletes and celebrities to follow his example and over the course of the day, many of them did. (Cutting his hair, above, Michelle Napierala).

The Hall of Fame quarterback may not have been at his event this year, but he was there in spirit. Blue "Kelly Tough" T-shirts were everywhere and friends, such as ESPN broadcaster Chris Berman, spoke of Kelly's toughness and said that toughness is why he'll beat cancer and be back at Terry Hills next year to host his tournament. 

Former Bill and CBS Sports broadcaster Steve Tasker said much the same thing.

“We miss Jim being here,” he said, “but at the same token, it’s because of Jim’s presence and the quality of this event and what this event means – this is more than just a bunch of guys getting together for another event; this is like a reunion, not just a team reunion, but a family reunion for a lot of guys who’ve known each other for a couple of decades. The tournament’s been going on for 28 years and these guys are lifelong friends. The fact that Jim can’t be here today won’t change that.”

A fan gets her picture taken with the Bills 2014 #1 draft pick Sammy Watkins.

Former NBA star Gus Williams stops for a free brownie on the ninth hole, where a group of Batavia residents hang out every year to hand out treats to the stars and maybe get an autograph or picture.

Tasker talking with the media.

Bills Head Coach Doug Marrone with a group of Bills fans.

Berman talks with the media.

Actor Dan Baldwin, center, with his group on the first tee.

Tasker teeing off to start the tournament.

Mike Ziegler, a professional golfer and long-drive champion, would, for a donation, hit the drive for golfers on one of the back holes.

Neighboring buildings unharmed by fire that destroyed long-standing Pavilion structure

By Howard B. Owens

If one picture could tell a story, this would be it. The eastern exposure of Country Hill Gifts with its second-story flower box completely unharmed by a fully involved fire that destroyed the former grocery store building at the corner of Ellicott Street Road and West Park Street. There's no real damage to the entire eastern exposure.

And the building to the north of the destroyed building is also fine.

Chad Freeman said today once the fire started, it was largely fought defensively with a mind toward saving the neighboring structures.

The cause was likely electrical with a line arcing, causing insulation in the second floor ceiling to smoke and burn until air hit it, giving fuel to the fire.

Freeman noted that the first floor was almost completely undamaged by the fire. The building was too heavily damaged, however, and last night an excavator had to knock it down.

This afternoon, crews were on scene to pump water from the basement of Country Hill, but there was even very little smell of smoke in the store.

The two items below were posted to the Pavilion, New York Facebook page by Jay Brooks. A bit of the store's history.

City Schools will build girls softball field as part of settlement of lawsuit

By Howard B. Owens

Press release from the Empire Justice Center:

The Empire Justice Center is pleased to announce that a settlement has been reached in the class-action suit Myers v. Batavia City School District. Three female softball players and their families filed the case in April 2013 seeking equal treatment to their male classmates in the provision of practice and competitive facilities and equipment. Among other things, the players alleged that the District’s policy of renting a professional minor league stadium for all boys’ varsity baseball home games, while providing the girls with substandard playing fields at the school, violated Title IX of the Educational Amendments of 1972.

“More than anything, I am so proud of these young women for having the courage to stand up for themselves,” said Kristin Small, attorney for Empire Justice Center. “They saw that the way they were being treated was unfair and decided to do something about it, knowing full well they might face backlash from their community and that they themselves might never see the benefit of their efforts.”

As part of the agreement, the District has agreed to build a brand new varsity softball facility with permanent dugouts, good drainage, outfield fencing, a permanent electronic scoreboard and other amenities. The improvements are projected to be completed in time for the 2015 softball season. The District has also committed to making significant improvements to the junior varsity and modified softball fields, and affirmed its commitment to ensuring that boys’ and girls’ sports receive equal benefits, even when that requires the District to compensate for donations made by third parties, such as booster clubs.

After hearing that the District had agreed to the settlement, plaintiffs Elizabeth and Rebecca Myers said, “We are proud and thankful that the Batavia City School District has recognized the importance of female athletics and the need for equal treatment. We look forward to a bright future for Batavia girls’ softball, as players will now be able to enjoy and be proud of the fields that they will be playing on. We would like to thank Empire Justice Center for helping us resolve these disparities.”

“We hope that other school districts will take note of this settlement and be reminded that the movement to achieve equality in athletics between boys and girls is far from over,” noted Jonathan Feldman, a senior attorney at Empire Justice Center. “Many districts face similar challenges leftover from an earlier time when equality in sports was not seen as important. We congratulate the Batavia City School District for stepping up to the plate and working with us to find a solution that will ensure fair and equal treatment of all student athletes, regardless of gender.”

Law and Order: Alabama man charged with two felonies, several violations for allegedly riding ATV while intoxicated

By Billie Owens

Joshua Scott Bettilyon, 26, of Gorton Road, Alabama, was charged with two felonies and several violations stemming from an incident on May 30. He allegedly operated a motor vehicle with a BAC of .08 or more, which is a felony, and was also charged with DWI with a previous conviction of same within the last 10 years, another felony. In addition, he was cited for alleged ATV violations -- reckless driving, failure to yield to an emergency vehicle, unregistered vehicle, unlawful operation on highway, inadequate brake lights, unsafe tires, no / improper lights, and uninsured vehicle. Bettilyon was arrested by Sheriff's deputies after a short vehicular pursuit. NYS Police assisted in this incident, which was investigated by deputy Joseph Corona, assisted by troopers Hanssel and Kosowski.

Donald E. Ford, 40, of Oak Street, Batavia, was arrested by Batavia PD on charges of endangering the welfare of a child and harassment, 2nd, in an incident on May 30 on Oak Street. He allegedly threatened to harm an individual while that individual was in the presence of three children. He was jailed and bail set at $2,500. The incident was investigated by Batavia PD officer Eric Hill, assisted by officer Frank Klimjack.

Edwin Leroy Stancliff Jr., 35, of Alleghany Road, Corfu, was arrested by Sheriff's deputies on May 30 and charged with two counts of menacing, 2nd, and criminal possession of a weapon, 4th. Stancliff allegedly displayed a 6-inch kitchen knife during a domestic dispute, threatening his girlfirend and an acquaintance. After his arraignment in Pembroke Town Court, he was jailed. The incident was investigated by Sheriff's deputy Lonnie Nati, assisted by deputy Christopher Parker.

Christopher Lynn Bayliss, 35, of Tower Road, Wyoming, was arrested June 1 following the investigation of a motor-vehicle accident on Attica Road in Alexander. He is charged with felony DWI, leaving the scene of a property damage accident, refusal to take breath test, unsafe backing of a vehicle and driving without a seat belt. He was jailed on $5,000 cash bail and is to return to Alexander Town Court on June 10.

Bryan H. Fetterly, 28, of Barrville Road, Elba, is charged with harassment in the second degree -- physical contact, and criminal mischief in the third degree -- damaging property of another person in excess of $250. It is alleged that on West Main Street in the City of Batavia on May 30 Fetterly and two other subjects were in a vehicle when an argument took place. Fetterly allegedly kicked one of the subjects several times before exiting the vehicle and then struck the vehicle, causing damage to that vehicle. He was arrested and released on an appearance ticket and is to be in Batavia City Court on June 3. The incident was investigated by Batavia PD officer Chad Richards.

Allen W. Gray, 34, of Oak Street, Batavia, was arrested and charged with harassment, 2nd, following an incident on South Main Street, Batavia, on May 29. Batavia PD officers went to investigate a disturbance complaint and it's alleged that Gray shoved two people following a verbal altercation. He was issued an electronically generated appearance ticket and released. He is scheduled to appear in Batavia City Court on June 3. The incident was investigated by Batavia PD officer Stephen Cronmiller, assisted by officer Christopher Camp.

Mamie M. Baugh, 36, of Dewey Avenue, Rochester, is charged with third-degree assault following an incident on May 25 on Bank Street in the City of Batavia. She was arrested after Batavia PD responded to a disturbance at that location. She was issued an appearance ticket for city court. The incident was investigated by Batavia PD officer Keven DeFelice, assisted by officer Nedim Catovic.

Joseph Bennett, 26, of West State Street, Albion, is charged with criminal possession of stolen property and petit larceny. He was transferred to Batavia Police by Albion Police on May 29 after being arrested on a warrant for violation of Genesee County probation. He was jailed in lieu of $5,000 cash or $10,000 bail bond and is due in Batavia City Court on June 6. The incident was investigated by Batavia PD officer Nedim Catovic.

Darrin Mitchell Brown, 24, of South Pearl Street, Oakfield, is charged with criminal contempt, 2nd. On June 1, he was arrested by a Sheriff's deputy for allegedly violating a court order of protection by threatening the protected person. Brown was issued at appearance ticket and is scheduled to be in Town of Oakfield Court on June 16 to answer to the charge. The incident was investigated by deputy Joseph Loftus.

Joey Aaron Evans, 23, of State Street, Batavia, was arrested by Batavia PD on May 29 on a bench warrant issued by Batavia City Court for allegedly failing to comply with drug court and petit larceny. He was jailed on $2,500 cash bail or $5,000 bond. He is to appear in city court again on June 26.

Michael D. Snyder, 42, of Pringle Avenue, Batavia, is charged with petit larceny. He was arrested following an incident on May 30 wherein he allegedly took a 30-pack of Budweiser beer from Top's Market without paying for it. Snyder fled eastbound on Route 5 and was apprehended near the Batavia Fire Department. He was released on an appearance ticket and is to appear in city court on June 3. The incident was investigated by Batavia PD officer Chad Richards, assisted by officer Richard Schauf.

John A. Snook, 26, of Gillette Road, Albion, is charged with petit larceny for allegedly stealing $51.95 in merchandise from Walmart on May 14. He was arrested by Genesee County Sheriff's deputies and is currently in Orleans County Jail and is scheduled to appear in Town of Batavia Court on June 16. The incident was investigated by deputy Joseph Loftis.

A 16-year-old student at Pavilion High School was arrested on May 30 and charged with criminal possession of a controlled substance, 7th. The student was allegedly found in possession of a controlled substance while at the high school. The student was issued an appearance ticket for Pavilion Town Court at a later date. The incident was investigated by Sheriff's deputy Chad Minuto.

Manure pile on fire on Marble Road

By Billie Owens

A manure pile is on fire at 8122 Marble Road, according to a farm hand there. Pembroke and Indian Falls fire departments are responding. The location is between Akron and Gabbey roads.

UPDATE 1:05 p.m.: The site is next to the alpaca farm. A responder on scene says "it's smokin' pretty good."

UPDATE 1:31 p.m.: Fire is out. Indian Falls is back in service.

UPDATE 1:49 p.m.: Pembroke is back in service.

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Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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