It's a big slushy, sloppy, slick, spongy mess on Genesee Couny roads tonight.

The National Weather Service put out a special whether statement at 10:30 p.m. advising us that we can expect this slush all night, making for potentially hazardous travel conditions.

Anybody returning from the Notre Dame/Elba basketball game in Dansville on Route 63 tonight hit a roadblock at Route 36 because of an accident. I took 36 north to York Road and was behind a long line of cars. York Road was covered by something much more like snow than the slush we encountered starting in Pavilion.

Temperatures in Batavia are not predicted to drop below 36 degrees, but the precipitation is expected to be relentless.

The City of Batavia has three salt trucks out working city streets.

As for basketball, Notre Dame upset Elba 45-40, ending the Lady Lancers' 44-game winning streak and dashing hopes of a state title repeat. We'll have photos and a story posted as soon as possible (probably not until mid to late morning).

Nick Sabato was at the Batavia game for us and will have a story later. The Blue Devils crushed Livonia 76-38.

A tractor-trailer and sedan have collided at 7695 Big Tree Road, Town of Covington. Pavilion Fire Department and Mercy medics are responding. It's not yet known if the accident is blocking traffic. Mercy Flight's availability is being checked.

UPDATE 9:26 p.m.: Mercy Flight out of Batavia and Buffalo is not available due to weather conditions.

UPDATE 9:28 p.m.: The roadway is iced over heavily and it does not look like the state DOT has cleared the roads. Emergency responders are told to use extreme caution. A responder on scene reports one minor injury. The accident is partially blocking traffic. A second ambulance is called in.

UPDATE 9:35 p.m.: Southbound traffic will be stopped at routes 63 and 246. The semi-truck driver will need to be checked out. The personal vehicle had driver's side impact and the driver will need to be evaluated.

UPDATE 9:38 p.m.: The accident is deemed to be completely blocking northbound traffic.The site is near the Agrifab & Repair facility.

UPDATE 9:58 p.m.: The semi-truck driver is declining medical treatment. The second ambulance is cancelled. The driver of the sedan is being taken to UMMC.

UPDATE 10:30 p.m.: The driver of the sedan, an 18-year-old female, is being taken to UMMC with a complaint of lip pain.

UPDATE 12:40 a.m. Pavilion back in service.

Each time Niagara Falls police officer  Kelly Alcorn has appeared in court, it's been to answer to a new charge stemming from the same alleged incident Aug. 25 at the Darien Lake Performing Arts Center.

Each time she's entered a not guilty plea.

"And we mean it," said her attorney Norman Effman after her appearance in Genesee County Court this afternoon.

Alcorn is accused of getting into a scuffle with another patron inside the ladies' room at the Jason Aldean concert.

According to an indictment handed down by the Genesee County Grand Jury, Alcorn allegedly slammed the victim's head against a cinder block wall.

Alcorn was originally charged with misdemeanor harassment, but the alleged victim contacted Buffalo media to complain that she had been much more seriously injured and that she thought Alcorn should face a more serious charge.

A few weeks later, Genesee's District Attorney's Office upgraded the charge to third-degree assault after reportedly receiving medical reports, and then when the case was presented to the grand jury, the charge became assault in the second degree.

As a 20-year veteran of law enforcement, a felony conviction could end her career.

Effman confirmed today that Alcorn is currently suspended without pay.

During bail review with Noonan, Effman said that Alcorn is divorced, lives in Grand Island and shares custody of her two teenage children with her ex-husband.

She was released on her own recognizance, as she has been since her initial arrest.

The case reached this stage, Effman said, largely because of pressure exerted by the alleged victim, who has pushed the case through the media.

Effman said that any time a defense attorney takes on a case, he starts preparing for trial, but in the Alcorn case, Effman said he thinks a trial is likely, rather than a plea deal.

"She has a positive history in law enforcement," Effman said. "She has a positive history as a citizen. All of that will play into how we defend the case."

The National Weather Service is telling us to be on the lookout for some sloppy weather starting this evening.

Heavy precipitation -- rain first, then sleet and snow -- is expected to hit WNY and a hazardous weather outlook statement has been issued.

Wet snow is expected later tonight.

The forecast Wednesday through Monday is colder temperatures with more snow and minor accumulations.

New burglary charges have been filed against Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, who was arrested Jan. 1 while allegedly committing a burglary on Washington Avenue.

Batavia PD announced this morning that Smith is now a suspect in burglaries on River Street, South Main Street, Pearl Street, Madison Avenue and Franklin Street.

In all, he faces seven new burglary charges to go along with the initial charge from Jan. 1 as well as two additional charges brought by the Sheriff's Office earlier this week.

Smith is being held in the Genesee County Jail.

Notre Dame’s perfect season came crashing to end when Avon clinched the Class C1 Semifinals, 60-58.

The Fighting Irish entered the contest at 19-0 on the season, looking to win their second straight sectional championship after making it to the New York State Class D Semifinals last season. But this season they moved up to Class C and the Braves proved to be too much to handle.

“We knew it was going to be tougher,” said Notre Dame Head Coach Mike Rapone. “Even though they moved us up a class, we still have the student body of a Class D school. It showed tonight. They had a little more depth, a little more physicality, a few more big kids than we had, and it was the difference in the game.”

In the first quarter, it appeared as if top-seeded Notre Dame would take control of the game, but Avon cut the deficit to three on a buzzer-beating shot off an inbound play by Zack Rizzolo to end the first quarter.

The Braves would carry that momentum into the second as they scored the first seven points of the frame.

Not to be outdone, the Irish responded with a 13-4 run of their own to recapture the lead heading into halftime, 29-26.

The third quarter belonged to the star players on each team.

Avon’s Zach Mouw started the second half red-hot, scoring 12 of his team’s first 13 points of the frame, however Notre Dame’s Tim McCulley responded by scoring 12 of the team’s 18 points in the quarter.

“Tim did a nice job,” Rapone said. “They were really pressing hard to take (McCulley, Tommy Prospero and Jared Thornton) out of the game. Tim did what he had to do, he found the gaps and he got inside.”

Mouw had 22 points midway through the third quarter, including connecting on four shots in a row, before Rapone matched Thornton on him in an attempt to take him out offensively.

Mouw did not score a point the rest of the game, but Avon’s role players began to step up, particularly on the boards, as the Braves racked up four offensive rebounds in the fourth quarter alone.

“It was something I was concerned about, but the main reason it happened was because we had to switch defenses to stop Mouw,” Rapone said. “We had to pick our poison.”

Avon took the lead with three minutes to play after Galen Snyder scored off a Mouw pass and drew a foul in the process. Freshman Gerad Coyne would then connect on a three-pointer from the wing with 2:40 to play, putting the Braves up by six.

The Irish would then storm back, getting two quick baskets from McCulley to cut the lead to two with just over a minute to play.

Coyne would appear to step out of bounds on the ensuing possession, but Avon was granted a timeout, allowing them to run the clock down to 30 seconds before turning the ball back over to Notre Dame.

McCulley was fouled on the next trip down the floor in what appeared to be the game-tying lay-in, but the basket was waved off, forcing the Irish to inbound from underneath.

“We thought Tim had the game-tying basket but it was waved off,” Rapone said. “Calls are calls and the officials make them. You have to live with it and move on.”

Ryan Bender appeared to have an easy lay-up with 10 seconds left, but Tyler Hite rescued the Braves with a game-saving blocked shot.

Prospero would get one last heave at the basket but was unsuccessful as their season came to end.

Mouw led the way for fifth-seed Avon (14-7) with 22 points, seven rebounds and two steals as they advance to the Class C1 Finals on Saturday to play Mynderse at the Blue Cross Arena.

McCulley led Notre Dame (19-1) in a losing effort with 22 points and eight rebounds, while Prospero added 15 points, four rebounds and four assists.

In girls basketball, Batavia beat Pal-Mac 71-68. Madison McCulley scored 30 points and Tiara Filbert added 21 with nine rebounds. Essence Williams also had nine rebounds.

As it stands right now, if you're a City of Batavia resident, you have no idea who will pick up your garbage come April 1.

Monday night, the city council rejected, on a 2-7 vote, a change in the trash ordinance that, by their own admission, they asked city staff to draft. And with the Genesee ARC contract expiring March 31, it will take some quick work to come up with a new trash plan.

The clear direction from the council members after the 2-7 vote: get the city out of the trash business.

That means a municipal contract with Genesee ARC, after 28 years, will not be renewed and each property owner or resident will be free to select any trash collection vendor.

Councilman Jim Russell said that while council members heard from Genesee ARC supporters, they also heard from a lot of people who liked the proposed changes to trash collection in the city. But more, he said, they heard from people who said the city shouldn't be involved in trash collection at all.

"The City of Batavia or any government entity doesn’t belong in business if they don’t have to be," Russell said. "We have a lot of work to do. But if we can make this happen, people will have the choice they asked for."

Donna Saskowski, executive director of Genesee ARC, said after the decision that her agency is ready to provide trash service to city residents on a contract basis if the council fashions a plan that allows ARC to fulfill its primary mission: Employ people with disabilities.

"I think there needs to be some resolution and some more equitable way to charge people for trash and recycling," Saskowski said.

ARC is has always been ready to provide a rate-based service, she said.

"We never had that discussion," Saskowski said. "They never discussed that with me. We never knew about the rates. I think that’s something that’s really up to the council. We’re ready to provide a service. We’ll see what happens."

Saskowski indicated, however, there's still a chance Genesee ARC could get a sole-source contract with the city.

"I still think preferred-source vendor discussion should still be on the table," Saskowski said. "I don't think the city administration agrees with me, but I think it should.

"I was always willing to work ith the city before and I'm willing to work with them now."

The two votes in favor of the new trash plan came from Pierluigi Cipollone and Rose Mary Christian.

Cipollone pointed out that the proposal before the council was what members asked city staff to draft and by the direction of council, it reduces property taxes.

"If we're trying to be a fisically responsible council, this is something we need to do," Cipollone said.

After the decision was made, Cipollone warned that the council was about to embark on a plan that would cost city residents a lot more money.

"The people of Batavia will be spending more now on an individual basis than they would have from any of the offers on the table," Cipollone said.

Molino said he accepted the council's decision to change directions at the 11th hour.

"We did what we were asked in putting together budget, but sometimes things take turns we can’t predict," Molino said. "That happened this time, so now we respond to it."

At a Wednesday evening meeting, city staff will present a plan to the council that will keep trash out of the city budget -- meaning the 16-percent tax cut is retained -- and prepares the city for conversion to a self-selected, private-hauler solution.

Between now and Wednesday city staff will need to figure out the logistics of ensuring all city residents are ready to contract for their own trash collection by April 1, or find out if it's possible to extend Genesee ARC's contract for some period of time, buying more time for the conversion to a private-hauler system.

City council votes down proposed trash ordinance 7-2. The rest of the agenda is tabled, including the budget proposal.

Direction from council to City Manager Jason Molino is to get the city out of the trash business completely.

We posted earlier today about plans by the City of Batavia to auction off properties obtained because of unpaid taxes. One of those properties is the former Green Wolf Pub on Ellicott Street.

Potential business opportunity for somebody.

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) is carrying out a number of interviews to garner support for his legislation that would allow New Yorkers to answer the question “Do you support the division of New York into two separate states?”

Hawley has participated in, and scheduled future interviews with, high-profile outlets such as Capital Tonight, Talk 1300 Radio and WBEN Radio to highlight Assembly Bill 391, which would help Upstate and Western New Yorkers make their voices heard in state government by allowing counties to put the aforementioned question to a non-binding voter referendum.

“Due to the fact that much of New York’s population is concentrated Downstate – primarily in New York City – the vast majority of statewide legislative leaders are not from Upstate or Western New York. As a result, many local families feel their needs are ignored in state government,” Hawley said.

“I have been promoting this legislation across New York to garner support for this measure, which would allow the people of this state to decide for themselves if they would be better represented in the Capitol if New York were split into two separate states. This legislation is meant to give our local families a voice in state government, and I will continue fighting to make our voices heard in all corners of this great state.”

Hawley cited two examples of statewide policy advanced by New York City-area legislators that has drawn the ire of Upstate and Western New Yorkers -- gun control and Medicaid spending.

“We have seen time and time again that one-size-fits-all is not an effective way to approach government,” Hawley said. “When Downstate politicians tax and spend our economy into peril and infringe on our Constitutional rights, our communities are the ones that suffer. We deserve a voice at the table, and that’s what this legislation aims to achieve.”

Press release:

The President insisted that these devastating, across-the-board spending cuts become law as part of the debt negotiations back in 2011. Now four days away from these cuts taking effect, he is telling the American people the only way to avoid the pain is to raise taxes – again.

I am very disappointed the President is not working with us to find a solution. The House first passed legislation 290 days ago to replace the President’s sequester with smarter, more responsible spending cuts. The Senate and the President never addressed those bills.

The President is now threatening an apocalypse if he doesn’t get a second tax hike in eight weeks. There are smarter, more bipartisan ways to replace President Obama’s sequester than higher taxes on hardworking Americans.

The sentencing for Randy Johnson, a Batavia man who admitted in November to causing a baby's brain injuries, was delayed today because Judge Robert C. Noonan wants to hear from an expert witness before deciding how to proceed.

Noonan said he has the full range of sentencing options for Johnson, from probation to seven years in prison, but he doesn't have enough information.

"The missing companion is a medical analysis of exactly what conduct had to be occasioned on the victim in order to cause such a serious medical outcome," Noonan said.

Noonan would like prosecution to bring in either the treating physician or an expert in shaken baby syndrome to fill in the missing information.

He said the defense would also have an opportunity to present testimony and the defense would have the option of putting Johnson on the stand.

Both of the primary attorneys in the case, District Attorney Lawrence Friedman, and Deputy Public Defender William Tedford, are on vacation, therefore not in court today. Noonan asked for a date -- 10:15, a.m. March 14 -- with both attorneys able to give an estimate of the time they would need for testimony.

The hearing will set be at a later date.

On Nov. 28, Johnson admitted to causing the injuries to the baby, but entered his pleas to reckless assault on a child on an Alford plea basis. He said he cold not admit to the specific actions attributed to him by the prosecution.

The Batavia City Council meets at city hall tonight at 7 o'clock and top on the agenda are the proposed changes to how garbage and recycling are collected in the city.

The council will be asked to pass several resolutions, which will: alter the city's solid waste code; enter into a bond anticipation note to buy totes; enter into a contract with Allied Waste Services for trash and recycling collection; purchase totes from Cascade Engineering; establish a refuse and recycling fund; and set a refuse and recycling user fee.

All must pass in order for a new system to go into effect.

Supporters of Genesee ARC are expected once again to fill council chambers in hopes of persuading at least five council members to vote against the proposed plan.

If the changes go through, a 28-year relationship between ARC and the city for garbage collection comes to an end.

Following the seven resolution items, the council will be asked to adopt a budget resolution. The budget contains an 16-percent cut in the property tax rate. The reduction hinges on the new trash program. If that vote fails, it's unlikely the council will be able to approve the proposed budget and the city will need to redraft the budget.

There is no agenda item for public comment during the special business meeting.

Following the special business meeting, the council will hold a conference meeting.

On the conference meeting agenda are items to establish an investment policy and the Dwyer Stadium lease for the Batavia Muckdogs.

Also on the agenda is consideration of foreclosed properties.

The city has foreclosed on five properties for delinquent property taxes. City staff is recommending three of the properties go up for public auction and that two of the properites be provided to Habitat for Humanity for restoration.

Recommended for auction are:

• 339-341 Ellicott St., zoned commercial, valued at $60,000 and with $23,061.57 in unpaid property taxes.
• 10 Swan St., zoned commercial (but looks like a residential property), valued at $61,000 and with $18,730.08 in back taxes.
• 61 Oak St., single family, valued at $83,000 and with $24,894.08 in taxes owed.

Recommended for Habitat are 11 Harvester Ave. and 2 McKinley. Both properties were once owned by the Pontillo family. Both properties have been vacant for a considerable amount of time. Habitat, according to the staff report, has reviewed both properties and expressed an interest.

Over the past seven years, Habitat has rehabilitated five single-family homes in the city. The average assessed value has climbed from $49,520 to $68,400.

Jihad Abdul Hakiim, 19, of W. 168th St., New York City, and William A. Hucks, 18, of State Road, Webster, are charged with burglary, 2nd. Hakiim and Hucks allegedly entered a dormitory suite at College Village through a window and took two XBox game consoles and games. Hakiim was jailed on $15,000 bail and Hucks was jailed on $5,000 bail. The case was investigated by Deputy Brian Thompson with K-9 Pharoah, Investigator William Ferrando, Deputy Patrick Reeves and Trooper Eric Daigler.

Jessie Marie Cramer, 27, of Bank Street, Batavia, was arrested on a bench warrant. Cramer allegedly failed to appear in Town of Batavia Court on a petit larceny charge.

Justin Ryan Bidell, 38, of Meadville Road, Basom, was arrested on a bench warrant. Bidell turned himself in to the Sheriff's Office on a warrant for alleged failure to pay fine.

Andrew William Bruckman, of Robertson Road, Churchville, is charged with unlawful possession of marijuana. Bruckman was stopped on Route 33, Stafford, at 6:08 p.m. on Saturday by Deputy Kevin McCarthy, for allegedly pulling a trailer with switched plates and having an unregistered trailer. During the stop, Bruckman was allegedly found in possession of marijuana.

Steven Ronald Dennis, 23, of Maple Ridge Road, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding (94 in a 55 mph and 84 in a 30 mph), and unlawful possession of marijuana. Dennis was stopped at 1:21 a.m., Sunday, on Water Street, Oakfield, by Deputy James Diehl.

Eric Alexander Ion, 40, of Pike Road, Batavia, is charged with felony criminal contempt and assault, 3rd. Ion allegedly violated an order of protection by assaulting the protect party, causing injury. Ion was jailed on $2,500 bail.

Jon Hoyt Bush, 29, of Route 98, Elba, is charged with criminal contempt, 2nd.  Bush was arrested on a warrant after being released from the Livingston County Jail. Bush was jailed in Genesee County on $1,000 bail.

Cazan Jayrryary Cummings, 20, of Avenue W, Brooklyn, is charged with trespassing. Cummings was allegedly at College Village after being banned from the property.

Nicole Lee Cramer, 23, of West Main Street, Le Roy, is charged with criminal possession of a controlled substance, 7th. Cramer was a passenger in a vehicle stopped on Route 5, City of Batavia, at 1:07 a.m. on Saturday by Deputy Patrick Reeves. Cramer was allegedly found in possession of alcohol in a motor vehicle. Upon further investigation, an amount of suspected cocaine was found concealed in an undergarment.

A pedestrian has been hit at Main and Center streets, Batavia,

The pedestrian is currently in a deputy's vehicle.

No report of serious injury.

UPDATE: Female pedestrian transported to UMMC with a complaint of pain in her legs.

New York Times: Budget Impasse Signals a Shift in G.O.P.’s Focus

Today was the third annual Bridal Show at Terry Hills. Unfortunately, I got there later in the afternoon and most of the big crowd that had been there when the doors opened had moved on, but organizers said the show was a another big success.  Above, models showing off gowns from Stella's Bridal Boutique in Le Roy.

It wouldn't be a stretch to say that Sgt. John Peck, during his 25 years with the Batavia PD, has been a lifesaver.

He never fired his service weapon, and on several occasions he talked people out of jumping off roofs or into dropping a knife or gun.

He's been one of the department's hostage negotiators.

He got the job, he said, because, "I kind of had the gift of gab."

Perhaps the most stressful negotiation came near the end of his career, in November, when a resident of a boarding house on State Street fired a .357 Magnum inside his apartment.

Peck was the first officer in the building. When he got to the top of the stairs, Dennis G. Wolfe was allegedly in his doorway with his gun.

For the next 15 minutes, Peck talked. It helped, he said, that he already knew Wolfe.

Both men had guns. There were five police officers in the foyer. It was, to say the least, a tense situation.

When Peck saw a tear, he knew he had turned a corner in the negotiation.

It's always that way, Peck said. You never think you're not going to be able to talk a person away from the brink of disaster.

"Your adrenaline gets going and you get really focused and you don’t even think of not resolving it," Peck said, adding later, "You kind of tell which direction it's going, but you never feel like you're not going to to be successful."

Peck's last day on the force was Saturday.

In retirement, Peck will get a few more tattoos, ride his motorcycle when the weather warms up, and maybe get a part-time job that has nothing to do with law enforcement.

He plans to stay in Batavia, where his wife of eight years, Jennifer, and two adult children, Ryan and Ashley, live.

After growing up in Fairport and going to college, he  started his career working part time in the Livingston County Jail.

"When you're a young guy, you don't want to spend your time in the jail," Peck said. "You want to be on road patrol."

Soon, he took a police officer's job in Geneseo. Two years later, better benefits and pay lured him to Batavia.

Working in a small city appealed to Peck, he said, because while you get a good variety of calls, serious crime is still rare.

"It's not like you have homicides every day, like in, say, Rochester," Peck said.

There's been plenty of opportunity to talk with people, get to know people and work with people, Peck said, which is his favorite part of police work.

He also likes solving problems.

"When you get a complaint, you look at it like a puzzle, putting the pieces together and resolving an issue," Peck said.

In 25 years in Batavia, though, a lot has changed, though, Peck said.

There are more calls for service, more people causing more problems and a shrinking police force to deal with the call volume.

Peck's advice for the new guys: "Stick together" and learn to prioritize.

The new officers must cope with the demands of a changing Batavia, Peck said, plus they have to deal with a changing department structure (eliminating the lieutenant position, for example) and a less generous retirement package.

"They need to stick together as a group and face the challenges," Peck said.

The biggest difference Peck has noticed in Batavia, he said, is the public's attitude toward law enforcement.

"I don't see as much support for the police over the years," Peck said. "I think a lot has changed as far as respect, especially from a lot of younger people. You just don’t see the respect and you have to come to terms with that and learn to deal with it."