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All your snowmen are about to melt

By Howard B. Owens

This snowman on Walnut Street may have survived the Blizzard of 2014, but it's not likely to fair well Saturday when temperatures hit the high 40s and we get a bit of rain.

A flood watch remains in effect from 7 a.m. Saturday to 1 p.m., Sunday.

Photo submitted by Steve Ognibene.

Collins backs bill to exempt volunteer fire departments from Obamacare mandate

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) spoke on the floor of the House of Representatives in an effort to protect local volunteer fire departments from ObamaCare’s expensive and burdensome mandates. Collins is a cosponsor of legislation (H.R. 3685, the Protecting Volunteer Firefighters and Emergency Responders Act), which will ensure volunteer service responders are not classified as full-time employees under ObamaCare.

“In November of last year, I wrote a letter to the Acting Commissioner of the IRS seeking a specific exemption for volunteer responders, but my office has yet to receive a reply,” Congressman Collins said. “Since the Administration will not correct this disservice to America’s volunteer EMTs and firefighters, we must act legislatively.”

For tax purposes the IRS classifies volunteer emergency responders as employees. With this employee designation, large volunteer fire departments will be subject to the ObamaCare Employer Mandate, forcing them to provide health insurance to their volunteers or pay a significant penalty.

“These unnecessary costs will cripple the strong volunteer fire community that protects Western New York and the rest of the country,” Congressman Collins said.

H.R. 3685 is sponsored by Rep. Lou Barletta (PA-11) and is currently in front of the Ways and Means Committee for consideration.

Matt Landers appointed assistant county manager

By Howard B. Owens

Press release:

After an extensive and time consuming national search that included 61 potential candidates. A short-list of 3 – 5 finalists was reviewed by County Management members and the best fit for both the County Manager’s Office and Genesee County government as we progress in this second decade of the 21st Century will be the appointment of Matthew Landers as the new Assistant County Manager effective February 1, 2014.

Matt, a native of Elba and presently a City of Batavia resident, brings his skills and enthusiasm and 10 years of experience as Deputy County Treasurer to his new role as a key operative in the Chief Administrative Office of Genesee County government and the recently revised duties and responsibilities of Assistant County Manager.

Matt is replacing Frank Ciaccia a 21+ year veteran of the Genesee County Manager’s Office who can now truly “retire” from active duty which he has very capably been doing since he announced his retirement in May 2012.

Matt and his wife, Melissa, are the proud parents of two children, Katie and Ben.

The transition from the County Treasurer’s Office to the County Manager’s Office has been and will be a joint collaboration between the two administrative arms of Genesee County government.
 

Statement from Batavia PD on robbery of pizza delivery driver

By Howard B. Owens

Press release:

On January 8, 2014 an armed robbery occurred at 113 Jackson Street in the City. Two suspects both described as black males between the ages of 18 – 24, both wearing face masks, robbed a pizza delivery person at gunpoint.

A delivery had been set up for the address and upon the arrival of the delivery person, the two black males confronted the female delivery person inside the entryway of the building. One of the suspects displayed what appeared to be a handgun and stole (cash) from the female. They then fled the area on foot and were last seen running south on Jackson Street.

Officers combed the area on foot with the assistance of the Genesee County Sheriff’s Office K-9, however were unable to locate the suspects at that time. Detectives were called to scene and processed the scene.

Anyone with information is requested to contact the Batavia Police Department at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370. Information may also be submitted online using at http://www.batavianewyork.com/police-department and clicking on the “Report Suspicious Drug or Criminal Activity” link.

“This type of criminal activity won’t be tolerated” stated Chief Shawn Heubusch, “When, not if, we catch the persons responsible for this act, they will be prosecuted to the fullest extent of the law.”

“I strongly encourage anyone that has any information, however slight, to contact the Police Department and assist us in solving this crime.” Heubusch said. “We need your help to keep our neighborhoods safe.”

New council president looking forward to shepherding body that works together smoothly

By Howard B. Owens
Brooks Hawley

One of the main goals of Brooks Hawley, the new City Council president, is to make sure the council works together as a team.

They will all have their own opinions, of course, but members of the council should work together as a cooperative unit as they tackle such issues as the upcoming city budget.

He even expects newly elected Councilman Eugene Jankowski and City Manager Jason Molino to bury their differences and move on.

Jankowski is a former Batavia PD lieutenant who was forced out of his job last year when all lieutenant positions were eliminated from the city's budget. Even before that, Jankowski and Molino didn't always see eye to eye.

"People may have issues with people in the past, but I think they need to move forward from that and work as a team with the other eight city council members," Hawley said.

During last night's meeting, Jankowski sought a change in the language to council rules relating to council members contacting members of city staff.

The current language is unclear, Jankwoski said, because the rules infer council members can contact department heads but they must go through the city manager's office.

Councilwoman Rose Mary Christian said she contacts department heads all the time and doesn't see the need to change the rules, but Jankowski said a memo has already gone out to city staff telling them that if Jankowski contacts them, they are to refer him to the city manager's office.

"City employees have been ordered not to talk to me," Jankowski said.

Councilwoman Patti Pacino said the rule is necessary to help prevent, as may have happened in the past, council members abusing their position, contacting department heads to get things done for a specific council member first rather than prioritizing work on a community-wide basis.

The issue of the rule change was tabled until the council's next conference meeting.

As for the budget, Hawley said he doesn't have any preconceived ideas about what budget priorities to pursue. He is eager to see what city staff presents and dig into it.

He does oppose any tax increase.

"I think we should hold the line," Hawley said. "I never want to raise taxes. That's not why I got into office. I don't have a personal agenda on anything. I want to serve the people of Batavia and I want to hold the line."

Hawley said he would like to see more recreational opportunities in the city.

For anybody expecting a change in the current trash collection system, Hawley thinks it's a dead issue.

"I believe we dealt with that," Hawley said. "It's in the past. It's not going to go back in the budget. I believe what we have now is going to be status quo."

Young dairy farmer in Pavilion says agriculture is a great career choice

By Howard B. Owens

The way Pavilion resident Stephen Gould sees it, a career in agriculture is a great choice for a young person. There's opportunity, innovation and lots of options for somebody industrious enough to jump into the field.

Gould speaks today at the NYS Agriculture Society's annual meeting in Liverpool as part of a panel called "The Next Generation of Agriculturalists: Millennials' Perspective on Their Future in Agriculture."

He'll be joined on the panel by three other recent college graduates who are pursuing careers in agriculture.

After two years at Alfred State, Gould transferred to Cornell and earned a degree in animal science. He graduated in May and took a job as a farmhand on his family's farm on South Street Road, Pavilion.

Har Go Farms was founded by his grandfather in 1956 and is now run by his father, John, and mother, Sue. Gould expects someday he'll run the organic dairy farm, but for now, he's cleaning out stalls, managing the summer grazing and helping to build a winter shelter for calves.

It's his full-time job and it's exactly what he wants to do with his life, he said.

"I think it's a great lifestyle," Gould said. "You can do anything here. You can be a mechanic, a veterinarian or an accountant. When you're a farmer, it's always changing every day. You also get a great sense of accomplishment, to build something, take something as unorganized as nature and organize it into something productive."

While Gould has chosen to be a farmer, he said one of the great things about agriculture today is there are so many jobs in research, farm services and production. A young person really has a world of options.

"There's a lot of youth who are excited about jobs in agriculture," Gould said.

With exploding demand for food around the world, especially in China and India, it's really an exciting time to be in the ag business, he said.

"Then domestically, there's a lot of innovation," Gould added. "In dairy, you have Greek yogurts, drinkable yogurts and new spinoffs on just plain milk. There's strong demand for dairy, but there's other work. There's research being done on how to improve production, how to get more production per acre of crops or vegetables."

In Gould's own family, there's a clear example of the diversity of career opportunities for young people. His brother Michael graduated from Cornell with a degree in food science and now works for Chobani in Idaho. 

Gould's other brother, Matthew, is a student at Penn State and his sister Kathleen is an occupational therapist.

The farm went organic in 2008 and Gould thinks it was a good move.

"It's hard because there are fewer tools," Gould said. "But the whole organic philosophy is they don't want to kill anything. They don't want to use chemicals to kill bugs or use chemicals to kill weeds. They're all natural and holistic. I agree with that approach. I think any farmer, deep down, would not want to use any tools. They would love to make it all work, but organic isn't as productive. On the operations side, it's not as efficient. That's the constant challenge, to make it efficient. It's been a steep learning curve for us."

The Goulds run 150 head of milking cows on the 600-acre farm. Their fields must be kept chemical free and feed must be bought from certified organic suppliers.

"I enjoy it," Gould said. "It's a challenge. It's something not a lot of people are doing and we've had pretty good success with it."

The hardest part of farming, Gould said, is that cows don't take breaks. They need constant attention.

There are no days off on a dairy farm, he noted.

Gould was a wrestler in high school but says he doesn't follow a lot of sports these days -- the Bills at the beginning of the year when it looked like they might be good, but otherwise tunes most of it out. He likes to read, especially historic novels such as "Gates of Fire."

He also does a little woodworking and enjoys spending time with friends and family, but otherwise, he works and thinks he has a pretty good, if demanding, job.

He'd recommend ag to any young person, he said.

"Whether you're on a farm or in the service side of the industry, there's a lot of growth and a lot of opportunity in agriculture," he said.

Truck drivers assist deputy being dragged by suspect's car

By Howard B. Owens
Scott Kopper

A truck driver and a tow truck operator came to the aid of a deputy today after a criminal suspect allegedly trapped the deputy's arm in a rolled up window and dragged the deputy with his car as the suspect tried to drive away.

The truck drivers used their vehicles to pin the suspect's car against a snow bank, giving Deputy Brian Thompson a chance to break the window and subdue the suspect.

Taken into custody was Scott A. Kopper, 36, of East Main Street, Corfu.

The incident began at 11:35 a.m. when Thompson was dispatched to Route 33 in Pembroke to check on a car reported off the road.

Thompson, who has had prior contact with Kopper, recognized the driver and after checking with dispatchers, learned Kopper was wanted by NYS Parole.

Kopper allegedly refused to exit his vehicle, despite numerous requests by Thompson.

When Thompson attempted to stop Kopper from leaving the scene -- his car had been extricated from the snow bank by the tow truck driver -- Kopper allegedly rolled up his window, trapping Thompson's arm.

A witness said Kopper then tried to drive away, dragging Thompson about 100 feet.

With the vehicle rendered immobile, the two truck drivers assisted Thompson in subduing Kopper.

Thompson suffered bruising and minor cuts and scrapes, but escaped serious injury.

Kopper was charged with two counts of assault in the second degree. Additional charges are pending. Kopper was jailed on $25,000 bail.

Kopper is the former owner of WNY Blacktop Sealers.

Pizza delivery driver says he was robbed at gunpoint on Jackson Street

By Howard B. Owens

A pizza delivery driver reports he was robbed minutes ago at gunpoint on Jackson Street near Highland by two black males, both wearing black hoodies.

One had a red scarf on his face.

The two suspects are described as possibly teens and were last seen running down Jackson Street.

They were wearing blue jeans.

Batavia PD is responding.

UPDATE 8:58 p.m.: The robbery occurred at 113 Jackson St. An officer on scene confirms a suspect displayed what the victim believes was a handgun.

UPDATE 11:10 p.m.: Press release from Batavia PD:

The Batavia Police Department is investigating an armed robbery that occurred at 113 Jackson Street.

At approximately 8:50 p.m. on Wednesday January 8th, 2014 a pizza delivery person had been making a delivery at 113 Jackson Street when the delivery person was robbed by an individual who displayed, what was described by the delivery person, as a handgun. The suspect took (the cash) and left the area on foot. No injuries were sustained by the delivery person.

The Genesee County Sheriff’s Office K-9 assisted at the scene.

Anyone with information is encouraged to contact the Batavia Police Department at 345-6350.

Hawley's response to Cuomo's State of the State: More tax cuts, please

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is responding to the governor’s 2014 State of the State address by challenging him to deliver the tax relief he has promised. Hawley wants to see the governor actually deliver on his rhetoric to bring significant tax relief to upstate New York families.

“It is normal for politicians to talk about tax relief in an election year, but usually, the so-called relief that is delivered is not enough to give our middle-class families the help they need,” Hawley said. “If the governor is the leader he claims to be, he will pass a tax-relief package that takes money from Albany’s special interests and puts it in the pockets of Upstate New York’s families. Also, the governor needs to deliver on an unfulfilled promise to pass mandate relief for our counties and municipalities, which would help lower property taxes.”

In addition to calling for tax relief, Hawley renewed his pledge to fight for the Second Amendment rights of Upstate New Yorkers. He hopes the courts will find the NY SAFE Act unconstitutional and has also introduced legislation to repeal the SAFE Act in order to hold those who passed it accountable for their actions.

“We are approaching the one-year anniversary of the passage of the SAFE Act. This should renew all Second Amendment advocates’ deep resolve to get this unconstitutional law repealed. I have been working for the past year with Second Amendment advocates to organize our opposition to the law, and I will continue that fight in the coming year,” Hawley said.

Hawley is also pushing for a vote on his “Two New Yorks” bill. This legislation would allow counties to place an initiative on the ballot on whether the citizens want New York to be split into two states due to the divergent interests of Upstate and Downstate New York.

“Since the SAFE Act was rammed down the throats of the people of Upstate New York under the cover of darkness, the frustration with Downstate special interests has grown exponentially. When combined with the highest in the nation taxes and unending regulations imposed by Downstate bureaucrats, Upstate New Yorkers deserve to have their voices heard on whether or not they want to continue to be linked with Downstate New York,” Hawley said.

Here's Sen. Mike Ranzenhofer's response:

State Senator Michael H. Ranzenhofer has issued the following statement in response to Governor Cuomo’s State of the State Address:

“Today’s State of the State message made it clear that tax relief will be at the top of the to-do list. Enacting a property tax cap and reducing income tax rates has started the process of chipping away at New York’s high tax burden. Yet, New York State still finishes near last place when ranked by tax climate.

“That is why I am pleased that the Governor followed the lead of the report released by my colleagues in the State Senate to reduce, simplify and eliminate taxes across the board. Eliminating the tax rate for manufacturers in Upstate New York will enhance firms’ ability to invest, expand and create jobs. Accelerating the phase-out of the 18-A surcharge will put more money back in households’ wallets, while helping to keep energy costs down for businesses. I have been an advocate of these tax-relief initiatives for several years now.

“One of my major legislative priorities will be cutting taxes for all New Yorkers – small businesses, manufacturers, families, retirees, young professionals, property owners and seniors – at every level. Overall, tax relief with the farthest reach, and to as many New Yorkers as possible, will help to ensure a brighter, stronger and more prosperous economy for Western New York.”

Reader photo: SOS - Send Beer

By Howard B. Owens

This was what was painted on a snow bank outside the home of Tim Walton (who sent in the picture).

Photos: Snowman comes to life on Ellicott Avenue

By Howard B. Owens

Amanda Page and Nate Cromwell built a snowman in front of their home on Ellicott Avenue this afternoon. The snowman was dressed in University of Arizona garb because Page worked for the football team last year.

Photos: Minor injury accident on West Main Street near River Street this afternoon

By Howard B. Owens

At about 3:30 p.m., a car driven by a female struck the back of a semi-trailer on West Main Street near the intersection of River Street.

Both vehicles were westbound.

City fire, City PD and Mercy EMS all responded.

The woman suffered minor injuries and was transported to UMMC for evaluation.

No further information available at this time.

Power outage in the City of Batavia, unknown extent

By Howard B. Owens

A seemingly widespread power outage has apparently hit a portion of the City of Batavia.

We've heard reports of power out on the Southside, on Park Road, West Main and all of the stop lights from Ross Street to the west are out.

The Batavian Office, at Main and Center, downtown, currently has power.

There's also a report of some people not having mobile phone service.

National Grid has not yet released any information about the outage.

Reminder: There's no need to call 9-1-1 or the emergency dispatch center about the power outage. Dispatchers are aware of the outage, have no real information about it, and can't help you get your power back on. Calls to emergency dispatch should be reserved to an actual fire, police or EMS need. The Batavian will strive to keep you as informed as possible about the outage, as information becomes available.

UPDATE 1 p.m.: City fire is responding to a report of a smoke smell in the building at the Salvation Army on Jackson Street. As for the power outage, Batavia PD is stationing officers at key intersections for traffic control.

UPDATE 1:17 p.m.: There are 4,484 National Grid customers without power. The outage is the entire west side of Batavia and as far north as the Village of Elba and south to Alexander. No word on why or an ETA for repairs. There's a question as to whether Batavia PD will man traffic control locations for an extended time period because of weather conditions. Verizon customers appear to be without service and we've also heard that Time Warner customers may be without service.

UPDATE 1:30 p.m.: From a National Grid spokesman: "It appears we've lost power to a substation that serves a good portion of the city, approx. 7,800 customer accounts. Crews have been dispatched but we do not yet know the cause or the restoration estimate. I'll get that to you as soon as we have it. We received our first report only about 15 minutes ago." That would be now, 20 minutes ago. Also, 7,800 is probably the number of accounts citywide, but the outage appears to have hit only about half the city and some outlying areas. We'll try to clarify the count."

UPDATE 3:11 p.m.: Power was fully restored about 10 minutes ago. Stephen Brady, spokesman for National Grid said the power outage was caused by an "ingress" of water into the switch gear, which caused a breaker problem.

UPDATE 3:17 p.m.: Actually, it looks like the area between Batavia and Elba is still without power. Some 500 customers affected.

UPDATE 4:40 p.m.: Photos added of traffic tie-up at Oak and Main during the power outage, with Batavia PD directing traffic. At this point, there are a total of 11 customers in the city without power.

Insert cliched headline about 'Batavia digging out' here

By Howard B. Owens

Here's some day-after-the-big-storm pictures.

Above, City firefighters digging out a fire hydrant on Ellicott Street.

Sandy Stendts shoveling snow on South Main Street.

Greg Rada blowing snow on Lyons Street.

A city employee plowing a sidewalk on Oak Street.

Traffic on Oak Street. Streets remain covered with compacted snow (and some of it not so compacted).

Centennial Park.

The Rowell Mansion, Ellicott and Richmond.

Law and Order: Oakfield man accused of DWI after property damage accident

By Howard B. Owens

Evan Ryan Kotarski, 22, of Oak Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, driving under the combined influence of drugs and alcohol, unlawful possession of marijuana, leaving the scene of a property damage accident, speed not reasonable and prudent and failure to keep right. Kotarski is allegedly the driver of a vehicle involved in a one-car accident at 11:45 p.m. Sunday on South Pearl Street Road, Oakfield. Kotarski's car reportedly spun out and struck a fire hydrant and a utility pole. Kotarski allegedly fled from the scene, but was located a short distance away.

Tyler Pasquale Schroder, 21, of Lewiston Road, Oakfield, was arrested on a bench warrant for alleged failure to pay the fine on a petit larceny charge. Schroeder was arrested following his release from the Wyoming County Jail on an unrelated matter and taken to Elba Town Court for his alleged failure to pay the fine on a petit larceny charge. He was jailed on $600 bail.

Oscar Enrique Martinez, 31, of Federal Drive, Batavia, was arrested as an alleged fugitive from justice. Martinez was being held at the Buffalo Federal Detention Facility in Batavia and was awaiting deportation. Martinez reportedly has 15 aliases and was being held under the name of Andres Luna-Nogroto. He was identified as by Manatee County, Fla., officials as a subject wanted for alleged sexual battery. Martinez was arraigned in Town of Batavia Court and ordered held without bail pending an extradition hearing.

Carlos Enrique Reyes, 39, of 1259 Lyell Ave., Rochester, was arrested on a warrant for alleged criminal contempt. Reyes was arrested upon his release from the Monroe County Jail, where he was held on an unrelated matter, for alleged failure to appear in Bergen Town Court. Reyes was arraigned and released on condition that he submit to a DNA test and return to court on Jan. 15.

Robert L. Kaufman, 52, of Akron Road, Akron, is charged with trespass and stalking in the 4th degree. Kaufman was arrested following a complaint of harassment reported at 12:40 p.m. Jan. 5 at an undisclosed location in the City of Batavia. Kaufman was jailed on $2,500 bail. No further details released by Batavia PD.

Juan A. Roman, 36, of Portland Avenue, Rochester, is charged with harassment, 2nd, three counts of endangering the welfare of a child and criminal contempt, 1st. Roman was allegedly involved in a domestic dispute at 11:30 a.m. Saturday at a location on Ellicott Street. Roman was arraigned and ordered held without bail. No other details released by Batavia PD.

Accident with injuries reported on Route 19 at Selden Road

By Howard B. Owens

A two-car motor vehicle accident is reported on Route 19 and Selden Road, Le Roy.

Le Roy fire and ambulance dispatched.

There are reportedly a number of cars off the road at Ford Hill.

UPDATE 6:54 a.m.: A chief on scene confirms multiple cars off the road. Route 19 is being shut down.

UPDATE 6:55 a.m.: DOT requested to the scene. Heavy ice conditions. More manpower requested to the scene.

UPDATE 7 a.m.: Another vehicle is reported off the road on Griswold Road, Le Roy, with significant damage. There's also a property damage accident, reported before the one on Route 19, on Perry Road. The travel ban for the county was only just lifted now.

UPDATE 7:06 a.m.: A deputy informs dispatch that unless DOT can get the road cleaned up, Route 19 is going to be shut down for a while.

UPDATE 7:11 a.m.: Le Roy's ambulance, with no patients to treat, is being repositioned at Selden Road so its emergency lights can be used to help control traffic. It's in service if needed for a medical call. A DOT plow just arrived on scene, but the truck doesn't have any salt. A chief says, "He can't help us. Don't send him through. I don't need that here."

UPDATE 7:56 a.m.: All vehicles have been removed. Le Roy fire is keeping the road shut down until it's salted. The DOT truck is expected back, with salt.

Genesee County travel ban lifted, effective 7 a.m.

By Howard B. Owens

Sheriff Gary Maha has lifted the travel ban for Genesee County effective at 7 a.m.

"Weather conditions have improved and winds have lessened," Maha said in a statement. "Visibility should not be a problem, however, many roads are snow covered and slippery. Caution is recommended when driving."

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