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Hawley wants lawmakers in new session to have a sense of urgency

By Billie Owens

Here's a 'Legislative Column' submitted by Assemblyman Steve Hawley.

“I have been impressed with the urgency of doing. Knowing is not enough; we must apply. Being willing is not enough; we must do.”

You don’t have to be a 'Renaissance Man' to appreciate Leonardo da Vinci’s advice.

Whether presented with an artist’s blank canvas or the complexities of engineering the future out of 15th Century technology, his attitude was to dare greatly without delay. In this new legislative session, the New York State Assembly must heed da Vinci’s words and act with the sense of urgency to our state’s current crisis demands.

In 2010, Albany’s legendary dysfunction reached levels of gridlock and infighting not seen since the Articles of Confederation. (This might be overstated – but only slightly.)

My colleagues and I must therefore renew our mission to serve our constituents, to earn the seats they have given us. I am committed to continuing my agenda from last year’s legislative session, including bringing jobs back to Western New York, reining in out-of-control taxes, and supporting economic growth through farming and other agricultural endeavors.

Costly unfunded mandates – essentially deferred taxes to pay for current, reckless spending – also demand Albany’s immediate attention in order to cut property taxes for working families.

Western New York’s rural communities occupy a special place in our state’s cultural and economic ecosystems. Our family farms are the sturdy backbone of the Empire State’s economy and our vast open spaces continue to draw visitors seeking peaceful, natural surroundings. It’s a way of life strengthened by a commitment to tradition and freedom for the individual.

But now, Albany bureaucrats want to change this culture of self-reliance and begin to dictate individual behavior.

The state’s Department of Environmental Conservation (DEC) is attempting to place new restrictions on property owners, including prohibiting them from burning materials or refuse in any open area. The state agency is undertaking this measure despite our lack of larger waste-management facilities found in suburban or urban areas - the very reason why some residents of the 139th Assembly District have safely and responsibly burned discarded material on their properties for generations.

A bill to prevent this power grab by the DEC was introduced in the Legislature in January 2010. Since that time, the measure has been held for further consideration in an Assembly committee. I am the prime sponsor of this vitally important legislative reform as the new session begins and will work with my colleagues to bring it to the Assembly Floor for a vote as soon as possible.

Landowners in rural communities must have the property rights protections that they deserve with the urgency required to prevent future arbitrary rulings from unelected, unaccountable government pencil-pushers.

Winter can sometimes make laggards of us, but now is no time to take it easy. As your assemblyman, I am renewing my focus and channeling my energies on the legislative priorities interrupted by last year’s chaotic session. There is no time to waste. Each day that passes is a missed opportunity to correct our course away from the fiscal cliff.

As we work together to create more private-sector jobs, reduce spending, and eliminate deficits, I will also continue to fight for your interests and our way of life here in Western New York.

As a small-business owner, I know what it takes to balance a budget. As a neighbor and friend of our region, I understand Albany’s actions can stifle economic growth and threaten individual freedoms in Western New York. This is our home, and here is my mandate: to act with urgency for your interests in 2011. ... “Being willing is not enough; we must do.”

Photo: Snowfall on Main Street, Batavia

By Howard B. Owens

Here's what Downtown Batavia looked like about 30 minutes ago. The snow has slowed considerably since then, but road crews report a new around of heavy snow crossing the county.

The weather advisory remains in effect until 1 a.m.

This is a particularly icy-slick snowstorm and there are reports of lots of cars sliding off roadways.

Two youths hurt in accidents still hospitalized

By Howard B. Owens

Two of Genesee County's young people seriously hurt in accidents this week remain hospitalized.

Cassandra Koepp, 17, injured in an accident on Wortendyke Road on Wednesday afternoon, remains in guarded condition at Strong Memorial Hospital. Strong lists all patients in the intensive care unit as "guarded."

Jordan Paul Fleming, 22, who had his legs seriously injured when his car hit a tree on East Bethany-Le Roy Townline Road on Thursday is listed in satisfactory condition at Strong.

Lots of weather-related car wrecks

By Billie Owens

Predictably, the weather is creating hazardous road conditions. There are at least four accidents now -- and cars have careened off the roads in several other places countywide.

One car is well off the road on the westbound 490 at the Bergen exit.

Another accident is reported on the Thruway at mile marker 399.9, eastbound. Pembroke and Indian Falls fire departments responded. Air-bag deployment, no injuries.

Alabama Fire Department is responding to an accident on Alleghany Road, just south of Ham Road. Car, with heavy front-end damage, and a tractor-trailer.

Route 5 overpass of the Thruway. Driver only, no injuries, heavy front-end damage.

Wanted: 200 acres near Batavia

By Howard B. Owens

If you're a landowner with at least 200 acres in the Batavia area, here's your chance to sell it.

The U.S. Department of Veterans Affairs is trying to secure a plot of land that is central to Buffalo and Rochester for a new veteran's cemetery, according to a report in the Buffalo News.

When it was pointed out that most of the land east, west, north and south of Batavia is wide open, he said, “Apparently no one wants to sell.”

At present, the closest VA cemetery for those who have served in the armed forces is more than 100 miles away in Bath.

The parcel being sought by the VA needs to be within seven miles north or south of the Thruway and no farther than 20 miles east of the Thruway and Route 77 or 18 miles west of that rural crossing.

Prospective sellers -- even a mile outside the boundaries -- should call Gary Rothfeld, a VA real estate official at (202) 495-5534.

The deadline for proposals is Feb. 16.

One-car rollover accident on Thruway

By Billie Owens

A one-car rollover accident is reported on the Thruway, eastbound at mile marker 398.8. East Pembroke Fire Department and Mercy EMS are responding. There are injuries, but their severity is unknown.

Callers say responders should use caution upon approach since there are reportedly people running across the roadway to the accident scene.

UPDATE 3 p.m.: A responder says the accident is not a rollover.

UPDATE 3:01 p.m.: Apparently there are two separate incidents. One car is off the roadway at mile marker 398. A half mile eastward, a black SUV was overturned, but is now right-side up. The occupants are out and seem to have suffered lacerations only.

Moderate snowfall predicted this afternoon and evening

By Howard B. Owens

From 3 to 5 inches of snow are expected to hit Genesee County some time after 1 p.m.

The National Weather Service issued an advisory for the expected storm, which is effect until 1 a.m., Sunday.

The forecast doesn't call for much in the way of winds, though visibility is expected to be reduced a half mile.

The NWS warns of hazardous driving conditions during the storm.

Third suspect arrested in alleged fight at Le Roy tavern

By Howard B. Owens

A third suspect in an alleged fight at the Eagle Hotel in Le Roy on Jan. 23 has been arrested and charged with harassment, 2nd.

Steven Hare, 37, of 9 Washington Ave., Le Roy, was arraigned and released following his arrest.

Hare is accused of shoving another person during the alleged altercation.

Previously charged with assault, 2nd were Thomas B. Streamer, 40, of 28 Grover St., Warsaw, and Thomas W. Sherman, 41, of 108 North St., Le Roy.

One alleged victim was taken to UMMC with with facial, head and shoulder injuries.

Law enforcement officials plan vigilance for DWI over Super Bowl weekend

By Howard B. Owens

If you plan to down a brew or two over Super Bowl weekend, local law enforcement officials hope you'll remember: Don't drink and drive.

To help emphasize the point, the State Police announced they will have extra patrols on roads throughout Western New York and troopers will also man check points at undisclosed locations.

The Sheriff's Office, according to Deputy Chief Gordon Dibble, will also have extra cruisers on the road, though no checkpoints are planned.

From the State Police announcement:

The State Police plan to provide increased patrols in hopes that increased visibility and enforcement efforts will ensure that this upcoming weekend will be a safe one for people in Western New York.

Troopers and investigators will also check on liquor stores and taverns to enforce age restrictions on alcohol consumption.

Pair of Batavia hotels get sales tax break for new windows and doors

By Howard B. Owens

A pair of Batavia hotels are getting some tax relief through the Genesee County Economic Development Center because they are installing new energy-efficient doors and windows.

A GCEDC news release says the project will mean 21 retained jobs.

The Days Inn and Super 8 at 200 Oak St., Batavia, are expected to spend more than $220,000 on the project.

The owners will save about $9,000 in sales tax on materials under terms of the GCEDC arrangement.

Ad: Arena's Pizzeria

By Press Release

Business Owners: Interested in this type of ad? Contact Howard, howard@thebatavian.com

City holds first public informational meeting on proposed Cedar Street reconstruction

By Howard B. Owens

There are three primary reasons Cedar Street needs an extreme makeover according to consultant Marc D. Kenward.

First is the poor drainage that causes cracks and potholes; second, the low clearance of the bridge at the south end of Cedar (you know, the one the trucks hit a few times a year); third, a need for improved pedestrian mobility (sidewalks).

The reconstruction of Cedar has been a goal of the city for years, but the project is now in the pipeline because 80 percent of the $3.7 million price tag will be covered by the federal government and state grants will pay the rest.

An informational meeting at City Hall this evening, which about a dozen people attended, was an introduction of the plan and an opportunity for community members to provide feedback.

There will likely be one more such meeting as the planning progresses, Kenward said.

Photo: A murder of crows

By Howard B. Owens

A murder of crows -- that's what you call a group of them, not a flock -- were hanging out on Summit Street early this evening.

With their constant caw-caw-caw they were making quite a ruckus -- like something out of Hitchcock's "The Birds." 

At one point, they seemed to have every branch in this tree covered.

Driver hurt when van clipped by tractor-trailer on Main Street, Batavia

By Howard B. Owens

A driver who was pulling out of the Arby's drive-thru exit on West Main Street apparently had her van roll in front of a westbound tractor-trailer.

The truck spun the van around, onto the sidewalk and into the front of an office building.

It's unknown at this point if the driver was unable to stop on ice or if she failed to yield the right-of-way.

The trucker drove on to the Tops Market parking lot where he reportedly felt it was safer to stop than on West Main Street.

Batavia Police and Fire responded along with Mercy EMS.

UPDATE: The driver of the van was Patricia A. Tomaszewski, 74, of Dodgeson Road, Alexander. Sgt. John Peck said Tomaszewski allegedly failed to yield the right-of-way and was issued a citation. He said her van struck the right rear axle of the trailer. The truck driver was John L. Kinnaird, 58, of Ingersoll, Ontario, Canada. Kinnaird was cited for allegedly driving on a suspended license.

Photo: C-130 over Bethany

By Howard B. Owens

While at the accident scene this afternoon, I noticed some people looking at something in the sky behind me. I turned around and it was a C-130 circling the area. One of the Mercy Flight pilots told me the C-130 pilots -- wherever they're from -- routinely make practice runs in the area.

Firefighters deal with 'tough' extrication following accident in East Bethany

By Howard B. Owens

UPDATED Feb. 4, 12:37 a.m.

Crews from Bethany and Stafford volunteer fire departments worked for more than an hour and 15 minutes to extricate an accident victim from his car on East Bethany-Le Roy Townline Road this afternoon.

The victim, Jordan Paul Fleming, 22, of East Bethany-Le Roy Townline Road, East Bethany, appears to have suffered leg injuries, according to Bethany's 2nd Assistant Chief John Szymkowiak. 

Fleming was taken by Mercy Flight to Strong Memorial Hospital.

The 1996 Mercedes sedan passed through a slushy part of the roadway, slid off the pavement and struck a tree on the front driver's side, according to the accident investigation report. The force of the impact collapsed the front of the car, including steering wheel and column onto the driver's legs.

The car essentially had to be dismantled into order to extricate Fleming.

One veteran firefighter described the extrication as the toughest he's ever been involved in.

Szymkowiak requested mutual aid from Stafford to help with the extrication.

(Initial Report)

More pictures after the jump:

Car crashes into pole, trapping driver, in Bethany

By Billie Owens

A car has struck a pole, trapping the driver inside, at East Bethany-Le Roy Road and Transit Road in Bethany.

Mercy Flight is in air, on standby. Bethany Fire Department and Mercy EMS are responding.

UPDATE 12:34 p.m.: Responder requests Mercy Flight to the scene. Serious injuries reported.

UPDATE 12:37 p.m.: Stafford Fire Department is called in for mutual aid.

UPDATE 12:38 p.m.: Law enforcement is there and controlling traffic. A landing zone is being set up on Transit Road.

UPDATE 12:42 p.m.: The "jaws of life" are called for to extricate the driver, who is the sole victim.

UPDATE 12:50 p.m.: Mercy Flight has landed.

UPDATE 1:04 p.m.: Alexander Fire Department is called to standby in its quarters.

UPDATE 1:36 p.m.: The male victim has yet to be extricated and they are working diligently to do so. The car's roof has been removed in the process. The car's front end is heavily damaged.

UPDATE 1:45 p.m.: The man has been extricated from his vehicle.

UPDATE 2:08 p.m.: Mercy Flight is airborne, heading to Strong Memorial Hospital. Alexander is released from standby.

UPDATE 2:17 p.m.: Bethany fire units are back in service. The site is being cleaned up and the roadway reopened.

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