Whatever illusion Gov. Andrew Cuomo might have once had that opposition to the signature piece of legislation during his term would eventually fade away should be largely dispelled after a day like today.

Throughout New York today gun owners gathered at gun clubs to fire a single shot in protest at precisely noon in what was dubbed by organizers as "The Shot Heard Round New York."

More than 80 gun owners turned out at the Northwoods Sportsman Club on Gulf Road in Le Roy. There was also a protest in Batavia at Godfrey's Pond.

"I think it's huge that people took the time, in the rain, to come out and protest this," said Christina Marinaccio, who helped organize the event at Northwoods.

Sen. Mike Ranzenhofer and Assemblyman Steve Hawley participated in the protest.

"I thought it important to show solidarity with SCOPE and these hunting groups that are so opposed to the SAFE Act, as am I," Ranzenhofer said. "We're very dissatisfied, not only with the law itself, but the way it's been implemented."

Both Ranzenhofer and Hawley said Cuomo badly miscalculated when he rammed the unconstitutional gun control legislation through on the backs of support from Downstate interests. He clearly didn't understand how seriously the majority of Upstate New Yorkers take the U.S. Constitution.

"We're talking about the Constitution of the United States of America and as far as I know, New York is part of our country," Hawley said. "The SAFE Act was excuted last year under the cover of darkness and excluded every single New Yorker from having a discussion about the act. The papers were still hot off the presses when the Senate voted on it and we voted on it the next day.  We're run by New York City in this state and apparently those that are from Downstate choose to ignore the Constitution."

Ranzenhofer said his constituents find the legislation insulting.

"The comment I hear all the time is you're taking people who are law-abiding citizens and labeling them as criminals, and they're very offended by that," Ranzenhofer said. "These are people who have lived, and paid their taxes, here in Genesee County and across the state their whole lives. They're very upset."

One of the participants, John Marinaccio (Christina's brother), said the protest does send an important message to everybody in the state.

"We're able to unite all these people with a common interest and show everyone else out there why it's so important to us," Marinaccio said. "We feel that by rallying together like this we're proving that to people."

Christina said there is a direct problem with the SAFE Act that's going to hit the club.

"Our youth program is core of this club," Marinaccio said. "We're struggling right now because we won't be able to provide ammunition for our kids once the SAFE Act's provisions for background checks on ammunition goes through. It's really going to be a big hit for us because we really built up the program by offering the kids a chance to come down here and shoot for free."

Gusty winds and a quick downpour are expected late this afternoon, according to the National Weather Service.

A cold front pushing across far Western New York late this afternoon will be accompanied with a heavy 10-minute downpour.

This squall will push across Erie and Niagara counties, and any moment down will push across Orleans, Genesee and Wyoming counties -- 4:15 to 4:45 p.m.
 

It's an established pattern for the Blue Devils so far this season: doldrums in the fourth quarter make it hard for Batavia close out a game.

Last night against Odyssey, the home squad turned a double-digit lead into a one-point deficit with 56 seconds left in the final period.

Clutch free throws in those closing seconds sealed a 57-55 victory for Batavia, but not without a few fingernails getting whittled down among the faithful.

"It's what happens every game," said Head Coach Buddy Brasky. "In the fourth quarters we can't score. We had a number of easy opportunities in that fourth quarter in the first four minutes or so, so we can maintain that lead or extend it and we missed them."

Fatigue late in the game for Jeff Redband and Justice Fagan, and defenses designed to thwart the two most consistent scores on the team, are the issues. Typically, the two standouts play nearly every minute of the game. Defenses run either a box and one (putting a man, typically, on Redband combined with an otherwise zone defense) or triangle and two(man on both Fagan and Redband and a three-defender zone).

It's a challenging puzzle for Brasky to solve.

"It's kind of hard because I can't afford to take Jeff and Justice out of the game for very long," Brasky said. "I don't have an answer to that, quite honestly. Other guys have to step up. They keep playing that triangle and two, and other guys are getting opportunities and they have to knock down some shots. That's the answer."

Batavia scored 17 in the first quarter, 20 in the second, 13 in the third and a miniscule seven in the fourth.

Last night, it was Jarrett Laskett who stepped up and took advantage of a lax defense in his vicinity. Laskett finished with 15 points, one more than Fagan's 14.

"Jarrett's capable of scoring," Brasky said. "He hadn't done it much, but he's starting to get a little bit of an opportunity now."

Redband led Batavia with 21 points, including three threes and eight free throws. He and Malachi Chenault had eight rebounds.

As the seconds ticketed away with the Blue Devils down a point, it was Redband the team turned to once again to sink the winning shots.

This time, the offense set Redband up on the near-side wing with a look at a three-point jumper. As he got the shot off he was fouled by an Odyssey player, sending him to the line with three opportunities to at least tie the game, if not give Batavia the lead.

Redband missed the first shot.

Were you nervous? Brasky was asked after the game. He smiled. "Yes," he said, "of course."

But with the game on the line, the ball in Redband's hands is never a bad thing. His shooting stroke as sweet and smooth as honey from the comb consistently delivers results.

"Jeff's clutch," Brasky said. "I really anticipated he would make all three. I would have been shocked if he didn't make at least two out of the three. Yeah, I was nervous, but he's clutch, so I didn't really doubt he would make two out of the three."

Two shots made and Batavia is up by one with 18 seconds left in the game. Odyssey fails to score on its possession and then Tyler Crawford is fouled.

Crawford came through at the line.

"Crawford's free throw, that was a big one, too," Brasky said. "That put us up two. All they could do was tie it. We're weren't going to give them a three at that point, so worst case scenario, unless we took stupid pills, it was going to be an overtime game."

Odyssey got the ball back with seven seconds left on the clock. Plenty of time to score. A dash down the court, a scramble under the board, shoot and miss, shoot and miss, and the final buzzer blares and the Blue Devils jump for joy.

Brasky-coached teams are drilled on defense and taught to never give up more than 13 points in a quarter.

Odyssey scored 16 points in the second quarter, but those final three points came on a prayer of a jumper from 20 feet out that hit the backboard and banked into the basket. Braskey said it was almost like it didn't count from a 13-point and under calculation.

"We held them to six or eight in the third (it was eight)," Brasky said. "So it was 57-55. That's three points more than we want to give them, and that's that banked three in the second quarter, so I was happy with the defense."

For Odyssey, a player Brasky said hasn't gotten a lot of playing time this year and has done very little scoring, Jamie Magone, came through big for the visitors, leading his team with 20 points. The only other player in double figures for Odyssey was Jacob Dixon, who had 14.

The win puts Batavia at 6-3 on the year and 2-1 in league play. The Blue Devils next play Eastridge on the road and come home again Jan. 17 for a game against Greece-Arcadia. Game time is 7:45 p.m.

Top photo: Jeff Redband is fouled as he takes a three-point shot in the closing seconds of the game.

Jeff Redband drives to the basket in the first quarter.

Justice Fagan looking for a lane to the basket in the first half.

Tyler Crawford grabs a loose ball during the second quarter.

Cheerleaders during their routine at the half.

Jeff Redband Inbounding the ball in the fourth quarter to Malachi Chenault.

Jarrett Laskett

Victory celebration

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Press release:

After pressing for answers for months, Congressman Chris Collins (NY-27) says the IRS will not force volunteer fire departments to comply with ObamaCare’s expensive employer mandate.

The Department of Treasury sent a letter to Congressman Collins this afternoon clarifying its policy.

For months, the IRS and Obama Administration refused to answer if volunteer fire departments would be subject to ObamaCare regulations, as volunteers are classified as employees by the IRS for tax purposes.

“The uncertainty of this classification left me seriously concerned about the potential impact ObamaCare would have on volunteer fire companies across the country,” Congressman Collins said. “Today I am glad to share that our nation’s volunteer fire departments will not be crippled by unnecessary costs brought on by ObamaCare, so they can focus on the important work of protecting our communities.”

In November of last year, Congressman Collins wrote a letter to the Acting Commissioner of the IRS seeking a specific exemption for volunteer responders. Earlier this week he spoke on the floor of the House of Representatives in support of legislation (H.R. 3685) that would ensure volunteer service responders would not classified as full-time employees under ObamaCare.

Press release from County Treasurer Scott German:

I have very mixed emotions with the upcoming departure of Matt Landers as my deputy, I am sad that he is leaving the Treasurer’s Office, but I am very happy he is not going far; becoming the next Assistant County Manager. Matt has been with me since I became County Treasurer almost 10 years ago. I wish Matt all the best in his new position and I look forward to working with him over the next several years.

Filling Matt’s shoes will be a tough job; however I feel I have found a very well qualified, hardworking individual to assume that role. James D. Stack, 27, will be appointed by me to be the next Deputy County Treasurer as of February 1. Jim is currently an Operations Supervisor for Cardinal Logistics Management Corporation in Buffalo. Previously, Jim was an Account Manager for CH Robinson Worldwide in Rochester. Mr. Stack has a Bachelor of Science degree in Business from SUNY Brockport.

Jim and his wife, Christina, reside in the Town of Batavia. Jim is the son of Kathy and Dan Reuter, of Corfu, and the grandson of Ronald and Rose DiSalvo, of Batavia.

A motor-vehicle accident with injuries is reported at Main and Bank streets. A 79-year-old female complains of chest pain and trouble breathing. City fire, Mercy medics and police are responding.

UPDATE 11 a.m.: Main at Ellicott will briefly be closed to eastbound traffic until a tow truck removes the vehicle.

The 25th edition of the Rotary Club of Batavia Basketball Tournament has certainly been eventful.

After the tournament was postponed because of the blizzard earlier this week, the teams finally took to the court at Genesee Community College and for the second straight season, Batavia and Notre Dame will meet in the finals.

The Lady Blue Devils were forced to play without leading scorer and rebounder Tiara Filbert due to injury, but they prevailed, defeating Alexander 44-36 in the first game of the night.

The two teams appeared evenly matched after two quarters of play, as Batavia took a four-point lead into halftime.

The Trojans came out hot in the second half, eventually tying the game at 23 midway through the third quarter.

The Blue Devils responded though, using a 14-2 run to end the frame, and at one point extended their lead to 14.

Batavia looked to miss Filbert in the fourth quarter though, as Alexander cut the lead to five with just under two minutes to play.

“To lose one of your top players, you’re not the same team,” said Batavia Head Coach Marty Hein. “But the defense shouldn’t have let down. I’m disappointed we didn’t play 32 minutes of defense.”

Madison McCulley came up big though, as she knocked down a three-pointer to extend the lead to eight  and the Blue Devils would not look back.

Sophomore Sam Cecere came up big all night for Batavia, as she scored a game-high 16 points on the night.

“I told Sam that this was a real big stepping stone game for her,” Hein said. “Tiara wasn’t here and it was time for her to step up, and she did that. The last three or four games she has been progressively getting better.”

McCulley pitched in 11 points for Batavia, which improves to 7-1.

Prior to this week’s snowstorm, Perry was scheduled to take on Notre Dame in the second game, but when the games were postponed, they had to drop out due to conflict. So, C.G. Finney stepped in to take on the Fighting Irish.

Unfortunately, they were overmatched by the defending state champions.

Notre Dame opened the game on a 34-0 run and continued onward, cruising to an 87-13 victory.

“I thought we got a lot of good minutes out of a lot girls,” said Notre Dame Head Coach Dave Pero. “Down the road, you never know. We might need some of those girls. We have been getting good bench play all year and this helps.”

Mel Taylor led the way for Notre Dame, scoring a game-high 16 points, grabbing five rebounds and adding seven steals.

Rebecca Krenzer chipped in 12 points and six rebounds, while Shea Norton added 10 points and six rebounds and Burgundy Bartlett scored 11 points for Notre Dame (7-0).

Batavia and Notre Dame will meet in the championship game for the second consecutive season, as the Lady Irish took home the title with a 41-38 victory.

“Batavia is going to give us all we want,” Pero said.

“They will be ready for us. We played them last year in the finals and had a three-point game, and I don’t see it any different this year. They have good shooters and rebounders. We have to come out to play if we are going to take home the title again.”

The Blue Devils won the title back in 2012.

Tip-off is scheduled for 7 p.m. on Saturday at Genesee Community College.

Photos by Howard Owens.

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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.

Christian Science Monitor: On e-cigarette regulation

A school bus and a car have been involved in an accident in Pembroke, but no injuries are reported.

The bus is full of children.

UPDATE 8:52 a.m.: The children are being transferred to another school bus.

A car struck a pole at 7705 Bank Street Road. There are injuries and the pole is sheared off. Town of Batavia fire and Mercy medics are responding.

UPDATE 6:29 p.m.: An elderly male driver appears disoriented. A tractor driver has purposely blocked off the road, which is made hazardous by the downed pole. The wires appear to be phone or cable, not electrical.

UPDATE 6:33 p.m.: The driver is an 87-year-old male with a cut on his face.

UPDATE 6:40 p.m.: The wires have been cut and the pole will be removed from the roadway shortly.

UPDATE 6:50 p.m.: The roadway is reopened. The vehicle will be towed. Town of Batavia returning to service.

UPDATE 6:58 p.m.: The patient is being transported to Strong Memorial Hospital in Rochester.

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.

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.
 

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.”

A house fire is reported at 2884 E. Shelby Road, between Burns and Crane roads. Fire is "in the wall with flames seen." Oakfield Fire Department is responding, along with mutual aid from Alabama, Town of Batavia and Elba.

UPDATE 2:17 p.m.: Upon arriving, the fire chief reports no fire seen.

UPDATE 2:21 p.m.: The chief is holding everything to equipment already in route. Cancelling Town of Batavia.

UPDATE 2:29 p.m.: Alabama and Elba units returning, in service.

A flood watch for the area has been issued by the National Weather Service. It's in effect from Saturday morning through Sunday afternoon.

There's expected to be a significant warm up, climbing to near 50 degrees, with some rain on Saturday. The flood watch includes a portion of Western New York, including these counties: Allegany, Cattaraugus, Genesee, Livingston and Wyoming.

A period of steady rain along with significant snow melt from notably warmer weather will present the risk for ice jam flooding. Ice jams are already apparent on many area rivers and creeks. Once runoff increases on Saturday, the potential for flooding near these ice jams will increase.

The alert explains:

"High pressure over the lower Great Lakes will drift off the New England Coast tonight and Friday. The return flow around the departing fair weather system will circulate much warmer air northward from the Ohio Valley. The southerly flow will become enhanced Friday night and Saturday when a deepening storm will lift from the Southern Plains across the Upper Great Lakes. The very mild southerly flow will also include plenty of moisture. A cold front associated with the Great Lakes storm will sweep across New York State and interact with the enriched moisture supply to produce a period of steady rain.

"The combination of the steady rain along with temperatures that are forecast to climb to near 50 should result in significant runnoff with significant rises likely on area tributaries. Plenty of ice is also in place in the creeks...and the primary risk for flodding will be from ice jams. A flood watch is in effect from Saturday morning through Sunday afternoon."

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."

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.

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