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.

To purchase prints, click here.

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.

Washington Post: The three types of NSA snooping that Edward Snowden revealed

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.

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.

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.”