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Demolished mobile home reportedly on fire in Bethany

By Howard B. Owens

A mobile home that was torn down is now reportedly on fire at Clipknock Road and Torrey Road, Bethany.

There is no exposure to other structures.

Bethany Fire and Stafford Fire dispatched.

UPDATE 11:34 p.m.: A first responder reports no smoke or fire. "The trailer is completely gone. There's a dumpster. There's no fire at all."  Both assignments can go back in service.  The "fire" was reported by a passerby.

UPDATE 11:42 p.m.: Now Bethany and Stafford are dispatched to 9525 Clipknock Road for the report of an unattended controlled burn, a brush fire.

New report addresses growing crisis in county's fire and EMS coverage

By Howard B. Owens

There is a crisis brewing in fire and EMS coverage in Genesee County, but it's invisible to most area residents, according to a report released this week by the Office of Emergency Management.

The report was prepared by Municipal Resources, a consulting firm hired to review the state of fire and EMS services locally and recommend changes.

"The challenges that are facing the fire and EMS services in Genesee County are very real; there is a crisis that is slowly building, and has been for a considerable period," the report states. "The reason that many stakeholders, municipal leaders, and the general public do not see 'evidence' is the long tradition in both the fire and EMS services of 'getting the job done.'

"Looking ahead," according to the report, "the implications of not taking action will be quite simple: service levels will continue to diminish, some companies and EMS agencies may fold under financial pressures or because they are just not viable responders any longer, and fewer and fewer most likely aging volunteer members will be trying to respond to an increasing number of requests for service."

The 278-page report contains 95 recommendations to improve services and ensure the long-term viability of fire and EMS services in the county.

The report was presented to local media for the first time on Wednesday night at the Fire Training Center on Bank Street Road in Batavia by members of a task force formed two years ago.  The members, which included volunteer firefighters, elected officials, and Tim Yaeger, emergency management coordinator, set a goal of finding actionable recommendations on how to improve things and not just produce another study.

The goal is not a countywide fire service
The purpose of the report as some have assumed, said task force chairman Eric Weis (president of the Bergen Fire Department), is to push through a replacement of the current volunteer fire department system with a paid, countywide fire department.

He noted the report contains this statement: "It should be clearly understood by all stakeholders that the focus of this report is to augment and not supplant existing fire and EMS resources. Therefore, recommendations are focused on better utilization of existing organizations and resources while maintaining, supporting, and strengthening existing organizations."

Weis put the same sentiment in his own words.

"The volunteers are the backbone of the emergency services in the county," Weis said. "This is not intended to, again, take away from that. It's intended to enhance it. And I also want to say that, yes, there are issues, but, you know, the members of the volunteer departments in this county put forth a hell of a lot of effort every day. I think the needs are being met."

The biggest challenge for fire departments and EMS companies in Genesee County is the nationwide decline in volunteerism.  Genesee County is not unique.  People are much less likely to volunteer for anything, let alone service as demanding as firefighting or emergency medical assistance.

The report states:

The only reason why the challenges the system is facing both today and looking to the future are not more evident is because of the passion and dedication of the members of the county’s fire and EMS organizations who continue to answer the calls for service. But the number of active volunteers is declining in the county as they are everywhere, and many of those who remain are aging. 

 

The crisis of volunteerism
The report anonymously quotes a volunteer chief, "Volunteerism is being killed by social changes and increasing training standards for liability reasons. With fire call volumes being low and EMS requests high, we are at the point of high-risk low frequency events being a large concern. People don’t want to put in the time to train to fight one or two fires annually."

Long gone are the days when a young person could volunteer for the local fire department, be handed a helmet and coat, and start showing up at fire scenes. Now volunteer firefighters must go through hours and hours of training just to get started, and dozens of hours more every year to advance their skills.

And "volunteer" means they don't get paid for any of that time, either training or responding to incidents.

"I think most people in the community have no idea the amount of hours that they (volunteers) commit to this job," said Yaeger (first inset photo). "They are many hours away from home, away from family, away from work, to get this job done. 

"I think many citizens probably assume that volunteers are compensated to some extent," Yaeger said later. "And other than food and refreshments at a training or after an event, there is no compensation."

Among the 95 recommendations offered by Municipal Resources is finding some way to make some sort of compensation possible, be it monetary, health insurance, or gift cards to local businesses. But that isn't possible currently because state law prohibits any compensation to volunteer firefighters.

County Legislator Gordon Dibble, who served on the task force, said he and his fellow elected officials are ready to try and tackle that problem, which means going to the state Legislature to change the law statewide or working with Assemblyman Steve Hawley on a change in the law allowing Genesee County to become the first county to compensate volunteer firefighters and EMS personnel.

"I don't think we've (the Legislature) talked about that," Dibble said. "We haven't come to that, but I could agree with you that might be a way to go. It might help our situation. It starts somewhere and sometimes it starts with a small tiny county government that moves it up through the state."

Compensation needs to be an option
New York needs to catch up with other parts of the country, Yaeger said, when it comes to compensating volunteer firefighters.  In other parts of the country, volunteers aren't paid wages as much as they are provided pay on a per diem basis.

"They're being paid a stipend," Yaeger said. "They're being paid to be on-call. They're being paid to go to training. They're not making what a career firefighter is making, because they're just being paid or compensated when they're performing a duty for the community. That's something else that we need to pursue. And that needs to happen sooner than later because it's just inevitable."

One option to make volunteer firefighting less of time management challenge is to give volunteers on-call schedules so they know when its their turn to respond to any calls that come in and are prepared to respond.

"I did get some feedback from a friend of mine in the department who said with his job, it's tough for him to come on a whim on a call at certain times of day," said Weis (second inset photo). "He's working constantly. But if he had a set day, where he knew that he was on duty, his eyes opened up to that. That is something that would make being a volunteer more efficient."

The EMS crisis
The report also highlights the challenges facing ambulance providers, whether the all-volunteer services provided by departments such as Byron, Bergen, Alexander, and Bethany, or the paid-personnel services, what Yaeger refers to as "commercial," such as Le Roy Ambulance and Mercy EMS.

Currently, the mixture of volunteer and commercial EMS services are keeping response times in most of the county under four minutes for basic life support calls and eight minutes for advanced life support.

These are critical numbers when the calls are for cardiac arrest (less than two percent of EMS calls) or stroke.

The report states:

Heart attack and stroke victims require rapid intervention and care, and transport to a medical facility. The longer the time duration without care, the less likely the patient is to fully recover. Numerous studies have shown that irreversible brain damage can occur if the brain is deprived of oxygen for more than four minutes. In addition, the potential for successful resuscitation during cardiac arrest decreases exponentially, 7 to 10%, with each passing minute that cardio-pulmonary resuscitation (CPR) or cardiac defibrillation and ALS intervention is delayed. Few attempts at resuscitation after 10 minutes are successful. 

Keeping EMS services staffed is both a challenge for volunteer departments and Mercy EMS and Le Roy Ambulance.  The training hours to qualify as a crew member can be up to 150 hours and the duty is hard and often puts EMTs in harm's way. 

Mercy EMS recently went through a staffing crisis that required assistance from services from outside the county and the turnover in personnel is frequent, with employees either finding the work isn't for them or using their training and experience as a stepping stone into a career as a paid firefighter.

"The environments that they're working in are not the best environments," Yaeger said. "People don't need to know what some of those environments are but it's a dangerous job. They're exposed to a lot of things that they probably shouldn't be exposed to."

In New York, as in most of the country, ambulances are not considered an essential service, like police and fire services.  Municipalities are not required to provide EMS coverage.  The report suggests that needs to change.

Among the consultants' recommendations, as one option, is the creation of a countywide EMS service.

This model would have the county assume all EMS response and transport responsibilities for EMS. The county would have to hire full-time personnel and purchase all equipment and vehicles to staff four units. These units would need to be housed in strategic locations across the county to meet response time benchmarks county wide. While this concept is relatively new in New York state, several counties have either implemented this type of service or, are exploring the concept. 

Countywide cooperation
While the report doesn't call for a countywide fire service, there are recommendations for standardizing operations.  That means establishing compatible Standard Operating Procedures across all departments so that when departments are working together, they're all using the same tactics and methods.

"Everyone in the fire service knows that we're already responding regionally," Yaeger said. "So how do we formalize that to make sure that everybody is on the same sheet of music? How do we make sure that the funding sources are there and available for all those resources to come in so we're not duplicating resources, we're not duplicating equipment?"

Getting everyone on the same sheet of music could eventually lead to a countywide department, but that won't happen any time soon, Yaeger said.

"Thirty years from now, 20 years from now, could there be a county-wide fire service? I won't be here to see it. Not in this position. But sure, it could happen," Yaeger said. "It takes time to see if it's even necessary. It may not be necessary. We may find that there are ways to work together and make our system better without forming a countywide service."

Going forward
With 95 recommendations, there is a lot for all the stakeholders to consider what priorities should be tackled first.  That process will involve everyone at all of the departments as volunteers read the report and come back with recommendations.

Task force members say that so far, the report has been received favorably, but they know that there will be those who resist change of any kind.

"(Somebody) coined the phrase that 'firefighters say the two things they hate the most are the way things are, and change,'" Yaeger said.

Weis said he hopes to see each department provide the task force with five, 10, or maybe 15 priorities from the 95 recommendations. The task force will use that feedback to come up with 10 to 15 action items to tackle first.

"We really want feedback first from the departments," Weis said. "Before we kind of settle on the 10, or maybe 15, before we settle on those, we want the feedback from departments. We don't feel we want to just dictate the solution."

PDF Downloads:

Top photo: Six members of the task force, from left,  Eric Weis, president, Bergen Fire, Mike Heale, chief, Elba, Bob Mruzak, fire chief, Bergen, Tim Yaeger, Genesee County Emergency Management Coordinator, Gordon Dibble, Genesee County legislator,  Donna Hynes, supervisor, Town of Elba. Not present and not pictured, Legislator Greg Torrey and Pavilion Supervisor Robert LaPoint.

Photos by Howard Owens

Opinion: Cornerstone Church is not risking its tax-exempt status by hosting the ReAwaken America Tour

By Howard B. Owens

Calm down, people. I see your comments on social media. 

Paul Doyle and Cornerstone Church in Batavia are not jeopardizing the church's tax-exempt status by hosting the ReAwaken America Tour, no matter how political you may believe the event to be.

And no matter how odious you may find it.

The activity is protected by the First Amendment, and that is good for all of us.

Here's what the IRS says about political activity and nonprofit status:

  • the organization must be organized and operated exclusively for religious, educational, scientific or other charitable purposes;
  • net earnings may not inure to the benefit of any private individual or shareholder;
  • no substantial part of its activity may be attempting to influence legislation;
  • the organization may not intervene in political campaigns; and
  • the organization’s purposes and activities may not be illegal or violate fundamental public policy. 

The First Amendment protects free speech and was written with the specific intention of protecting political speech.

From the earliest days of the republic, churches received tax-exempt status because of the belief that religious institutions should be free from government entanglement.

The Establishment Clause cuts two ways -- no government-mandated religious belief for individuals and no government interference in religion.  

Taxation leads to government entanglement.  Think for a moment about the damage an unsavory government agency could do if it had an audit or enforcement power over churches.  

Tax-exempt status isn't some government charitable contribution to religious organizations, or even an attempt to help them make more money to serve some mission that benefits society (though that is part of it).  It's primarily designed to keep the government from interfering with religious freedom.

We lose sight of that original intention because religious organizations operate under the same tax-exempt status as every other nonprofit organization.  That is by design because, again, the government must remain neutral on the question of religious freedom, and by applying the same rules to religious organizations and secular organizations, they ensure neutral, objective standards are being applied equally.

The IRS is very clear -- endorse candidates, lobby for legislation, and you're engaged in impermissible political activity.  

But no nonprofit is prohibited from hosting a political event or speaking out on political matters (though most are loathe to do so out of fear of the IRS).  Such a prohibition would violate the First Amendment rights of the organization and its members.

But the government, through IRS, has created a firewall between nonprofits and political campaigns to prevent potential corruption, the potential abuse for political purposes of nonprofit status.

There are some in the religious community, such as Pastor Jim Garlow, at Skyline Wesleyan Church in La Mesa, Calif. (a church I used to attend many, many years ago, when John Maxwell was pastor), who believe that the IRS rule violates religious freedom.

The problem with Garlow's position on changing the IRS rule just for churches is that it would diminish the concept of equal treatment of all nonprofits.  That could lead to the end of all prohibitions on campaigning and lobbying for nonprofits if the IRS is to remain neutral in how it enforces such rules.

Without government neutrality, religious freedom is jeopardized.

Which is why Cornerstone Church's political activity this week is an activity we should all defend if we really cherish our liberties.  We may find some of the content of the speeches offensive and odious. We may see the ideas advanced by some of the speakers as a threat to our democratic republic.  But it's all free speech.  And the best defense against speech we find distasteful is more speech. It is not calling on the government to censor the speakers or using the government to deprive them of their platform.

As much as Donald Trump's name gets bandied about, he is not currently an official candidate for any office, so speaking favorably about Trump is not a violation of the IRS rule. Of course, even if he was a candidate, speakers in a religious venue can still speak favorably of him without telling people to vote for him (an endorsement).  There is no evidence that speakers at the Tour are using the Tour to call for legislative changes (the other IRS portion of the rule).  While there is a lot of pray and praise in the remarks at the rally, it is clearly a political rally, but a Constitutionally protected political rally.

By the terms of IRS rules and the Bill of Rights, that's OK.

On social media, links to the IRS's complaint site have been repeatedly posted by some people.  It's ironic that people who think the speakers at ReAwaken America want to impose some sort of dictatorship are calling on the rest of us to use the power of the state to try and shut up their political opponents.  That's calling for government censorship and that is just as objectionable as any belief anybody may have about what these speakers stand for.

If you don't like the Tour, use your free speech right to speak out. Hold your own rallies and press conferences, as some have done. Feel free to say you don't want RAT in our community because you think it makes our community look racist, uneducated, and backward (if that's what you believe).  Tell Paul Doyle he shouldn't have brought RAT into Batavia (if that's what you believe). But don't expect the government to shut down an event or organization you don't like. That's just authoritarianism under another banner.

Two people shot in Batavia, no life-threatening injuries reported

By Howard B. Owens

Press release:

On August 12th at 4:14 PM, Batavia Police responded to the area of Elm Street and East Main Street for a reported shooting. Upon arrival, BPD officers located two victims in the area. Both victims were treated by the City of Batavia Fire Department and Mercy EMS. MercyEMS transported one victim to UMMC with non-life threatening injuries and one victim was treated on the scene. BPD is actively investigating the incident at this time, however has determined that there is not an ongoing threat to the safety of the public or residents in the area.

Anyone with information in regards to the incident is asked to contact Detective Ivison at (585) 345-6350, or contact BPD through the confidential tip line at (585) 345-6370.

As thousands gather for ReAwaken event, pastors across town speak out against Christian Nationalism

By Howard B. Owens

Christian Nationalism is a threat to freedom and the American way of life, a group of pastors told a small gathering in a parking lot behind the First Baptist Church in Batavia this morning, while across town about 3,000 people were gathered at Cornerstone Church for the ReAwaken America Tour.

Among the speakers at First Presbyterian was Rev. Nathan Empsall, an Episcopal minister and director of Faithful America, an online organization that Empsall said puts its faith in action for social justice and love.

"Christian Nationalism, is defined by researchers and academics as a cultural framework and a political ideology, a political world worldview, not a religion," Empsall said. "Christian Nationalism, is the merging of the national American identity with a religious identity, making them one in the same, saying you aren't a real true American unless you're a conservative Christian. The hallmark phrase of Christian Nationalism is that America is a Christian nation. That's not true, of course. We are a pluralistic nation."

Empsall said Christian Nationalism is a threat to freedom in America.

"The goal of Christian Nationalism is not to follow Jesus," Empsall said. "The goal of Christian Nationalism is to seize power, political power, at any cost, no matter who you have to hurt along the way. No matter how many rights you have to take away from other groups, no matter how many elections you may have to try and overturn despite the will of the voters. It's typical of authoritarian movements in this regard."

He tied many of the speakers at the Tour event to the Jan. 6 insurrection, when Donald Trump supporters stormed the capital to try and overturn the presidential election results. 

He suggested that while the ReAwaken America Tour may not be explicitly violent, it does builds the framework for future political violence.

"When we talk about the threat of violence, we're not saying ReAwaken America is a bar and at the end it's gonna have a drunken brawl in the parking lot," he said. "You might not see violence today. What we are worried about is another January 6 happening, but perhaps not in the nation's Capitol, perhaps in every town or local state capitals when elections don't go the Christian nationalist way next time.

"When you raise the stakes as high as they come and demonize your opponents in God's name, you don't have to tell people to commit violence," he added. "They connect the dots."

That said, he is ready to embrace Mike Flynn and Roger Stone, he said, two Trump allies and former advisors speaking at the Tour event, as brothers in Christ.

"Now look, if Mike Flynn and Roger Stone, and the pastors who are with them today, tell me that they are Christians, I believe them," Empsall said. "I don't know their relationship with God. I don't know their heart. I do not doubt them. But I do know that their actions and their words are not Christian actions. They are not Christian words.

"So this morning," he added, "as we hear all the lies from Qanon 2.0 about public health and about democracy -- we ask them to know the truth for the truth shall set you free. We say to Clay Clark and Mike Flynn, 'brothers, don't bear false witness. Come home like the prodigal son.' We follow the Prince of Peace. We love our neighbors. We don't call them Team Satan because they don't share our politics or because they share a different approach to our faith or to faith itself."

Rev. Roula Alkhouri, the pastor of Batavia First Presbyterian Church, hosted the event.

"Our hearts are broken," she said. "Because of the damage this tour, this ReAwaken America Tour, has already caused around our country, using the cover of religion to sow division and hate. I have experienced this kind of hate personally since I started speaking up and saying that we shouldn't have this here, this kind of language and this kind of hate-inciting event. I've received a lot of hate for this."

Pastor Mark Burns, at ReAwaken America Tour, leads prayer for NYS attorney general

By Howard B. Owens

Pastor Mark Burns prayed for New York's attorney general, Letitia James, and her family, during his appearance at the ReAwaken America Tour at Cornerstone Church in Batavia on Friday.

James earlier this week reportedly sent a letter to Pastor Paul Doyle, telling him that she was concerned the event could lead to racial violence.

Burns, an evangelist and failed congressional candidate who has reportedly appeared on a right-wing TV show and said parents and teachers of LGTBQ children should be executed, told the mostly white audience that all patriots, regardless of race, were welcome into the movement.

As of early this afternoon, no protestors had been seen on Bank Street Road.  The lone deputy parked in a driveway in the area said he had not seen any protestors.  There was no other additional local law enforcement at the location during the times The Batavian was at the church or in the area.  People at the event have generally been friendly, from what we've observed, toward members of the media. The staff has been friendly and helpful though the event seems disorganized at times and speakers have not appeared on schedule.  There is a significant contingent of private security at the event and signs at the entrance noting that guns and knives are prohibited.

The Batavian will provide additional coverage of events related to the tour, both at the church and away from it, throughout the weekend.

Gene Ho, President Donald Trump's campaign photographer, sharing stories about working with Trump.

Photos: ReAwaken America Tour getting underway at Cornerstone Church in Batavia

By Howard B. Owens

The ReAwaken America Tour has arrived in Batavia.

Among the opening events this morning was a truckers' convoy on Bank Street Road past Cornerstone Church, where the event is being held.

Pastor Paul Doyle, who agreed to host the event after it was canceled at a venue in Rochester, has denied that the tour promotes political extremism.  Critics say event speakers peddle conspiracy theories and racism and that the rhetoric can lead to violence, such as the racially-motivated mass murder at a supermarket in Buffalo in May.

Today's speakers include retired General Michael Flynn, pardoned by President Donald Trump after being convicted of lying to the FBI during investigations into his dealings with foreign nations.  Flynn is scheduled to speak in the morning on "Why now is the time to act without fear and hesitation to save this God-given republic."

Other speakers include Kash Patel on "what is actually going on in America," Doctor Bryan Ardis, on COVID-19 protocols involving remdesivir and midazolam, Christie Hutcherson on why we must protect our borders, Julia Flynn, on a "practical plan to save America," Lance Wallnau, on God's "chaos code," Mel K on the "great reset," Dr. Rashid Buttar on the "COVID-19 chaos," Jim Meehan on fighting back against "medical corruption."

Eric Trump is speaking in the afternoon on "why the Trump family has committed their time, talent and treasure to help save America."

In the early evening, Roger Stone, also pardoned by Trump after his conviction on charges of obstruction, making false statements, and witness tampering, will speak about how Jesus can save America.

As things were getting underway this morning, a number of vendors were already in place offering books, t-shirts, hats, jewelry, paintings, and other wares to the attendees (photos below).

The Batavian will have coverage throughout the weekend of the event at Cornerstone as well as counter-events at other locations in Batavia.

The stage in the main event tent ready for guests and speakers.

Schumer: 'We want to build the future in Batavia, not Beijing'

By Howard B. Owens
Remote video URL

The pandemic exposed a weakness in the U.S. economy, Sen. Charles Schumer said today while at a car dealership in Genesee County -- not enough computer chips are manufactured in the U.S., leading to a shortage in the semiconductors that help cars, along with phones, computers, and appliances, run.

Currently, only 12 percent of chips are manufactured domestically, according to Schumer, compared to 37 percent in the 1990s.

Many foreign competitors, including China, are investing heavily to dominate the industry, Schumer said. Nearly 75 percent of global semiconductor production is now occurring in East Asia, and foreign government subsidies drive the majority of the cost difference for producing semiconductors overseas and in the U.S.

In response, Schumer, the majority leader in the Senate, introduced the CHIPS and Science Act, which with the president's signature this past week, is now law.

It provides over $50 billion in federal incentives to get more chips made in the U.S.

"We say (in the bill), not only do they have to make the chips here, but they can't make any more of them in China," Schumer said. "That is very, very good for America. We're saying we want to build the future in Batavia, not Beijing, in Syracuse, not Shanghai. So I wrote this legislation with upstate in mind."

Schumer is bullish on WNY STAMP, the 1,250-acre technology park that is now shovel-ready in the Town of Alabama.  He believes that before long, there will be a semiconductor plant at the park.

"Companies are seeing upstate New York is the place to be," Schumer said. "We hope there'll be many more. And we're fighting very hard to get one at STAMP. It is seen as a great opportunity at some of the chip companies -- I'm not allowed to say who -- but they have already visited here a couple of times. The bottom line is that manufacturing chips here in New York has the potential to be our 21st century Erie Canal."

He promised to do everything he can to attract chip manufacturers to upstate New York.

"We have more shovel-ready sites, including the STAMP facility right here in Genesee County than any place in the country," he said. "I'm gonna use my clout as majority leader in making (upstate New York) the center of the country with $5 billion of federal money for all of our semiconductor advanced research and development, which attracts people here. We have a great workforce here. We have great universities here. We have cheap water and cheap electric power, which these chip plants need as well, so you put that all together, and we are ideally suited now that this bill passed."

From a press release, highlights of the legislation:

Specifically, Schumer highlighted that the bill includes:

  • $39 billion for the CHIPS for America Fund to provide federal incentives to build, expand, or modernize domestic facilities and equipment for semiconductor fabrication, assembly, testing, advanced packaging, or research and development to help attract major chip manufacturers to shovel-ready sites like STAMP in Genesee County.  
  • $11 billion for Department of Commerce research and development including creating a National Semiconductor Technology Center (NSTC) a public-private partnership to conduct advanced semiconductor manufacturing, with Albany Nanotech primed to be a top contender to serve as a major hub for the NSTC, and other specialized R&D programs that universities across the state are in a strong position to compete for.
  • $2 billion for the DoD CHIPS for America Defense Fund.
  • $200 million for the CHIPS for America Workforce and Education Fund to kick start the development of the domestic semiconductor workforce, which faces near-term labor shortages, by leveraging activities of the National Science Foundation.
  • A new Investment Tax Credit for semiconductor manufacturing facilities and equipment.

Schumer explained that New York is uniquely suited to take advantage of these federal investments to reassert America’s global technological leadership. New York is currently home to over 80 semiconductor companies that employ over 34,000 NY workers, including global industry leaders like GlobalFoundries, Wolfspeed, onsemi, IBM, and other major microchip and innovation companies that support them like Corning Inc. in Monroe County which just announced a $139M, 270 job expansion in anticipation of this bill. Schumer said investments like these are only the beginning though, and now that his bill has finally become law, the ripple effects from more chip fabs and their supply chains being built in places like Upstate New York will give companies like Baxter and the American economy the stability it needs to avoid shocks like this again in the future. 

Warrant issued for woman accused of letting dog OD after she fails to appear in court

By Howard B. Owens

A Batavia woman accused of allowing her dog, Oddey, access to narcotics, leading to emergency veterinarian treatment for overdoses three times, was a no-show in City Court on Thursday afternoon.

Cassandra Elmore may be in the hospital, acording to a friend who called court about four hours before Elmore's case was to be called, but City Court Judge Thomas Burns had no proof that the claim was true, so he issued a warrant for her arrest.

Elmore's court time was at 1:30 p.m., and there were several other cases then as well. Burns finally called her case at 2:40 p.m., and she was not in court. Her friend was informed that the court would require proof of Elmore's admission to a hospital -- a call an email or a fax from the hospital.  The court received no proof of the claim prior to her case being called.

According to police reports, Elmore showed up at veterinarian offices on May 21, May 25, and June 21 with Oddey unconscious.  

Investigators believe Oddey consumed cocaine on two of those occasions and either cocaine or another narcotic on the third.

Elmore, 30, a resident of River Street, Batavia, faces three counts of injuring an animal under New York Ag and Markets Law Section 353.

Previously:

Defendant in arson cases accepts plea deal with 10-year prison cap

By Howard B. Owens
Matthew Zakrzewski

A Batavia man accused of starting fires on three different occasions in January entered guilty pleas in County Court Wednesday to counts of arson in each, the second and third degrees. 

Matthew Zakrzewski, 42, is likely to be sentenced to 10 years in state prison on Sept. 14 as part of a plea agreement he accepted.

Zakrzewski was facing several other felonies -- which have not yet been presented to a grand jury for possible indictment -- and without the plea deal could have been sent to prison for up to 25 years.

In court today, Zakrzewski admitted to starting a fire at Washington Towers on Jan. 16, and on the same date, setting a 2009 Jeep Patriot on fire.

As part of the plea, Zakrzewski agreed to pay more than $10,000 in restitution to the arson victims.

His attorney, Fred Rarick, raised a concern about the restitution agreement because Washington Towers made a claim for replacement property in new condition, which the law doesn't require.

Rarick said he was looking for legal, fair, and equitable restitution.

District Attorney Kevin Finnell said the plea offer included stipulation to restitution as claimed, and if Zakrzewski didn't want to accept those terms, Finnell was ready to present the case to a grand jury.

At that point, Zakrzewski piped up and said, "Mr. Rarick, it's fine."

Previously:

Opinion: The irony of socialists teaching us about authoritarianism

By Howard B. Owens

The Democratic Socialists of America are coming to Batavia on Friday to teach us about fascism

Oh, the irony.

From the Constitution of DSA:

We are socialists because we reject an economic order based on private profit ... We are socialists because we share a vision of a humane social order based on popular control of resources and production, economic planning, equitable distribution, ...

In other words, authoritarianism -- just like the fascists -- dressed up in the pretty language of egalitarianism.  

The attack on private profit should scare all of us. It means the wages you earn -- what Edmund Burke called the "fruits of labor" -- shouldn't belong to you. Your profits, the money you earn from your labor, should belong to the state. The state should decide how best to spend what you earn in order to better distribute the resources.

In socialism, there would be no private property, no locally owned small businesses, and nobody working on trying to create wealth for themselves and their families. It would all be share-and-share alike.

We saw already how well that worked in the Soviet Union. 

DSA members I've debated with over the years like to say that they just want to bring a European kind of socialism to the United States. This is supposedly a kinder, gentler kind of socialism. The major problem with their position is that the countries they point to -- Denmark, Norway, Sweden, etc. -- are not socialist. They are solidly capitalist, free market economies. Their spending priorities are perhaps different, but there is no prohibition against private enterprise, against individuals and shareholders owning companies, and even growing fabulously wealthy, even becoming billionaires. There are in fact, 12 billionaires in Norway and 30 in Denmark.

You know who is socialist: Cuba and North Korea -- failed, dictatorial regimes, and China, wealthy, but one of the most repressive governments on the planet.

It's hard not to despair for the future of America sometimes. We are beset by right-wing blowhards on one side who think they should control the levers of power and tell the rest of us what to think and how to live, and a growing socialist movement on the left who want to destroy the very thing that made America prosperous -- the free market. 

Now, these two conflicting ideologies are converging on Batavia while those of us in the middle, who simply want to go to work and take care of our families and be left alone to live in peace, can only standby and gape in disbelief. 

Suggested reading:

Young golfers get into the swing of the sport at Batavia Country Club camp

By Howard B. Owens

Young golfers got a well-rounded experience at the annual Batavia Country Club Junior Golf Camp, according to Pro Tom Tucker.

The back-to-back camps were held in late July and early August.

The camp for kids 7-10 was July 25 through July 29 and the camp for kids 11-15 to was Aug. 1 through Aug. 5.

Instructors included Tucker, a Top-100 golf teacher, Roxanne Noeth, 14-time Batavia Country Club Women's Club Champion,
and Dominic NiCastro

Tucker said that during the week, golfers competed in various contests as well as team competitions along with their instruction and practice sessions.

"All in all, the kids had great weather, made new friends, and had a great time," Tucker said.

For more photos and information, click here

Submitted photos.

Top photo: Back row, left to right: Ashton Mapes, Aiden Flaherty, Mike Richenberg, Patrick Casey, Dan Mudrzynski, Hunter Sprague, Nolan Rogers, Joe Wujiec, Joe Mudrzynski, Garrett Morris, Front row, left to right: Dakota Ford, Melina Moscicki, Lena Meyer, Crimson Hurd Alex Tomidy, Luke Mills, Gavin Philp, Jacob Knowlton, Levi Fisher, Absent from photo: Maisse and Delia Yunker

Boys Champion - Brayden Jachimowicz shot a 33 to squeak by Sawyer George and Cody Carlson by one stroke each. Girls Champion - Jada Fite shot a 33 and edged out Brooklyn Jachimowicz (Brayden's sister) by a single stroke in two very exciting finishes.

Photos: Monday's sunset in Genesee County

By Howard B. Owens

Monday's sunset in Oakfield, overlooking Lamb Farms. Photo by Kristin Smith.

Sunset in Stafford.  Photo by Josiah Smith.

Sunset in Bethany. Photo by Rick Forrester.

Photo on Horseshoe Lake Road.  Photo by Melissa LeSage.

City Church, Batavia PD host Community Night Out this evening

By Howard B. Owens

The Batavia Police Department, in conjunction with The City Church, hosts its annual Community Night Out event this evening, a community-building campaign that promotes strong police-community partnerships and neighborhood camaraderie to make safer neighborhoods.

The event starts at 5:30 p.m. 

Various organizations and groups once again will be participating, which will include free food, a bounce house, games for kids, and more.

Photo: File photo from 2021 by Howard Owens

 

Opinion: The Hardcore Happening reminds us why small-town life is good

By Howard B. Owens
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These are times that reward cynics.  Every news cycle brings some new outrage, disappointment, or worry.

But America isn't a complete mess.  As long as people like Jesse and Jolene Coots are in the world, we'll be alright.

Jesse and Jolene own a few acres on Linwood Road in Pavilion where they raise their kids and operate their businesses.

More than a dozen years ago, they decided to invite a few friends over who share their passion for hot rods (Jesse operates the Old Soul Hot Rod Shop in a garage behind their house) to burn rubber on the asphalt of Linwood Road.

At most car shows, it's "look, don't touch," and keep the noise and dust to a minimum, please.

Jesse figures hot rods are built to run. They may be art but they're not museum pieces.  So he decided a few years ago to let his friends run their rods on his street.

The concept proved popular and the event has grown every year since (he's now built a driveway for burnouts so the public street is no longer used).

When I first heard about the event in 2019, Jesse said there were 2,000 people in attendance.  This year, he said 3,000.


See also: Photos & Video: The 2022 Hardcore Happening in Pavilion


Perhaps the most remarkable part of the Happening is how smoothly the operation goes.  Jesse's staff -- and it's a big staff -- is all volunteer.  They chaperon the attendees, feed the throngs, and keep everything running smoothly.

The beauty of it all is how fun and friendly the whole event is.  Jesse brags every year about how little trouble there is.  After everybody leaves, there won't be a beer can left on the ground, he says.  People help each other out.  One year, somebody who had never attended before showed up sans a cooler of beverages. They didn't go thirsty.  Their new friends kept them hydrated.

One reason it all holds together is Jesse has a few rules -- he says there's only one, just be kind to each other.  But on his social media posts, he lets guests know in clear, straightforward language what's expected.  The gates open at 1 p.m., not 10, for example.  And no pets.

And, "-Everyone’s car is special. If yours is so special that you need to park and rope it off, leave it home and just come enjoy the show… "

Also, "This is my home and place of business. This is my children’s home and my wife’s castle. We welcome you, we love you. Love us back and watch over our place, pick up after yourself, and don’t be a scumbag. You will get called out by everyone. This crowd follows suit and doesn’t tolerate people being scumbags. Be good, we will treat you good."

Oh, did we mention, "NOT PETS!!"

One thing I like -- it's not a rule -- it's not even anything I've known Jesse ever to request, but I've noticed: There's no politics. I've never even seen a political t-shirt worn by an attendee let alone heard a political discussion.

That helps keep that no discord, no rancor feeling in the air.

As Jesse says, if you love cars, regardless of who you are, your background, or your beliefs, you're welcome.  He wants you just to come, have fun and make new friends.

After I left the Coots homestead on Saturday, a lot of the burdens I might have carried there seemed to have magically disappeared by the time I left.  That doesn't often happen in my job.

There's something special about the Hardcore Happening.  Sure, I like hot rods and classic cars, but not like Jesse, not like his closest friends, not like most of the people at the Happening.  I'm not an aficionado. The event is fun to video record and photograph -- it's a visual treat -- but that is not what is special to me about the Hardcore Happening.  What's special is that vibe -- it's hippie-like simplicity and happiness. I halfway expect peace signs posted around the property.  There's more kindness in the air than there is burning rubber and gas fumes.

Now that I've known Jesse for a couple of years, I think I know why that is -- he is contagiously friendly, open, and welcoming.  He wants the best for everybody around him. 

And this is what's special about small town life.  There are people like Jesse and Jolene Coots around.  There are a lot of good people in Genesee County, and in my job, I'm fortunate to know many of them, but it is events like this that should remind us that no matter how bad it gets out there, it's good right here.

Photos & Video: The 2022 Hardcore Happening in Pavilion

By Howard B. Owens
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The roar of engines, the smell of burning rubber, the squeal of tires on slick concrete, along with the friendly and welcoming vibe that marks every Hardcore Happening were in the air on Linwood Road, Pavilion, once again on Saturday.

The 2022 Hardcore Happening -- in its 16th  year, with a year lost to the pandemic -- brought in at least 3,000 hot rod enthusiasts to the Coots Family annual party for friends, and if you love cars and love people, you're a friend to Jesse, Jolene, and their kids.

Photos by Howard Owens.  For more photos and to purchase prints, click here.

See Also: Opinion: The Hardcore Happening reminds us why small-town life is good

Photo: Batavia Swing Band serenades County Park supporters

By Howard B. Owens

The Genesee County ACORNS sponsored a concert on Saturday evening at the Genesee County Park & Forest to benefit the group's conservation efforts featuring the Batavia Swing Band.

More than seventy people attended.

The band featured post-World War II swing but sampled the scope and history of Jazz music for the audience.

During these photos, the band was playing Glenn Miller's "Moonlight Serenade."

Photos by Howard Owens.

Photos: 36th Annual Empire State Antique Truck Show

By Howard B. Owens

 

The Empire State Antique Truck Association held its 36th Annual Truck Show on Saturday at Sunday at the Western NY Gas and Steam grounds in Alexander. 

It was the first time for the show at the steam grounds after traditionally behind hosted at the Stafford Firemen's grounds.

What was the same was dozens of classic trucks and tractors on display along with a flea market.  There was also a tractor pull on Saturday.

Photos by Howard Owens.

Democratic Socialists protest 'fascists' at Cornerstone Church

By Howard B. Owens

Protesters returned Sunday to Bank Street Road in Batavia, across from Cornerstone Church, to protest a planned event for this coming Friday and Saturday that one spokesperson said is giving fascists a platform.

"A lot of people have come together as a really big, again, like a mishmash of different efforts who are all people who want the same thing -- which is for the RAT (ReAwaken America Tour) to not be in Batavia and for places like churches not to support fascism," said Lauren Berger, a Mount Morris resident.

She said people who have been featured speakers at previous ReAwaken America events have supported fascist ideology and they should not be given a venue to spread that ideology.

She said that was the reason she and other members of Democratic Socialists of America opposed the same event being hosted in Rochester. Pressure on the owner of the Armory there is what led to the event being canceled, and it was then booked in Batavia when Pastor Paul Doyle agreed to host the event at his church.

"We had been telling the armory not to allow this type of event, not to give these people a platform for their hateful ideology," Berger said. "And not to elevate this as a valid viewpoint. And this isn't, this isn't, you know, conservative, low taxation. This is, you know, (saying) LGBTQ plus people and their allies should be executed for treason. They are peddling COVID conspiracies and election denials, and myths about George Soros, and just all kinds of things that are not a valid place for discourse in our society. This is not a valid viewpoint. This is not an equal and opposite side."

While Berger expects some sort of opposition event in Batavia during the Cornerstone event, she said she doubts it will take place on Bank Street Road, across from the giant white tent expected to hold 3,000 people. She cited the limited space along Bank Street Road and safety concerns for counter-protestors being in close proximity to people at the event, whom she views as a threat to engage in violence.

"The thing about fascism is, you know, everybody here resisting fascism would be content if the fascist went home, and just didn't do this event and kind of renounced those views," Berger said. "A fascist won't stop until those standing in their way are dead. So the safety risk is pretty profound."

In prior interviews with The Batavian, Paul Doyle, senior pastor of Cornerstone Church, has said the event is to be a Godly one, and not at all what protesters have claimed.

"We are fully behind this event, and resolved on our stance to host the ReAwaken America Tour," Doyle has said. "We see this as a Christian-based assembly addressing the many issues that face American people, offering a biblical perspective."

Tour organizers will be meeting with local law enforcement to discuss "security procedures" either Monday or Tuesday, Doyle said to The Batavian Sunday.

For previous coverage of the ReAwaken America Tour coming to Batavia, click here.

Photos and video by Alecia Kaus / Video News Service. Interview by Alecia Kaus / Video News Service.

News Editor Joanne Beck contributed to this story.

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