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Photos: Ice skating and hockey return to Oatka Creek in Le Roy

By Howard B. Owens

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It's apparently been 40 years since anybody organized a community skate in the dead of winter on Oatka Creek in the Village of Le Roy, but that's exactly what Jay Beaumont and Jon Marcello, two of the owners of Smokin' Eagle BBQ & Brew, did today.

Beaumont said he remembered regularly skating on the creek when was growing up but thinks nobody wanted to organize anything after a child was hurt around 1980.  Still, there is still a light pole next to the creek and with the help of the highway superintendent, he found out it still works (second photo).

At around 11 a.m. they got a pick-up hockey game going.

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Photos: Bills fans in Oakfield were fired up for big game

By Howard B. Owens

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Things got a little wild today in Oakfield as local fans got ready for the first playoff appearance by the Buffalo Bills in 18 years.

Sadly, for the fans, the Bills lost to Jacksonville 10-3.

Above, Brad Hilchey, Peter Hilchey, Matthew Doran and Tom Porter.

Second photo, Tom Porter, Brad Hilchey and Matthew Doran.

Third photo, Tom Porter, Brad Hilchey and Matthew Doran.

Photos submitted by Samantha Hilchey.

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Person trapped in car after rollover accident in Alabama

By Howard B. Owens

A person is trapped in a car but is apparently not injured, after a one-vehicle rollover accident at 1636 Judge Road, Alabama.

Alabama fire and Mercy EMS responding.

UPDATE 7:04 p.m.: A chief reports, vehicle on its side.

UPDATE 7:06 p.m.: A chief confirms, no injury. The subject needs assistance getting out of the car.

Police barricade on Washington Avenue

By Howard B. Owens

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A reader provided these photos of a police barricade on Washington Avenue that is apparently in progress now.

For the past 30 minutes or so there has been a lot of encrypted/scrambled communication on the scanner. 

We have no further information at this time on the incident.

UPDATE(S) (By Billie) 9:50 a.m.: There's a structure fire here. Black smoke is billowing from the attic of a house. City fire and Mercy medics are responding, The location is between Tracy Avenue and Bank Street.

UPDATE 9:56 a.m.: One person is in custody. There are no life-threatening injuries. The address is 207 Washington Ave. Elba Fire Department is called to provide city firefighters with mutual aid. Sgt. Dan Coffey said this started as a domestic incident and that the subject in custody is suspected of starting the house fire.

UPDATE 10:13 a.m.: Officer Marc Lawrence said a female was rescued from the house fire; she did not have life-threatening injuries.

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Community Skate and Pick-Up Hockey on Oatka Creek

By Howard B. Owens

The Oatka Creek in Le Roy is ready for skating. There will be a community skate and pick-up hockey game starting at 10 a.m.

Hockey is first-come, first-served. 

Thanks to the folks at the Smokin Eagle for making it possible. 

Event Date and Time
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During visit to Batavia, Hochul pushed idea of full-time Legislature, which Hawley and Ranzenhofer oppose

By Howard B. Owens

Gov. Andrew Cuomo is pursuing ethics reform that would bar state legislators from holding jobs or owning businesses and would establish the expectation -- though not necessarily the pay -- that they are full-time elected officials.

It's the kind of reform that could potentially force Assemblyman Steve Hawley and State Sen. Michael Ranzenhofer to either quit the Legislature or give up their outside business interests.

During her visit to Batavia yesterday, Lt. Gov. Kathy Hochul said the proposal isn't specifically directed at any current elected officials, including Hawley and Ranzenhofer, but she supports the reform.

When elected officials earn income from sources other than their government jobs, it creates an inherent conflict of interest, she said.

"If you want to serve the people of your state, and this is the highest privilege there is no matter what your level of elective office, you need to respect it and not try to serve two masters," Hochul said. 

"We want legislators focused on them (their constituents) and not their outside income," Hochul added.

These proposals have come along before, Hawley said, and he thinks the idea of a full-time legislature misses the advantages of elected officials living a life outside of politics.

He said one of the problems in this country is we've gotten away from the idea of citizen legislators.

"When a representative's only source of income is being an elected official they lose touch with the reality of everyday life and what real people go through," Hawley said. "No outside income diminishes their grasp on reality.

"When being an elected official is your only source of income, you look at it as an occupation and not an avocation," Hawley said. "That means more conflicts of interest and you need to keep your jobs no matter the legislation and the conflict is greater 100 times over because when that's all you do and it's your only source of income, you will say or do anything to keep that job."

Ranzenhofer, an attorney, agreed with Hawley's main objection to the proposed reform.

"Having outside business interests, whether it's insurance, or being an attorney, or a doctor, or whatever, brings a much more diverse Legislature," Ranzenhofer said. "It means people with real-world experience are serving. I cannot imagine a world where every single member of the legislature is a professional legislator, where that's all they did is legislation and politics."

Hochul said the reform isn't aimed specifically at Hawley or Ranzenhofer, and perhaps for existing members of the Legislature, there could be some sort of grandfather clause that would allow current members to continue to serve.

"I'm not talking about them individually," Hochul said. "I'm talking about the system as a whole. The people of the state deserve to have full-time (legislators)."

Ranzenhofer served on the Senate's judiciary committee and he said his up-to-date, real-work experience working in courts helps inform the debates.

"It's helpful to have people who are engaged in these issues in the real world so we can advise people on how legislation could affect people," Ranzenhofer said.

Hawley has been both an elected official and an insurance company owner, going back to his days on the County Legislature, for 39 years. He said he has consistently handled potential conflicts this way for four decades: he seeks the advice of legal counsel for the elected body.

"There have been a number of occasions where I've asked legal counsel about something we were voting on, whether there was an issue," Hawley said. "There has never been any finding of a conflict that has come to the fore."

If the insurance industry has ever thought they had it in the bag with Hawley, that simply hasn't been the case, he said. He has on several occasions, he said, voted against the lobbying requests of the insurance industry. One example he raised was legislation that would have required agents to disclose to new clients that they were earning a commission from the sale of a policy. The agents' association opposed the legislation and Hawley voted in favor of the reform.

"I think probably 99 percent of the people understand that, but even if just 1 percent don't understand it, then I don't have a problem (with the disclosure)," Hawley said.

Though he keeps busy with attending public events and meeting with constituents, Hawley said he isn't convinced there is enough work in Albany to sustain a full-time Legislature.

Batavia PD reminds citizens not to divulge personal credentials or bank information to callers

By Howard B. Owens

Press release:

The Batavia Police Department has received multiple complaints of a robo-call scam from Apple saying your iCloud account has been corrupted. Apple has been contacted and confirmed they do not make robo- calls to notify customers of corrupted accounts.

The Batavia Police Department would just like to remind the citizens not to provide any personal or bank information over the phone.

If you feel you have been part of this scam or a similar scam, you are encouraged to contact the Batavia Police Department and file a complaint with the FBI’s Internet Crime Complaint Center (IC3). www.ic3.gov

Widespread power outage reported in Darien

By Howard B. Owens

More than 700 National Grid customers in Darien are without power this morning.

The outage began about an hour ago and National Grid estimates that power will be restored about 7:15 a.m.

The area of the outage is from the county line on the west to Bowen Road, and from the county line on the south to just south of Darien Lake Theme Park.

We have no information on the cause of the outage.

Shed fire reported in Pembroke

By Howard B. Owens

A shed fire is reported at 8449 North Lake Road, Pembroke.

A chief on scene reports that it looks like the only thing in the shed is a motorcycle.

Pembroke fire, Indian Falls fire, and the City's Fast team dispatched.

UPDATE 5:56 a.m.: Indian Falls engine returning; in service. 

UPDATE 6:46 a.m.: All units back in service. Fire coordinators and deputies remaining in scene. 

Hochul reviews the State of the State during visit to GCC

By Howard B. Owens

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Lt. Gov. Kathy Hochul was in Batavia at Genesee Community College today to review Gov. Andrew Cuomo's State of the State speech.

After cheering the Buffalo Bills and talking a bit about how well Batavia and Genesee County are doing, Hochul highlighted key elements of the speech, which outlines some of the issues the governor's office will take on in 2018.

These issues include: stepping in and filling the gap, like many other states, left by the Trump Administration's announced withdrawal from the Paris Accord on Climate Change; expanding high-speed broadband in rural parts of the state; continuing to address the opiate addiction crisis; improving the lives of children through improved access to nutritious meals, through addressing lead exposure, and expanding after-school programs; ending the state's practice of suspending professional licenses for people who default on student loans; addressing workplace sexual harassment, including among elected officials; bail reform; improving ballot access; and ethics reform for the Legislature.

Hochul also praised the efforts of Cuomo to improve the business climate in New York.

She said under Cuomo's leadership, the state has controlled spending and lowered taxes. The corporate tax rate is the lowest it's been since 1968, she said, and the middle-class rate is the lowest it's been since 1947.

"Keep these numbers in your head," Hochul said. "When you walk around and here people say taxes are too high, they’ve come down dramatically under this governor."

She pointed to the state's investment in infrastructure as another factor in the state's improved economic outlook, noting, too that there are now 8.1 million jobs in the state and the unemployment rate has dropped dramatically during Cuomo's tenure.

The Cuomo Administration has also pushed for paid family leave, tuition-free college for qualifying students, and Raise the Age, a reform that will allow 16- and 17-year-olds accused of some crimes who would have been prosecuted as adults in the past to be moved to Family Court.

Hochul said that while she represents all of New York, Batavia is always a special place to visit. This was her 31st trip to Batavia since becoming lieutenant governor. 

She is excited by the progress she's seeing, from the Downtown Revitalization award to the entry of HP Hood into the former Muller Quaker plant, and the promise of high-tech jobs in Alabama.

"Just talk about the STAMP project," Hochul said. "Yes, it's taking a little longer than we want, I understand that, but there has been $50 million from the State for Ludlow Construction for the infrastructure they've put in at the site during the summertime. That's going to be transformative. That's going to be a magnet."

Speaking with the press after the event, Hochul attacked the GOP tax plan passed in December by the House and the Senate and signed by President Trump just before Christmas. She said it was bad for the working people of New York.

"This one came down to calling on our entire congressional delegation to stand with New Yorkers and four did not, which is appalling to me," Hochul said. "Four individuals broke from their colleagues in the same party in New York and said, 'we don't care.' Now we've got a fight on our hands."

That fight could include dropping the state's income tax and switching to a payroll tax. Such a change, in theory, would not change the take-home pay for workers. Their employers would pay the same amount of tax they currently deduct from paychecks, but it would be pre-tax (federal tax) money. Workers would then not be double taxed (which is the case if they can't deduct the money they pay in taxes to the state on their federal returns).

"Everything is on the table," Hochul said. "We're looking at what other states have done. We're looking at what we can do legally. We believe it is unconstitutional to have double taxation. It's something our Founding Fathers discussed. It's talking about states rights and how not to trample on them. It's amazing to me how people in Washington will pick and choose which states rights they want to protect."

Training facility in Batavia can help you stay calm and carry on when faced with a threat

By Howard B. Owens

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If you found an intruder in your house, would you know what to do?

Even if you were armed, would you know what to do?

Or would you panic?

Training in advance of stressful situations is key to surviving potentially hazardous conflicts and defusing them safely for yourself, your family members and even the intruder.

M&S Tactical Solutions in Batavia has set up an Active Home Invasion System at its facility in the Harvester Center in Batavia.

It's designed to provide training for the company's primary clients, local residents who want to improve security in their home, especially if they keep a firearm.

Yesterday, Sheriff William Sheron and members of his command staff -- Greg Walker, Jerry Brewster, Bill Zipfel, and Joe Graff -- toured the new facility (along with Mercy medic Wade Schwab) and Zipfel and Graff both went through simulated home invasion scenarios to experience how the training works.

"I like it because it’s realistic," Zipfel said. "It's not like our tower. There’s actual furniture. It’s really nice."

While the AHIS is set up to train civilians, it's also used by local police officers to get extra training and practice in detecting and reacting to threats in real-life scenarios.

Participants, if armed, are armed with realistic-looking airsoft pistols and wear face masks.

When it's civilians going through, they are given a basic firearm safety course, even if previously trained, just to make sure everybody is on the same page, said M&S owner Jeff McIntire. Then they're put in a scenario to see how they handle it. McIntire and his staff monitor the home invasion scenario thorugh closed circuit video so they can review how things played out with the participants.

"We don’t give them anything at first," McIntire said. "We put them over there because we want to see what your natural reaction is. I want to see what you naturally do. Then we come back here and debrief. Now we can start actually talking about what to do."

One recent participant fired first and asked questions later. That's a measure, McIntire said, of how realistic and stressful the scenarios can be. The adrenaline pumps and your autonomic systems take over and pushes your mind into "fight or flight" mode.

Getting past those automatic responses is what training is about. Repetition helps build up a kind of muscle memory that helps you stay calm and make better decisions.

To help teach the importance of good decision making, not all of the "intruders" are hostile. They might be an Alzheimer patient who is convinced he's in his own home, or a neighbor just knocking on your door. The intruder might even be your wife home early from work. In other words, not every scenario is hostile but could end in tragedy without proper training.

And not every intruder deserves to be shot. A TV, McIntire noted, is not worth a person's life. Participants are taught to better recognize which intruders pose a real life or limb threat to themselves or a family member.

The scenario yesterday for Graff involved the chief deputy just returning home from work. There is an intruder going through his belongings in his bedroom. At some point, the intruder comes out of the room and Graff became aware he was there. In this case, Graff drew his pistol and shouted for the intruder to put his hands where he could see them and get on the ground. As the intruder went down, he was instructed to reach for his mobile phone in his pocket. Graff yelled for him to put his hands back up and the intruder fumbled with his phone and drop it. Graff did not fire.

In the other scenario, Zipfel came home, grabbed a beer and went in the bedroom to ly down. Then two intruders entered. They began searching the living room for items and Zipfel heard the noise. He crouched down, entered the room, spotted the intruder and ordered him to the ground. As he approached the intruder, the second intruder started to enter the room from the kitchen, gun pointed at Zipfel. Zipfel shot him.

In both cases, with their boss Sheriff Sheron watching, they made the right decision.

While officers who use the facility for training aren't earning any sort of certification, McIntire said he recognizes the need for officers to get numerous repetitions of potentially dangerous situations to help improve their decision making.

Whether civilian or officer, repetition and review are key training tools for improved performance.

Without training, McIntire, people often revert to what they've seen on TV or in a movie, and that's not a good place to be.

McIntire said, "We stress getting people to that point with muscle memory where they say, 'I don't have think. I just know what to do.' "

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Top photo: The tour in the living room apartment. Next two photos, Graff during his scenario. Fourth photo, monitors showing Zipfel's scenario. Bottom, McIntire and Walker in the facility's firing range (where airsoft guns are used). 

Convicted child molester Sean Vickers gets new 40-year prison sentence

By Howard B. Owens

It's not the 107-year sentence former County Court Judge Robert C. Noonan handed down to convicted child molester Sean Vickers, but Vickers will still serve many decades in prison. 

Earlier this year, the jury trial conviction of Vickers was overturned on appeal because the appeals court found he wasn't properly tried under the same counts in the original indictment against him. 

It looked like a new trial for Vickers, but in October, Vickers agreed to a plea agreement. While that means Vickers might avoid a similar 100-year sentence, it also means his victims won't be required to testify again.  

On that guilty plea, today Judge Charles Zambito sentenced Vickers to the agreed-upon 40-year prison term.

He was already serving a 20-year term on a similar conviction in Niagara County.

Notre Dame dominates to capture Rotary title

By Howard B. Owens

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In a rematch of last year's Rotary Tournament finale, Notre Dame, this time, was the more dominant team, beating Cal-Mum, 43-35.

"We didn't really have an identity early in the season last year and it showed," said ND's head coach Tom McCulley. "They were a mature team and we weren't really there yet. This year I think we probably had the edge maturity."

The star of the game was Stevie Wilcox, who scored 17 points and seemed in command of her game from the start. She was named tournament MVP.

"We were ready to bring it and play as a team and work together because when we do, we're unstoppable," Wilcox said.

The Lady Irish are always tough on defense and McCulley said that's what he saw from his team again, especially in the first half, when Notre Dame held the Lady Raiders to six points. Guard Morgan Rhodes was a big part of that, he said.

"Morgan was steady all throughout," McCulley said. "She got some steals and helped us with ball pressure so we weren't allowing them to get comfortable in their sets, maybe not as quickly as they would like. I think most of the time, when I looked up, by the time Cal-Mum got in their sets there was 16 seconds off the close. I was shocked by that. That puts a lot of pressure on the offense to execute."

Margret Sutherland and Natale Thornton also had big games. Sutherland scored 10 points and Thornton scored nine. Both were a strong presence under the boards.

Callie McCulley added six points.

For Cal-Mum, Elyse Van Auken scored 12 points.

Besides Wilcox at MVP, the all-tournament team was Taylor Gadd, Attica, Ryann Stefaniak, Batavia, Elyse Van Auken, Cal-Mum, Margaret Sullivan, Notre Dame, and Callie McCulley, Notre Dame.

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Rollover accident with minor injuries reported on Thruway in Batavia

By Howard B. Owens

A one-vehicle rollover accident with minor injuries is reported on the Thruway in the area of mile marker 389.3.

Town of Batavia fire with mutual aid from Le Roy fire dispatched.

UPDATE 11:37 a.m.: Chief on scene reports vehicle on its wheels in the median.

UPDATE 11:39 a.m.: Patient is walking around and no complaint of pain. Mercy EMS to continue for patient evaluation.

Dog left in car at Kmart

By Howard B. Owens

A dog has been reportedly left in the cold in a Nissan parked outside Kmart in Batavia.

The caller does not believe the car is running.

A deputy is responding.

UPDATE 9:41 a.m.: Caller reports the owner has come out, got into his vehicle and left the area. Deputy's response canceled.

Bausch to lead County Legislature with Maha, Dibble and Hilchey taking office

By Howard B. Owens

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Gary Maha, Gordon Dibble, and John Hilchey, the three newest members of the Genesee County Legislature, along with the rest of the Legislature, took their oaths of office Wednesday night prior to the Legislature's organizational meeting at the Old Courthouse.

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Robert Bausch, representing Elba, Byron, and Bergen, was chosen to chair the Legislature.

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From left, Pam LaGrou, clerk to the legislators, Gary Maha, Gordon Dibble, Shelly Stein, Andrew Young, Bob Bausch, John Deleo, Marianne Clattenburg, Gregg Torrey, John Hilchey, and County Manager Jay Gsell.

Town of Batavia officials sworn in at organizational meeting Wednesday

By Howard B. Owens

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Town of Batavia officials were sworn in by Town Justice Tom Williams prior to the Town's organizational meeting on Wednesday night. Pictured from left: Tom Williams, town justice; Daniel Underhill, councilperson; Greg Post, supervisor; Patti Michalak, councilperson; Thomas Lichtenthal, highway superintendent; Teressa Morasco, town clerk.  

Photo and info submitted by Chad Zambito.

Cold weather closings announced for Friday

By Howard B. Owens

We have been notified of the following closings for tomorrow due to anticipated extreme cold:

  • Batavia City Schools 
  • Le Roy Central School District
  • Oakfield-Alabama Central School District
  • Pavilion Central School District
  • Notre Dame High School
  • Mental Health Association
  • Extended, night-lighted skate, sponsored by the Batavia Kiwanis Club, at DeWitt Recreation Area
  • St. Joe’s bingo
  • Genesee Christian Academy
  • Haxton Memorial Library
  • Genesee County Office for the Aging cancels home-delivered meals and congregate meal sites, but the office will be open for business.

Please send announcements about closings to howard@thebatavian.com.

Pavilion fire responding to accident involving small school bus, unknown injuries

By Howard B. Owens

A collision between a car and a small school bus are reported at Big Tree Road and South Street Road, Covington.

Unknown injuries.

Pavilion fire and Mercy EMS dispatched.

UPDATE 3:42 p.m.: One injury reported. A child with a head injury, conscious and alert. Traffic at Route 246 will be shut down by fire police.

UPDATE 3:47 p.m.: A fire chief reports multiple accidents at the location.

UPDATE 3:52 p.m.: A second ambulance requested to the scene.

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