A two-car accident is tying up traffic a bit in the area of 375 W. Main St., Batavia.

It is believed there are no injuries, though there are unknown type fluids leaking from at least one car.

City Fire and Mercy EMS dispatched.

Assemblyman Steve Hawley has announced that he will become the prime sponsor of a proposed bill to prevent the Department of Environmental Conservation (DEC) from increasing restrictions on landowners that burn refuse on their property.

The legislation was originally introduced in January of 2010. At the end of last year’s legislative session, the bill was being held in the Committee on Environmental Conservation for further consideration.

The DEC began their efforts to eliminate trash burning with a ruling in October of 2009 that Hawley says irrationally tightened guidelines on who is allowed to burn refuse and what sort of materials are allowed to be burned.

The proposed bill focuses on landowners in small, rural communities that rely on this safe and time trusted method of disposal, according to Hawley.

“In Western New York, there are a number of small, rural communities that don’t have the waste-management structures in place to dispose of certain waste materials,” the Assembyman said. “That is why members of my district have burned refuse on their open land for generations and why this legislation is so vital.

"The DEC has continually displayed a lack of understanding when it comes to our rural way of life, and they cannot be allowed to overstep their bounds by banning this widely accepted practice.”

Here's a news release from Congressman Chris Lee's office.

Congressman Chris Lee was chosen to serve as a co-chair of the bipartisan Congressional Dairy Farmers Caucus for the 112th Congress

Lee served as vice-chair during the 111th Congress until its adjournment last year. He will lead the caucus with fellow co-chairs Reps. Joe Courtney (D-CT), Peter Welch (D-VT), Timothy Walz (D-MN), Devin Nunes (R-CA) and Thomas Petri (R-WI).

The bipartisan caucus works to aid dairy farmers across the United States, and last Congress worked closely with Agriculture Secretary Tom Vilsack on important issues affecting Western New York’s dairy farmers.

“Western New York has some of the finest family farms in the country, and since coming to Congress in 2009 I’ve been focused on ensuring our region’s agricultural producers have the resources they need to survive,” Lee said.

“Dairy farmers in particular have been hard-hit during the tough economic times, but they are a resilient group of families closely tied to the land they farm and the industry they love. I look forward to working with the other co-chairs and members of the Caucus who share my commitment to strengthening family farms for this and future generations.”

According to the U.S. Department of Agriculture’s National Agricultural Statistics Service, Lee’s congressional district is the 22nd highest dairy producing district in the nation, with a market value nearing $500 million.

New York State as a whole produces about 12.5 billion pounds of milk each year. For more information on Congressman Lee’s commitment to Western New York’s dairy farmers, visit www.chrislee.house.gov/familyfarms <http://www.chrislee.house.gov/familyfarms>.

A two-car rollover accident with injuries and entrapment is reported in Alexander on Broadway Road near Brookville Road.

One vehicle is upside down, the other is near a creek. Mercy Flight Batavia is on standby.

Alexander Fire Department and Mercy EMS are responding.

UPDATE 5:04 p.m.: There are two patients. One man is in a truck which landed upside down. He is conscious and alert but his leg is trapped.

UPDATE 5:09 p.m.: Mercy Flight is cancelled.

UPDATE 5:14 p.m.: Fire chief on scene reports a stop sign was knocked down and the state Department of Transportation has been notified. Two flatbed tow trucks are being dispatched for the vehicles involved in the accident.

UPDATE 5:16 p.m.: The man whose leg was trapped in his upside-down truck is now out.

A man is reportedly rolling around on a snow bank -- without any pants on -- across from 8 S. Main St. in the City of Batavia.

Police are en route.

Area youngsters were able to get in a little hockey practice today on Harvester Avenue, where resident Kevin Hamilton built a small hockey rink. Hamilton, who coaches two youth hockey teams, said he constructed the rink out of a wood frame, a plastic sheet base and slowly builds up the ice over time, adding a little water over several days.

Organizers were pleased with the early turn out at the debut Bridal Show at Terry Hills today. Vendors from Genesee County were on hand to display for prospective brides, grooms and their parents what they offer to ensure the special day remains special.

The show continues until 4 p.m. For more information, click here.

Above, Steve Valle talks with customers about what Valle Jewelers has to offer.

More pictures after the jump:

Cathy Saile, The Enchanted Florist.

Dave Howe, Charles Men's Shop.

Jeremy Liles, Oliver's Candies.

Two children are said to have minor injuries following a car-into-pole accident at Route 33 and Warner Road.

Byron and South Byron fire departments and Mercy BLS are responding.

UPDATE 2:49 p.m.: Firefighter on scene says a National Grid pole is busted. A few minutes later, it was determined that the pole was for phone and cable only, not power.

UPDATE 3:45 p.m.: Adults signed waivers for treatment of the children, since their injuries were not serious and transport to a hospital was not needed. All Byron and South Byron units are back in service.

An original Broadway cast member of "RENT," Gwen Stewart, was back in Batavia this weekend, making a side trip while visiting friends in Buffalo, to catch the local performance of the hit musical. Stewart joined the WNY Arts Society cast on stage for one of the production numbers.

WNYAS's final performance of "RENT" is today at 2 at the Ross Street Performing Arts Center, Batavia Middle School, 96 Ross St., Batavia.

The Batavian still has a few specially discounted tickets available. Click here for more information.

A car is reportedly on fire on the Thruway near mile marker 397.4.

It appears the car is in an eastbound lane, though at least a couple of callers have said westbound.

East Pembroke Fire is responding.

UPDATE 6:37 p.m.: A chief on scene reports a fully involved car fire.

The Falleti Ice Arena was packed with both Notre Dame and Batavia fans who were hoping their team would come away victorious. It was the Notre Dame fans that got their wish as their team had a powerful third period and defeated host Batavia 6-2.

"We were pumped to get out there and play them," said Batavia forward Nate Palmer. "It's always a fun game, but unfortunately it didn't end the way we wanted it to."

Batavia Notre Dame got on the board first as Josh Johnson snuck the puck by Batavia goaltender Adam Kurek on a play set up by Dylan Versage. 

Batavia failed to produce a strong offense in the first period, but came out strong early in the second as Conor Holvey set up Tim Finnell to tie the game at 1-1.

Notre Dame responded shortly after by taking the 2-1 as Tyler Kessler stole the puck and beat Kurek for the goal.

Josh Marr capped off the second-period scoring as he broke down the right side of the ice and sniped the puck over the right shoulder of ND goaltender Tom Dehr.

The third period was all ND as they capitalized four times.

The Irish came out hard and Zach Blew lit the lamp off a set up from Josh Johnson and Dylan Versage.

Story continued after the jump: 

Batavia responded shortly after with a great scoring chance as Josh Marr fed Nate Palmer on a 2 on 1, but Palmer was unable to get good wood on the shot.

"We had some chances but couldn't capitalize on them," says Palmer.

Brett Perfit continued the scoring driving as he put the fourth goal on the board in a solo effort.

Notre Dame's Jordan Difilippo got into a small fight in front of Dehr with Batavia's Tim Finnell, which led to coincidental penalties. After an argument with the referee, Batavia was assessed a bench minor penalty, giving ND the powerplay.

Jack Nenni and Brett Perfit set up Tyler Kessler to take advantage of the powerplay and put ND up 5-2.

Nenni scored shortly after to cap off the scoring at the final 6-2. Tyler Kessler and Brennan Brown were credited with the assist.

"We were very happy with our team's effort," says Notre Dame forward Dylan Versage. "We wanted the win and were all gonna do what we needed to get the win. Everyone contributed and it paid off."

We've had pretty steady snowfall today, but nothing to the level that would warrant the National Weather Service to put out an alert or an advisory. Intermittent snow showers are expected to continue into the evening.

The weather seems to have contributed to a number of fender-benders this afternoon.

I went out to Le Roy today and on the route back, I came down Randall Road.

A car has hit a pole in the area of Ellicott Street Road and Transit Road.

There is airbag deployment, but no word yet on injuries.

Bethany Fire and Mercy EMS dispatched.

UPDATE 3:25: Correction, Mercy EMS not dispatched. Chief at scene says he should be all set.

 GAME HAS NOT YET BEGAN. PLEASE STAY TUNED! THANK YOU!

ND vs BHS hockey game

We have a limited number of ticket pairs available for this weekend's production of "RENT." The regular price is $30 a pair and we're offering reserved seat tickets for $15 a pair (plus a $1 service fee).

"RENT" is presented by WNY Arts Society at 7:30 p.m. on Jan. 13-15 and at 2 p.m. and 7:30 p.m. on Jan. 16 at the Ross Street Performing Arts Center at Batavia Middle School. This cutting-edge musical tells the story of a group of impoverished young artists struggling to survive in New York City.

Readers who take advantage of this special offer will redeem their PayPal receipt at the door to claim their tickets. This offer is valid for any of the four performances. The box office opens one hour before showtime and the house opens 30 minutes prior to showtime.

Ryan Rast, of South Street in Le Roy, stands next to a giant snowman he built in his front yard with his buddy Ben Long.

A Le Roy man accused of making at least one sexually explicit video involving a minor isn't being held in jail because of the case's individual circumstances, said the Le Roy Police Department detective who made the arrest.

Det. John Condidorio said it was his recommendation that Stephen M. Smith be released to the supervision of Genesee Justice following his arraignment in Le Roy Town Court on charges of possessing a sexual performance by a child, promoting sexual performance of a child and use of a child in a sexual performance.

The detective said such decisions are rendered on a singular basis and the law.

"Each case needs to be looked at individually and it's totally (up to) the police department, the district attorney's office and the courts," Condidorio said.

It is the "looking at the totality of the case" that explains, Condidorio said, why Smith's case wasn't referred to federal authorities, and why supervision by Genesee Justice while the charges are pending fits the circumstances.

Smith, however, may yet face statutory rape charges once State Police detectives complete their own investigation.

The video, or videos, allegedly involving a minor from Le Roy, were not made in the Village of Le Roy. Condidorio jurisdiction is confined to the village.

Meanwhile, a person who has identified herself as Smith's girlfriend, who is also the minor child who may have been involved in the videos, has left comments on Facebook and sent an e-mail to The Batavian defending Smith.

The girl said Smith is embarrassed by the charges and upset by reading accounts of the case in the media.

She said she's known Smith since 2006 and they've been involved in a relationship since Aug. 24, 2008. She said he is the father of her 8-month-old child.

"I'm writing because I am concerned with what was stated in the posts about Stephen's charges," the girl wrote. "I fully understand that what I have to say most likely won't matter to anyone because people will judge him because of this no matter what is said or isn't said. That is fine, because anyone that KNOWS him on a personal level, knows that he is not some sick predator."

The girl writes that Smith used a camera that had been given to her as a present and indicates that making the video or videos was her idea.

She said she left the camera at Smith's residence unintentionally and it was seized when detectives searched the place.

"I had Stephen call the day after they confiscated our things and informed them that there was going to be inappropriate content on my camera," she wrote.

Condidorio said he couldn't discuss the content of the girl's Facebook post or even confirm that the victim was female.

He said he was prohibited from discussing the case in detail and could only talk in general terms about how similar cases are handled.

"It is our policy in the police department to try and protect victims of any crime as much as possible," Condidorio said. "But it is still a free country and it is not our policy to try and control the actions of victims."

Even though the girl sees herself as somebody who is in a relationship with the accused, at 16 or 17, under New York state law, she is not old enough to consent to sexual relations.

Besides the alleged video involving the girl, Smith is also accused of using a video file sharing service to pass along and download videos involving other minor children engaged in sexual activity.

The type of service Smith is accused of using is called peer-to-peer, which means users install software that allows them to share the contents of specific folders on their own hard drives.

The case was brought to the attention of Le Roy Police when New York State Police Computers Crime Unit notified the Le Roy Police Department that a person at 41 Elm St. in Le Roy allegedly possessed, and was sharing sexual videos of, underage children via the Internet.

Condidorio stressed that there is no evidence that Smith shared video involving the alleged local victim in this case.

The girl said she and Smith were upset when the case was first reportedly publicly.

"It sincerely made me nauseous and shaky when I first read this article on Wednesday night -- to know that the reputation of someone you love has been destroyed for something blown so far out of proportion," the girl wrote.

"And to know that he would be viewed in a disgusting way by the public. The look on Stephen's face when he read this article was unexplainable. I have never felt how I have these past few days."

An 18-year-old Batavia man accused of engaging in sexual activity with a child under 11 years old is less than four months removed from being released from custody on similar charges.

Ronald Smith, of 679 E. Main St., Batavia, was let out of state prison in October as a Level 3 sex offender.

Smith was previously convicted of engaging in sexual activity with girls ages 8 and 9. He was a Genesee County resident at the time of his arrest. He was convicted in March 2008 and sentenced to one to three years in prison.

Upon his release in October, Smith moved to an apartment on Thorpe Street and registered his address with authorities.

In November, Batavia Police sent a notice to residents in the area around Thorpe that a Level 3 sex offender was in their midst.

The address listed was a residence managed by Jeremy Yasses of J.P. Properties. Yasses said residents contacted him immediately about Smith living in one of his dwellings.

He had no idea Smith had moved in with a friend who was a tenant of an apartment.

The day after being notified, Yasses, who manages several properties on Thorpe, demanded that Smith vacate the residence. When he followed up with police, Yasses said he was told that Smith had moved to Oakfield.

"I don't want to live next to them and I don't expect my tenants to live next to them," Yasses said of Level 3 sex offenders. "I wouldn't ask my tenants to live next to anybody I wouldn't live next to myself."

At the time of his arrest today, Smith was, according to police, located at a residence at 679 E. Main St. in Batavia. He was also charged with failure to register his current address, as required by a registered sex offender.

Det. Kevin Czora said the recent allegations that Smith engaged in sexual conduct with a child under 11 were brought to police attention by a parent of the victim.

Smith was jailed on $25,000 bail.

(Initial Post)

At least when it comes to a decrease in smoking rates, California is well ahead of New York and that has grabbed the attention of Smoke Free NOW.

This organization in Genesee, Orleans and Wyoming counties is eyeing the Golden State in an effort to match or exceed the results of a tobacco study recently released by California's Department of Public Health.

It shows Californians are smoking less than most other Americans -- and this is no doubt making a difference in their health and wallets. In 2010, 13.1 Californians reported smoking, trailing only Utah, compared to 20.6 percent nationally and 18 percent in New York.

“The key to their success is twofold,” says Kevin Keenan, local program coordinator for Smoke Free NOW. “California has adopted strong anti-smoking laws in public places and increased the tax on cigarettes; both have contributed to the drop in smoking.”

Health officials maintain that California’s sustained anti-smoking campaign has led not only to lower smoking rates, but also to public health benefits. They point out lung cancer rates are going down more than three times as fast in California than the rest of the country, and the state has saved an estimated $86 billion in health care costs.

New York has also witnessed declines in smoking; however, without adequate funding for tobacco-control programs, smoking levels won’t decline further but will more likely taper off at current levels; or worse, increase to levels seen 20 ago.

“It’s imperative that we continue the fight against the tobacco industry’s crafty marketing tactics,” says Angela Barbeau, coordinator for Genesee, Orleans, Wyoming Reality Check, the youth component of the state's Tobacco Control Program.

“The only way to see marked declines in New York’s smoking rate is to ensure that our programs are sufficiently funded so that we can continue with our media campaigns, community events and educational activities."