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This is a reader submitted photo from the scene of an accident this afternoon in Corfu. We are told a motorcycle hit the van on the left side of the picture. We have no further information at this time about the accident.

Notre Dame moved to 4-0 tonight, but anybody who came into the Friday night showdown with Oakfield-Alabama thinking the Hornets (who entered the game with a disappointing 1-2 record) would be pushovers, they learned something about how a proud football program can rise to the challenge of a tough opponent.

The Hornets never trailed in the game until the end, with ND only pulling even twice, once at 7-7 midway through the second quarter and then at 17-17 in the final seconds of regulation time on a Matt Thompson field goal.

After getting the ball first in overtime, but failing to convert the opportunity into a score, OA saw the Fighting Irish preserve its undefeated season on a six-yard TD rush by Beau Ritcher.

The Hornets had every opportunity to even its record, but OA's defense was eventually worn down by a relentless Notre Dame running attack.

The Hornets scored first on a first-quarter drive keyed by a Jason Stanley 60-yard run, but ND pulled even midway through the second quarter when Mike Pratt capped a grinding Notre Dame drive with a three-yard TD rush.

As the first half drew to a close, there was a real sense that Notre Dame could lose the game. At a time when the Fighting Irish should have controlled the ball, at least well enough to preserve a tie going into half-time, ND went three-and-out with enough time on the clock for OA to push the ball into the red zone. With seconds left in the half, Jon Fisher put three points on the board allowing the Hornets to head into the locker room with a 10-7 lead.

In the third quarter, it really seemed as if OA was in charge of the game, taking the ball down on a scoring drive that was capped by a 15-yard TD pass from Tyler Tamblin to Brent Crawford.

In the fourth quarter, Notre Dame's ground game began to take a toll on OA's defense. Pratt and Ricther eat up a lot of yards, and eventually Pratt plows into the end zone on a 10-yard run to put the score at 17-14.

After an exchange of downs in the fourth quarter, ND again moves the ball into striking range, and this time Thompson puts through his field goal to tie the game at 17-17.

OA got the ball first in OT, but only managed a first down before coming up short. The OA defense fought hard, putting ND in a third-and-long situation before Pratt bulled his way to a third down. With the ball inside the 10, Notre Dame fought for yardage and managed to get the ball to the one-yard line before a penalty forced the offense back five yards. On the next play, however, Ritcher burst through the line of scrimmage and into the end zone to keep the Irish undefeated.

There are more pictures after the jump below.

The City of Batavia is out of the red on its operational ledger.

For fiscal year 2009, Batavia has a fund balance of $32,950, City Manager Jason Molino told reporters today. 

Even though the city has been spending less than it takes in starting in 2007, this marks the first time in years that the city is not carrying a deficit on its balance sheet.

"We're not borrowing to pay for operations," Molino said. "We don't have cash flow problems."

In 2006, the deficit on the fund balance was a deep dark red -- $2.2 million.

"Most municipalities in this situation have gone to the state legislature to bond out their debt and that's a lengthy process," Molino said. "What you had happen here is you had a council committed to trying to right the ship and make the right decisions."

Among the right decisions, Molino said, was committing to conservative revenue budgets. The city has ensured expected revenue aligns realistically to numbers based on historical trends.

"The problem in prior years, and I'm talking three years back, was aggressive revenue budgeting," said Molino. "As a result, actual revenues did not meet budgeted revenues. As you can see from '05 and '06, your actual revenue was below your budgeted revenue."

The fund balance is for operational expenses and excluding debt for buildings and similar expenses.

For 2009, city revenue was $14.7 million and expenditures were $13 million. That $1.7 million swing helped the city generate a fund balance (meaning money in the bank rather than paying debt on operational expenses) for the first time since at least 2005.

On the expense side, Molino said the city has been able to hold the line on spending because department heads have done better at cutting things such as utility costs. At the wastewater treatment plant, for example, electricity usage has gone down by several hundred-thousand dollars. He also mentioned consolidated dispatch as a cost savings.

"It's identifying issues where expenses can be cut and that's really been a focus of the change in operations," Molino said.

The city isn't completely free of financial worries. It has not yet built up sufficient reserves to deal with unexpected expenses or any dip in revenue.

"To be financially healthy, you want your undesignated fund balance to be about 10 percent of your operations budget," Molino said.

He said the city's fund balance should be $1.3 million to $1.4 million, which is a pretty big number compared to the $32,000 the city just achieved.

Even so, Molino acknowledges that getting city finances to this point, is a satisfying accomplishment, but he credits both the Batavia City Council and city staff:

"It's interesting because when we dealt with it three years ago, it's one of those things that's out a ways and it takes time to get there and to look at the progress from year one to year two to year three. It's kind of interesting to know that when the council...adopted the idea that we don't want to go to the state to bond out our debt, we want to make the right changes that maintain levels of services, (we had to figure out) 'how do we get there?' We set that plan out. It's really a tribute the council making the difficult decisions at the time and a tribute to the staff that they made the tough changes."

The next hard task is mapping out the future.

"The damage control part of it is over now and now it's the planning part," Molino said. "Planning today for tomorrow is really the city's top priority."

Looking ahead, he said the city will need to focus on economic development, future union negotiations, upcoming retirement costs, reserve funding and post-employment health care costs for retirees (which could top $9 million).

Jason Molino discusses city finances with press:

• Part 1
• Part 2
• Part 3
• Part 4
• Part 5
• Part 6

City of Batavia Management Report, March 31, 2009 (PDF)

There is a non-injury accident on State Street near Batavia High School.

A reader reports that traffic is backing up on State Street.

UPDATE 2:53 p.m.: This is now reported as a three-vehicle accident.

Meanwhile there is an injury accident in Oakfield in front of the Yellow Goose store.  No further information available right now.

Oakfield-Alabama, already off to a slow start in 2009, will have its hands full tonight when it meets undefeated Notre Dame.

The Fighting Irish (3-0) has averaged 20 first-quarter points so far this season, while the Hornets are averaging only 3. Overall, Notre Dame's per-game scoring average is 26 points compared to 12.3 for the Hornets.

OA comes into the game with a 1-2 record.

"We're confident in where we're going and what we're doing right now," said OA head coach Brian Palone. "We're continuing to make progress each week. We lost a lot of experience from last year. We had only one returning player on defense. We really worked on defense this week, because the defense really struggled last week."

Alexander beat OA last week 42-17.

Notre Dame's head coach, Rick Mancuso, isn't taking the Hornets lightly, though.

"From our standpoint going into this game, Oakfield is always one of the perennial powerhouses in our league," Mancuso said. "Regardless of what their record is, like every team in our league, they work week in and week out to improve, and Oakfield is no different."

Mancuso praised the OA coaching staff and said he knows Palone will have his crew ready to play.

The Fighting Irish need to rebound, he said, from a sloppy effort last week.

"We made a lot of mental errors," Mancuso said. "Defensively, we did not play tight. We didn't play really disciplined. We need to be a more disciplined team going forward."

Norte Dame beat Barker last week 43-18. The 18 points represented the first scores against ND this season, after the team beat Pembroke 21-0 and Attica 14-0.

We'll have coverage posted by the morning. This weekend, The Batavian will also cover Alexander at Holley. Alexander comes into the game 2-1, but Holley is one of the surprises, if not THE surprise of the Genesee League so far this season. Holley is 3-0, opening a season undefeated for the first time in program history.

Gergory P. Hamm-Johnson, 19, of 10140 Brookville Road, Alexander, is charged with a felony count of DWI, aggravated DWI and illegal dumping. He was stopped by Deputy Kevin McCarthy at 2:52 a.m. for allegedly throwing trash from his vehicle onto Old Creek Road in Alexander. 

Brian T. Rushing, 24, of 3314 Eagle Harbor Road, Albion, is charged with DWI, DWI with a BAC of .08 or greater, driving left of pavement markings and unlicensed operation of a vehicle. Rushing was stopped on Townline Road in Bergen by Deputy Howard Carlson on Thursday at 5:33 a.m. for an alleged traffic violation.

Matide Maximino Luis, 21, no address, is charged with entering the country illegally. Luis was picked up last week following a traffic accident on Route 20 in Pavilion. Luis allegedly ran from the scene after deputies suspected he was in the country illegally. He was captured after a short foot chase. Luis was turned over to the Department of Homeland Security Border Patrol.

Four Genesee County men were arrested for alleged trespass on Sept. 19, according to a State Police blotter item released yesterday. The four men are apparently accused of trespassing at 2750 Maple Road, Oakfield. Arrested and charged were Ryan T. Schultz, 22, of Oakfield; Robert J. Maerten, 22, of Basom; Donald J. Maerten, 24, of Basom; and, Adam R. Bischoff, 22, of Oakfield. No further details are available.

New Today: Great Kutz, in the Valu Plaza, 4152 W. Main Street Road, Batavia, NY: Batavia's newest full-service salon, offering affordable haircuts for men and women on a walk-in basis. Today, we have two gift certificates for women's haircuts, a $15.95 value for $7.50 (gift card can be applied toward other services, but not products). (On Monday: we'll have men's gift cards.)

The Enchanted Florist, 202 E. Main St., Batavia, NY: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Picasso's Pizza, 419 W. Main St., Batavia, NY: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually.

Sport of Kings Family Restaurant, 419 W. Main St., Batavia, NY: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift card for $7.50.

Carlson's Studio, 39 Jackson St., Batavia, NY: Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. We have a $250 gift card for $125.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: This week, check out the banned book display. You might be surprised what you find there. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

First thing I did Thursday morning was stop by Batavia Downs to see off Assemblyman Steven Hawley and about 140 of his military veteran pals on a trip to Washington, D.C.  Today's time pressures kept me from doing a post about it until just now.

The video above is Steve talking about the trip. Below are three pictures I snapped just before the buses rolled.

Last year I said I would go this year. Well, maybe next year.

Our friends Dan and Debbie Fischer from WBTA are on the trip.

Attorney Thomas Burns won't get a change of venue for his client Matthew Wells, at least not yet, according to a ruling handed down by the New York Supreme Court, Appellate Division, Fourth Judicial Department.

Wells is one of three men accused of robbing the M&T Bank branch in Elba on June 18 and then leading local law enforcement on a six-hour manhunt through the fields and woods between Batavia and Oakfield.

Burns argued that Wells could not get a fair and impartial jury in Genesee County because many residents -- as evidenced primarily by comments left on The Batavian -- took offense to the perception that three city slickers could get away easily with a bank robbery in a rural county. Burns, in his motion, picked up on the phrase of one comment on The Batavian about dishing out "rural justice."

Burns also suggested that the only a fraction of Genesee County residents are black, so that it would be hard to seat a jury of peers for his African-American client.

The appellate judges ruled that Burns did meet the burden of proof that there is "reasonable cause to believe that a fair and impartial trial cannot be had." But the single-page ruling left open the ability for Burns to appeal again during the jury selection phase of a trial.

It's rare -- if not unheard of -- for attorneys to be granted a change of venue before jury selection begins, but if Burns had not filed the motion now, he could not file a motion -- under rules of the court -- for a change of venue later.

Wells is the only one of the three defendants to not plead guilty. Both Damone Dillon and Dennis Abrams have admitted to their roles in the June 18 robbery. Abrams, who planned the heist, is facing a lengthy prison term. Wells is accused of entering the bank with Abrams and actually participating in the stick up, while Dillon held the door and claims to have been a reluctant participant.

Neither defendant has been sentenced yet.

For previous coverage, click here.

A car fire has been reported on Route 262 just west of Route 19 in Bergen. Bergen Fire is responding. A first responder reports visible flames from the engine compartment.

A woman has been arrested for allegedly telling the Department of Social Services that a relative moved into her house, qualifying her for temporary government assistance.

Between Dec. 5 and Feb. 16, Stacey Ziminski, 36, of 119 South Swan St., is accused of collecting public assistance checks totalling $710.93.

The family member Ziminiski allegedly said was living with her, was actually living elsewhere, according to DSS investigators.

Ziminski was charged with two felony counts of offering a false instrument for filing in the first degree and one count of misdemeanor petit larceny.

She was arrested by Genesee County Sheriff’s Deputy Matt Butler, and arraigned before Stafford Town Justice Ben Mancuso, who ordered her held on $250 bail. 

Statements made by Dietrich Williams to State Police during an investigation into a shaken baby case in June can be used at his trial, Judge Robert Noonan ruled this morning.

Williams, currently held in Genesee County Jail, is charged with assault in the first degree and reckless assault of a child.

The content and nature of his statements were not discussed in court today, but he spent nearly eight hours in State Police custody June 25, after being picked up at a residence he shared with his girlfriend at 14 Hutchins Place.

The baby's name is Mariah and she was reportedly critically injured. Both Defense Attorney Jerry Ader and District Attorney Larry Friedman are waiting for the hospital to produce the baby's medical records for evidentiary review.

Williams is accused of shaking the baby and hitting Mariah's head against a hard object.

Shaken Baby Syndrome has come under new research scrutiny recently, and researchers suggest that the baby's head hitting a hard object may be a key element to any crime.

In his ruling, Judge Noonan said that Williams was made fully aware of his rights and had every opportunity to request an attorney or to cut off questioning. There was nothing improper about the State Police agent's questioning, Noonan said.

State Police investigators who specialize in violent crimes assisted in the investigation.

There were 10 more break-ins into unlocked cars in the Town of Batavia overnight.

Six occurred on Stringham Drive, two on Violet Lane and two on Terry Hills.

The usual items were taken, according to Deputy Chief Gordon Dibble, adding that the break-ins may be related to yesterday's thefts.

"For the most part, the thieves are limiting their efforts to unlocked cars with valuables in plain sight," he said. "Locking cars and removing valuable items (maybe locking them in the trunk) would seem to be prudent advice."

It would be illegal to use stimulus funds to help struggling dairy farmers, according to Gov. David Paterson's office.

Dairy farmers, of course, create and retain jobs and help provide an essential food product. Agriculture is a significant part of Upstate New York's economic well being.

Meanwhile, the D&C reports today that Rochester's homeless program, with a regular annual budget of $400,000, is receiving $4 million in stimulus funds.

No slam here against the homeless or helping the needy -- government handouts to both dairy farmers and the homeless raise certain small-government and free market philosophical issues ... but, isn't something amiss here? 

If stimulus money is supposed to, you know, stimulate the economy (at least in theory), shouldn't it actually go to programs that, you know, might actually stimulate the economy?

A car has driven off the road and into the trees in the area 1950 Roberts Road in Alabama.

Unknown injuries at this time.

UPDATE: First responder reports minor injuries.

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Bergen Volunteer Fire Department is working a small bursh fire at 14 Gates St. It's described as "two small piles."  No report yet of it turning out to be a controlled burn.

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So you hear there are no jobs in Batavia, and companies don't want to do business here, etcetera. The carping sometimes seems ceaseless.

Me, I'm a glass-is-half-full kind of guy.

And I think most of the entrepreneurs who have invested in Batavia and Genesee County are the same sort of people, which is why this job ad posted today caught my eye:

Career Opportunities - Growing Company in Batavia is searching for hard working, reliable employees for all aspects of manufacturing.

We are conducting open interviews Friday 10/2/09 from 9:00am-12:00pm.

Imagine, a local company doing so well in Batavia that they have to conduct their own job fair. The ad makes it sound like there are at least six openings, and from the job titles, I'm betting a few if not all of them pay "a living wage" (to use the oft-cited term for what makes a good job).

The company is Prime Materials Corporation, 6 Treadeasy Ave., in the City of Batavia.

The last time somebody left a comment asserting that nobody wants to do business here and all the businesses are leaving, I pointed out some counter examples, which I'll note again: Kravings Kafe and Great Kutz both just opened in Valu Plaza; Ken Mistler is readying two new businesses and planning a third; There's one newish business on Ellicott Street and another store coming; A Canadian company is opening a new location downtown; Mancuso Corp. is investing a substantial amount of its own money (not just the RestoreNY funds) into the Masse Gateway Project; Clor's Meat Market greatly expanded its operations by moving to a new location; people complain about the open store fronts on Main Street, but all of them have ongoing interest from potential businesses for those locations. And I'm sure I'm leaving out other new businesses and expansions.

Not to mention that there are several hundred businesses thriving in the city and several hundred more throughout the county.

For me and Billie, we consider Batavia a great place to base our own business. If we didn't, we wouldn't be here. That's a lot of things I could do or places I could be if I didn't see Batavia and Genesee County as a great opportunity.

The bottom line: the pessimism about Batavia and Genesee County as a place to do business is unwarranted and it's contradicted by the actual business activity in town.