An arbitration panel will consider the positions of both the City of Batavia and Police Benevolent Association today after PBA members rejected a tentative contract negotiated by union leaders and city officials.

The 30-member union rejected the proposed contract negotiated by its leadership with city officials that included a 2.25 percent annual pay increase retroactive to 2007.

The proposed contract would have ran through March 2013.

Sources told WBTA that the contract included some health benefit concessions.

"Both parties worked hard to come to an agreement and I think we both thought it was OK," said City Manager Jason Molino.  "It’s unfortunate it wasn’t accepted."

Molino could not confirm the details of the rejected agreement.

We left a message asking for comment from PBA president Dan Coffey at his work number yesterday and haven't heard back from him yet.

An arbitration panel will consider police officers' pay in comparably sized communities, the positions of members and the city, as well as a community's ability to pay.

Molino said this is likely the first time a police contract has come before an arbitration panel since the state passed a property tax cap.

The cap could greatly impact a municipality's ability to adjust its budget to absorb union contract costs, but it's unclear if the cap will be an issue in this case.

"You would think the panel would consider it, but each arbitration is different and each panel is different," Molino said. 

The arbitration panel meeting is held in secret. It could be months before a decision is announced.

Under terms of the Taylor Law, when police and fire unions are unable to reach an agreement with government agencies, the dispute must be decided by an arbitration panel. Other government unions do not enjoy automatic arbitration and must reach a negotiated agreement.

An orange tractor sits in a field recently cut and baled along Ellicott Street Road in Bethany.

A barn off Mayne Road near Ellicott Street Road, Bethany.

Rolled bales of hay off Bethany Center Road, Bethany.

Two tractors on a farm on Cook Road, Pavilion. The top three photos were taken on Wednesday. This photo was actually taken on Monday.

Mercy EMS requested to the Pembroke Service Center on the New York State Thruway to evaluate a person reportedly thrown from a moving limousine in the area.

The person reportedly suffered only minor cuts and abrasions.

No word on what law enforcement is on scene, but this would likely be a Troop T (State troopers who patrol the Thruway) call, which we don't pick up on our scanner.

East Pembroke Fire also dispatched as required for an EMS call.

UPDATE 12:49 a.m.: When the East Pembroke chief arrived, he couldn't find the individual. Dispatchers recontacted Thruway authorities and were told that he had gone inside the service center and personnel should ask for a waitress named "Bunny" who could point him out. The chief spoke to personnel at the service center who said the individual walked out. There was also a report of a person walking on the Thruway, but he was spotted two miles east of the service center. "It may be one and the same call," says a dispatcher. There was no law enforcement on scene, but a trooper is dispatched. Now a chief says he has a visual on the subject, "but he wants nothing to do with us."

UPDATE 1:11 a.m.: Troopers on scene. Subject in custody.

UPDATE 1:18 a.m.: Medic with the subject now. Dispatch has received more calls about an apparently intoxicated male walking on the Thruway. Checking on availability of troopers to respond.

UPDATE 1:24 a.m.: Apparently, the two troopers handling the case at the service center are the only two Troop T officers on duty on the stretch of Thruway between Buffalo to Rochester.

UPDATE 1:36 a.m.: Troopers now checking eastbound. East Pembroke chief standing by.

UPDATE 1:57 a.m.: The pedestrian subject has been located. No medical assistance needed. East Pembroke back in service.

A resident in the area of East Main Street and South Street in Le Roy has reported he and his family were awoken by the sound of a gun shot.

Upon investigation, the resident says a bullet apparently entered the apartment through a window and lodged in a wall.

There is no suspect description available.

Nobody was injured by the shot.

Le Roy Police are responding.

Members of the Local Drug Enforcement Task Force have reportedly seized about $3,000 in cocaine after executing a search warrant against two individuals suspected of dealing drugs.

Taken into custody and jailed without bail were Edward J. Fuller (aka "Taz"), 21, of Parsells Street, Rochester, and Alex S. Dumbleton, 18, of Washington Avenue, Batavia.

Both are charged with two counts of criminal possession of a controlled substance, 3rd.

Task Force members executed the search warrant late Tuesday night by initiating a traffic stop on a vehicle occupied by Fuller and Dumbleton. The stop was made on Ellicott Street.

A search was conducted of the car and of a residence on Jackson Street.

The pair were allegedly found in possession of more than an ounce of cocaine with a street value in excess of $3,000.

Assisting in the arrest were the District Attorney's Office, Batavia police officers and Sheriff's deputies.

Photos: Top, Fuller; bottom, Dumbleton.

Even the fierce, sizzlin' heat couldn't keep this crew inside yesterday, as Holland Land Office Museum kicked off its eight-day "History Heroes Summer Program" at Harvester Cemetery. 

Program coordinator Ann Marie Starowitz (pictured below) took a group of 7- to 11-year-old kids to the cemetery to sketch the gravestones of famous Batavians. Afterward, they went to the Richmond Memorial Library to learn more about these people.

Starowitz said the tour was expanded to become an eight-day program this year. Last year, it only lasted three days.

Between now and July 22, the kids will learn about local history through research and hands-on activities like making their own butter, a mini-archeology dig, candle making and building a miniature log cabin home.

Here are some photos of the kids sketching gravestones (in most cases the photos are of the student and the gravestone he or she is sketching):

Courtney Biegasiewicz, 11, sketches the tombstone of William Morgan.

A very enthusiastic Bridget McCormack, 11, sketches former Batavian Trumbull Cary's headstone.

Liam Raines, 10, was assigned to Joseph Ellicott.

After completing his sketching assignment, 9-year-old Riley Schrader sketches what appears to be a monument to a Civil War soldier.

He was kind enough to show us his sketch before it was finished.

For more information on the Holland Land Office Museum and their programs, call 343-4727 or visit www.hollandlandoffice.com.

SUPPLEMENTAL PHOTO:

The gravestone of Genesee County's first supervisor -- and his wife.

Current update: 12:42 p.m.

Despite warning signs for patrons and training of employees regarding certain people with physical disabilities not being allowed on the Ride of Steel at Darien Lake, Sgt. James Hackemer was able to embark on the rollercoaster.

Hackemer should have been able to see a warning sign prior to boarding the ride that said patrons must have two legs, and the employee training manual mentions in more than one place that people with specific disabilities cannot be allowed on the ride, according to Sheriff Gary Maha.

“Darien Lake violated their own policies and procedures by allowing him to get on this ride,” Maha said.

Maha presented the findings of Sheriff's Office investigators at a press conference in Batavia this morning.

Hackemer, who lost both of his legs -- one leg was amputated up to his pelvis -- to a roadside bomb in Iraq, died at Darien Lake on Friday after being ejected from a seat at the front of the ride's red train.

Operators at the Ride of Steel were well aware of Hackemer when he boarded the ride and knew that he didn't have legs, Maha said.

The operators -- typically teenagers -- had no explanation for why they violated Darien Lake Theme Park policy by allowing Hackemer to board the ride, Maha said.

The ride rules, which are posted at both the entrance and exit, read "For the restraint devices on this ride to fully and safely engage, guests must have two legs and be within a certain range of size and physical dimension. In addition, guests must have sufficient body strength and the complete use of a least one arm and hand to hold the grab bar. No guests may ride holding anything or with artificial limbs attached."

The ride's exit ramp, in compliance with the American With Disabilities Act, serves as the entrance for disabled patrons. Hackemer boarded the ride after coming up that ramp. According to Sgt. Steve Mullen, Hackemer would have passed the sign to board the ride.

When Hackemer was ejected, his body was thrown forward and then struck the front of the train. At that point, Hackemer's body was thrown clear of the train and the tracks and landed on a grassy area below the train's third hill, which is on the Route 77 side of the ride.

"With the amount of force of the ride, he didn’t have the physical attributes necessary to be on the ride," Maha said.

Like many theme park rides, the rollercoaster has automated cameras near the end of the ride which takes pictures of patrons that can later be purchased. The picture of Hackemer's car, according to Maha, shows an empty seat with the lap bar still down and the safety belt still buckled.

"He just came out of his seat," Maha said.

Maha emphasized that the ride is safe. It was inspected the Department of Labor in May and again following the accident and no mechanical problems were found.

"I would get on the ride," Maha said. "It is safe ride."

Hackemer's nephew helped the Gowanda resident into the ride and was sitting next to him in the front car.

"There was very little discussion between the ride attendants and Mr. Hackemer or his nephew (while he as getting on the ride)," Mullen said.

There's no indication that Hackemer was in any trouble during the ride prior to the ride's third hill.

Maha described the nephew as "in shock" when investigator's interviewed him after the accident.

Darien Lake provided grief counselors to employees, Hackemer's family and any patrons who sought help the night of the accident, Mullen said.

The Ride of Steel has two trains -- a red one and a blue one -- and each is comprised of eight cars that hold four people each. The red train Hackemer was on was not full, so only about 24 people where on the train at the time of the accident.

Because ride attendants did not hold all of the riders at the location following the accident, investigators have only been able to interview those riders who have made themselves known.

While investigators would have liked to have talked with all the riders, Maha said that the few investigators could interview gave consistent reports of what they saw.

As the ride pulled into the boarding area, riders were screaming and yelling, according to Mullen, making it very clear there had been an accident and that a rider had been thrown from the train.

The accident has been investigated by both the Sheriff's Office and the NYS Department of Labor. The DOL's investigation is not entirely completed, but DOL officials met with the Sheriff's investigators yesterday to go over their findings.

The Sheriff's Office investigation was aimed primarily at determining if there was any criminal liability in the death of Hackemer and the investigation, after consultation with District Attorney Lawrence Friedman, concluded the death was accidental. Criminal charges are unlikely.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates for $10.

Alabama Hotel, 1353 Lewiston Road, Basom, NY: A historic and legendary tavern and restaurant. The Alabama Hotel is famous for its fish fries, but also serves a variety of top-quality entrees, featuring Certified Angus Beef. Now with expanded hours. We have $25 gift certificates for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Bohn's Restaurant, 5256 Clinton St., Batavia, NY. Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have $25 gift certificates for $12.50.

Cookies & Milk, 28 City Center, Batavia, NY. Cookies & Milk offers a wide selection of delicious cookies, cakes and pies. Now offering a full lunch menu that includes soups, salads and sandwiches. Stop by for something sweet! We have $10 gift certificates available for $5.

Delavan's, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Settler's, 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.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. Decorate your home or office for summer. We have a $20 gift certificate for $10.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

The Mane Attraction Salon and Spa, 99 Main St., Batavia, NY: offers "Affordable Luxury" in downtown Batavia.  We pride ourselves in the great customer service we give to the entire family.  Men, women and children are all welcome either by appointment or walk-in.  We offer all hair care  services including cuts, color, highlights, lowlights, perms, styling/updos, facial, leg and back waxing, Shellac Polish System, manicures and pedicures. We are the only salon in Batavia that has an airplane chair for kid's cuts.  Hours are 10 a.m. to 7 p.m. Tuesday through Friday and 9 a.m. to 3 p.m. on Saturday. We have $20 gift certificates for $10.

SOLD OUT

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

Press release:

Missing: Ronald Murray, 16 years of age.

Ronald Murray left his residence on July 5th, 2011.  There is no reason to believe that there are any criminal circumstances regarding his missing status. The Batavia Police are asking for assistance in locating Ronald Murray to confirm his well being. If seen, or a person has knowledge of his location, please call police dispatch 345-6350 to report.

The following arrests were reported in connection with the Vans Warped Tour at Darien Lake Performing Arts Center on Tuesday.

Eric C. Page, 20, of DeGroff Road, Nunda, is charged with trespass for allegedly allegedly jumping a fence to enter the venue without a ticket.

Matthew F. Abbruzzi,  20, of Christopher Way, Hawley, Pa., is charged with false personation and possession of alcohol under age 21. Abbruzzi allegedly gave a false name to police while in possession of alcohol. Abbruzzi was released on $200 bail. 

Elena M. V. Johnson, 17, of Parkside Avenue, Buffalo, is charged with false personation and possession of alcohol under age 21. Johnson allegedly gave a false name to police  while in possession of alcohol. Johnson was released on $100 bail.

After the jump, the names of individuals cited for allegedly possessing alcohol under age 21.

Brett J. Krebuszewski, 20, of Baynes Street, Buffalo
A 17-year-old of Victoria Heights, East Aurora
A 16-year-old of Fillmore Avenue, East Aurora
Tara A. Hunter, 20, of Madison Avenue, Brewerton
Courtney L. Simmons, 20, of Route 49, Central Square,
Ashley E. Wiatrowski, 19, of Holly Drive, Buffalo (two counts)
Paul S. Carroll,  20, of Church Street, Lancaster
Jaime E. Buirtrago, 20, of Trentwood Trail, Lancaster
Kara M. Macholz, 20, of Gridle Road, Lancaster
Nathan J. Cox, 19, of Chestnut Street, Belfast
Daniel P. Lee Jr., 19, of Haldane Street, Pittsburgh
A 17-year-old of Little John Road, Belfast
Dana M. Schuld, 18, of Route 305, Belfast
Jace L. Slocum, 20, of Fernwood Park, Rochester
Dillon C. Biskup, 18, of West Danby Road, Spencer
Anthony R.A. Hurst, 19, of Perry City Road, Trumansburg
Amanda M. Shaw, 20, of Sovocool Road, Groton
Bobbie L. Steeprock, 19, of Route 11A, Nedrow
Brittany N. Shields, 19, of Longmeadow Drive, Syracuse
Dylin E. Abbatoy, 19, of Glen Road, Berkshire
Anthony J. D’Angelo, 19, of North Main Street, Derry, NH
Maeve E. Beecher, 20, of Skyline Drive, Penn Yan
Erik E. Morehouse, 20, of Hillcrest Drive, Penn Yan
A 16-year-old of Aldridge Street, Gowanda
Christian M. Hilken, 20, of Pike Road, Batavia
Brandi E. Schmiedicker, 18, of Genesee Street, Corfu
Jeremy E. Sasiadek, 18, of Cayuga Creek Road, Cheektowaga
A 17-year-old of Ellington Street, Depew
A 16-year-old of Erie Street, Lancaster
Derek L. Pew, 20, of Genesee Street, Lancaster
Jeffrey N. Jones, 20, of Olean Street, East Aurora
Kelly M. Flynn, 18, of Crestview Drive, Brockport
A 17-year-old of Kams Road, Albion
Maria A. D’Addeo, 18, of East High Street, Lockport
Brennon L. Cain, 19, of Alanview Drive, Lockport
John J. Bannan, 19, of Ohio Street, Lockport
Chelsea L. Strickland, 19, of Hyland Road, Depew
Zachary T. Panchella, 18, of Vermont Street, Bath
Jordan J. Decker, 20, of Supervisor Avenue, Colden
Kylie J. Eaton, 19, of Ladner Avenue, Buffalo
Samuel R. Hall, 19, of Campbell Street, Bath
Michelle L. Carroll, 18, of Weiss Street, Buffalo
A 16-year-old of Weiss Street, Buffalo
Scott J. Burden Jr., 20, of 14th Street, Buffalo

A landing zone for Mercy Flight is being set up at Watson and Strouts roads, Elba, for a man who was injured after falling 15 feet from a ladder.

The man, working at a residence in the area, may have internal injuries.

Elba Fire and Mercy EMS are on scene.

UPDATE 8:15 a.m.: Mercy Flight on the ground.

UPDATE 8:28 a.m.: Mercy Flight in route to Strong.

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Family members are very worried about the whereabouts of Brittany Hackett.

The 17-year-old Pavilion girl has been missing since Saturday.

She may be in the Batavia area.

Brittany is described at 5' 5" tall, 120 lbs., with brown hair with blonde highlights and brown eyes.

In an e-mail, a family member says, "Any information you have would be greatly appreciated as her siblings are mourning over her disappearance."

Anyone with any information at all is asked to call either State Police at 344-6200 or Tammy Hackett at 261-1816.

Heard on the scanner...someone "is out woodchuck hunting."

Really? Do they eat them? Do they use slingshots or shoot them with rifles or arrows?

CPR (Computer and Phone Repair) is now open for business and co-owner Rich Clark said he wants people to know the new shop will emphasize customer service.

"Our motto is 'pay for what's needed and nothing more,'" Clark said. "We focus on the customer and try to save them as much as we possibly can."

The store opened two weeks ago and Clark and partner Jim Vo hosted a grand opening over the weekend, but word is already spreading fast about the new shop, Clark said.

“We want people to feel like they're getting more than what they're paying for," Clark said. "We stand behind all of our work. Don’t forget we were once on the other side of the desk and understand how it is to be the consumer. We understand that our customers may not know as much as we do, so we want them to feel comfortable and not as if they're being belittled or taken advantage of.”

A Batavia native, Clark has years of experience in computer repair, including stints at other local repair shops.

As the name says, CPR does more than repair computers. These days, many phones are just miniature computers and they can be as expensive as some desktops.

“Most people don't know that the cell phone they received when starting their contract can run as much as $700 to replace," Clark said.

CPR is an authorized Dish Network retail outlet and has also partnered with a Rochester-based company to offer website design.

The new shop is located at 216 E. Main St., Batavia, and is open from 9 a.m. to 6 p.m., Monday through Friday and 11 a.m. to 3 p.m. on Saturdays. The store number is 344-7085.

Photo: Rich Clark in his repair shop holding a laptop that has previously been mentioned in The Batavian. In December, 2008, Clark posted a free classified ad about the laptop being stolen. The ad may have led to the return of the computer.

The Obama Administration is stepping up pressure on Congress to pass new free trade agreements, but Rep. Kathy Hochul (NY-26), elected to represent WNY in a special election a month ago, says she will stand by her campaign promise to vote against the proposed treaties.

In response to a question from The Batavian, her congressional spokesman, Fabien Levy, sent the follow message:

She still remains very opposed to all of the free trade agreements. I remember that during the campaign she went beyond your question on one free trade deal and answered it on all the free trade deals.  

Here's the question and answer Levy mentions:

Q: The next representative of the NY-26 is likely going to be asked on vote on the South Korea – United States Free Trade Agreement. If elected, will you vote “Yes” or “No.” After offering a straight up or down answer, please explain your yes or no vote.

A: No, I do not support the U.S./South Korea Free Trade Agreement. I also do not support the U.S./Panama or the U.S./Colombia Free Trade Agreements.

Millions of hard-working Americans have lost their jobs due to unfair trade deals like NAFTA and CAFTA and entering into additional free trade agreements will only further harm our economy. Instead of expanding trade policies that have resulted in thousands of good paying Western New York jobs being sent overseas, we need to focus on creating an environment that gives smalls businesses the opportunity to innovate and grow, right here in the 26th District.

Hochul's opponent, Jane Corwin, took a far less solid stand on trade issues, but did say during a campaign appearance in Batavia that she supported "fair trade" and wasn't a "protectionist."

Trade arguably played an important role in Hochul winning the election. Polls seem to indicate that voters switched support for the outspoken anti-free trade candidate Jack Davis to Hochul, rather than Corwin, in the final week of the election.

Related to Hochul's position on free trade last week, the newly minted representative supported measures to crack down on currency manipulation by China.

(Photo: file photo)

A full press release from Hochul's office on that issue after the jump.

CONGRESSWOMAN HOCHUL URGES Action on TRADE
Fights to level the playing field for U.S. manufacturers

Washington, DC – This week, Congresswoman Kathy Hochul took action to force a vote on bipartisan job creating legislation that would crack down on China's unfair currency manipulation and force China to play by the rules on trade.  Hochul joined other House Members in signing a petition to bring up The Currency Reform for Fair Trade Act, a bipartisan measure from Reps. Sander Levin (D-MI), Tim Murphy (R-PA), and Tim Ryan (D-OH).

“The time for Washington to act is now,” Congresswoman Hochul said. “This move will force the House Leadership to allow a vote on the Currency Reform for Fair Trade Act. This is about supporting American companies and American manufacturers and helping them create between half a million and two million jobs. Not only would it enhance our economic and national security, but it would do so at no cost to American taxpayers.” 

The Currency Reform for Fair Trade Act will help American businesses compete on a more level playing field by treating fundamentally undervalued currencies as a prohibited subsidy, allowing the U.S. to take action to counter this unfair trade practice. This legislation is an essential element in addressing currency manipulation by the Chinese government that has jeopardized efforts to create and preserve U.S. manufacturing jobs. 

“For far too long China has gotten away with manipulating its currency to decrease the price of its goods on the world market,” Hochul added.  “I believe American products can and will compete, and we’ll see a resurgence in exports here in America when we make our trading partners play on fair ground.”

The Chinese government continues to intervene in the markets to suppress the value of its currency – making American exports more expensive and Chinese products cheaper.  

The legislation overwhelmingly passed the House of Representatives last year with a vote of 348-79.

Sheriff Gary Maha met briefly with a couple of members of local media and announced that the Sheriff's Office will conduct a press conference at 10 a.m., Wednesday, to discuss the investigation into the death of James Hackemer at Darien Lake Theme Park.

Maha declined to discuss findings from the investigation until tomorrow.

Officials from the Sheriff's Office reportedly met this afternoon with investigators from the Department of Labor.

Hackemer was ejected from the Ride of Steel at Darien Lake on Friday.

As of yesterday, the bridge on Route 20 over Oatka Creek, Pavilion, has been closed for repairs. 

The closure is apparently part of a $2.8 million NYS DOT project to repair several bridges in Western New York.

We called the DOT today to try and get more information, but have not received a call back.

No word on when it will reopen (though, yesterday at 6 p.m., traffic was still going over the bridge, even though there were "road closed" signs at Texaco Town.

Police requested to the scene of Austin Park where a male who is described as 6' 4" and 220 pound is accused of spitting in the face of a woman.

The two people reportedly had an argument, non-domestic, in the area of the spray park.