batavia

Press release:

In a monitoring system that has evaluated 2,300 local governments fiscal condition statewide, the City of Batavia has been ranked better than most cities across Western New York. Last week New York State Comptroller Thomas P. DiNapoli announced the completion of the initial scoring for all local governments and school districts in New York in the Fiscal Stress Monitoring System.

Last week the Comptroller issued Batavia a fiscal stress score of 0 percent for 2013, the lowest possible score. Other scores for fiscal years ending in 2013 that were released last week included Buffalo (15.8 percent), Corning (15.8 percent), Olean (11.7 percent), Rochester (20 percent), Syracuse (34.2 percent) and Watertown (9.6 percent). Other Western New York communities included the cities of Canandaigua (1.7 percent), Geneva (28.8 percent) and Oneonta (15.8 percent).

The system uses a 100-point scale to classify whether a municipality is in significant fiscal stress (65 to 100 percent), in moderate fiscal stress (55 to 65 percent), is susceptible to fiscal stress (45 to 55 percent), or no designation (below 45 percent).

“This confirms that the City has and continues to take the necessary steps to ensure the City is on solid financial footing,” said City Council President Brooks Hawley. “Building a solid financial foundation has been a priority in the City’s Strategic Plan and provides the City with the ability to accomplish more in the future, and build a stronger community long-term.”

The Fiscal Stress Monitoring System was created by the Office of the State Comptroller to identify local governments and school districts that are in fiscal stress as well as those showing susceptibility to fiscal stress. The Fiscal Stress Monitoring System is based on financial information provided to the Comptroller’s Office by local communities and uses financial indicators that include year-end fund balance, cash position and patterns of operating deficits, to create an overall fiscal stress score. To date the Comptroller’s monitoring system has identified a total of 142 municipalities in some level of fiscal stress. This includes 16 counties, 18 towns, five cities, 16 villages and 87 school districts.

The City of Batavia’s Strategic Planning process is the foundation from which the City’s Business Plan for services and annual budget are based. The intent of the Strategic Plan is to allocate City resources to best meet the needs of our residents, while balancing the environmental factors that may affect the City in the future. The City’s reassurance that they were on the path to financial recovery was seconded in July 2012 when Moody’s upgraded the City’s bond rating from “A2” to “A1."

Third Ward City Councilmember John Canale, and a member of the City’s Audit Advisory Committee, shared his thoughts on the City’s score, “Once again we have received confirmation that the City is headed in the right direction financially. I think accomplishments like this only contribute to the City’s efforts to improve services, strengthen our infrastructure and provide greater opportunities for Batavia.”

The Audit Advisory Committee was established to provide oversight to the financial and compliance reporting process and external audit process. The Committee will be responsible for meeting with the auditors prior to the audit, reviewing risk assessment, reviewing the draft financial statements and making a recommendation on acceptance of the external audit reports to the City Council.

Residents interested in applying for the Audit Advisory Committee can obtain an application from the City Clerk’s Office or can visit our Web site at www.batavianewyork.com/Files.

Bishop Richard Joseph Malone is visiting Batavia today. The bishop attended the student Mass at St. Joseph's Roman Catholic Church this morning, then went to St. Joe's School for lunch with students before a brief tour. He will tour Notre Dame High School this afternoon.

You wouldn't necessarily associate artistic flare with pickup truck bedliners, but the ability of Nate Fix to precisely spray protective coating helped him land a contract spraying liner on a new model of search and rescue watercraft. 

Bombardier designed the new craft to meet the needs of fire departments involved in all types of water rescue and developed very exacting specifications for the hulls of the craft.

Fix, an art major in college and owner of Rebel Liners, on West Main Street Road, Batavia, is spraying coating on 100 boat bottoms for the Canadian-based company.

Fix is an emergency dispatcher for the county and assistant chief with the Town of Batavia Fire Department, so the contract hits another sweet spot for the lifelong Batavia resident.  

The boats use Bombardier's Ski-Doo snowmobile platform.

The SARs (search and rescue) crafts are suitable for surf and white water rescue as well as bodies of water that are only eight-inches deep.

Rebel Liners was the fifth or sixth company that was contacted by Bombardier and the first that could assure the manufacturer of a coating application that would meet spec. The coating can't vary in thickness from stem to stern, from port to starboard, by more than 2.6 to 3.2 millimeters. Any greater variation would inhibit the proper water intake of the craft's engine as well as affect steering.

"I've been spraying for a little over 10 years now and when you get into bedliner equipment and machinary -- and being that I'm a speciality guy and I spray $50,000 and $60,000 trucks and I have to make them look pretty -- I was the only one in the country they could find who could do the job," Fix said.

When Fix was first approached about the project, however, he was skeptical. In fact, at one point, he was going to turn it down.

The project was at that time top secret.

"I couldn't know what it was about or who it was for," Fix said. "It went on for two months and got to the point where I told them, you know what, I'm not interested. I don't even know who I'm doing this for."

Then he received the CAD plans and notice the copyright down in a lower corner. Bombardier.

"Then I realized it wasn't just mom and dad making a couple of boats and wanting to see if it would work," Fix said. "I realized this was big time."

The coating fix uses is by SPI, a K5 polyurea. It's the same coating he sprays into pickup trucks. It protects the hull of the rescue crafts if they hit rocks or buried tree stumps. Fix said Bombardier tested one of the boats he sprayed and dropped it 17,000 times.

"If it was just the fiberglass, it would have cracked," Fix said.

That's art.

Sherri C. Butler, 54, of West Main Street, Batavia, is charged with harassment, 2nd, and trespass. Butler allegedly remained on a property at 5:18 p.m., Thursday, after the owner asked her to leave. She allegedly threatened the owner. Butler was jailed on $500 bail.

Andrew R. London, 22, of Goodrich Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, driving in violation of a conditional license, and refusal to take breath test. London was stopped at 2:11 a.m. Monday on Pearl Street, Batavia, by Officer Eric Foels, for an alleged equipment violation. London was jailed on $5,000 bail.

Michael Patrick Murphy, 29, of Walnut Street, Batavia, is charged with criminal possession of a weapon, 3rd. Murphy was arrested after Officer James DeFreze observed a switchblade knife in his residence. Murphy was jailed without bail.

Linda Metcalf's painting "Hussies" was honored with the Best in Show ribbon in the 2014 Batavia Society of Artists Art Show at the Richmond Memorial Library.

Metcalf arrived at the reception this evening surprised to learn she won.

The show runs through May 28.

First place went to Kevin Feary ("End of the Season"), second to Terry Weber ("Poppy's Garden") and third to Dennis Woods ("Cosomos in Cosmos"). Honorable mentions: Carole LaValley, Kathryn Roblee and Maidul Kahn. Metcalf and Wood also received honorable mentions for their paintings "Finally Spring" and "Fancher Fill-Up."

Katherine Clark, pictured with Peter Mumford, won the Virginia Carr Mumford Award. Clark attends GCC and plans to pursue a career in art.

Terry Weber

The City of Batavia has denied The Batavian's request for the incident reports and possible video related to an unintended discharge of a weapon by a Batavia police officer last month.

From City Clerk Heidi Parker, the city's Freedom of Information Law Officer:

Your request for the incident report, witness statements and video, if any, has been denied after discussion with Bob Freeman from the Committee on Open Government based on NYS Civil Rights Law section 50-a since the incident in question is part of the officer’s training and evaluation process to continue employment with the City. The incident report specifically is denied based on unwarranted invasion of personal privacy.

The Batavian has taken the next step in the process for demanding disclosure of public documents and filed an appeal with City Manager Jason Molino.

To say that routine incident reports are used in officer evaluation would essentially make all police documents related to incidents confidential. Even routine arrests would be hidden from the public. That's clearly not the intent of the legislature.

Numerous sources have provided information to The Batavian indicating that there is more to this incident than Chief Shawn Heubusch is disclosing. 

UPDATE Friday, 4:50 p.m.: We received a letter from Jason Molino informing The Batavian that he is partially granting our appeal.  The incident report will be released after personal information has been redacted. Up to five business days. He's denying the request for "Special Reports" and "Police Training Reports" (we didn't specifically request those documents, because we didn't know the names of the documents, but they could be generally construed as covered by our request).  Molino said those documents are expect from disclosure under Civil Service Law 50-a.  He provided copies of the complete redacted reports, with only the memo heads remaining.  Since these reports appear to have been generated in conjunction with an internal investigation, it's likely these documents would be considered "used to evaluate performance toward continued employment or promotion." 

Previously: Accidental weapon discharge leads to internal police investigation

Press release:

Single-game tickets for all 2014 Muckdogs’ home games at Dwyer Stadium go on sale Monday, May 12 beginning at 9 a.m. at the Dwyer Stadium Box Office or over the phone by calling (585) 343-5454. Normal box office hours are 9 a.m. to 5 p.m. Monday-Friday.

The same great, affordable ticket prices are back again in 2014. Tickets range from $7.50 for box seats to just $6.50 for adult General Admission tickets and $5.50 for kids and senior General Admission tickets.

During the season, the ticket office opens on game days at 9 a.m. Monday-Friday and closes at the end of the fifth inning. On Saturday and Sunday, the ticket office will open at 10 a.m. and close after the fifth inning.

Season tickets, coupon books, ticket packages, and group tickets are on sale now.

For more information, visit Muckdogs.com or call (585)343-5454 and press zero, Monday through Friday from 9 a.m. to 5 p.m.

The Muckdogs open their 2014 home schedule on Saturday, June 14 vs. the Auburn Doubledays at 7:05 p.m. The annual Independence Day celebration is on July 3rd this year.

In addition to their Pinckney Division rivals, the Muckdogs will welcome the New York Yankees (Staten Island), Boston Red Sox (Lowell), New York Mets (Brooklyn) and the Detroit Tigers (Connecticut) farm teams to Dwyer Stadium in 2014.

A demolition crew spent the morning tearing down the second house on West Main Street next to Castilone Chyrstler Dodge to make room for the dealership's expansion. Rather than move out of the city, the owners Steve Castilone and Greg Strauss decided to remodel their existing showroom and expand on West Main.

Joseph A. Saraceni, 17, of Linwood Avenue, Batavia, is charged with first-degree rape, a Class B felony. Saraceni was arrested by Batavia PD following an investigation by Det. Charles Dudek and Det. Thad Mart in an alleged incident reported Nov. 11 on School Street, Batavia. No further details released.

Lance Mercado, 23, of Holland Avenue, Batavia, is charged with operating a motor vehicle impaired by drugs. Mercardo was arrested after Batavia PD received a reported of a possible intoxicated driver in the parking lot of McDonald's at 1:18 a.m., Tuesday. Mercardo was arrested by Officer Matthew Lutey.

Eric J. Davis, 36, of Corfu, is charged with criminal contempt, 2nd. Davis was arrested by State Police for an alleged incident reported at 6:52 p.m. Tuesday on Drake Street, Oakfield. No further details released.

Timothy M. Gardiner, 38, and Maria A. Gardiner, 48, both of Scottsville, are charged with criminal possession of stolen property, 3rd. Timothy and Maria were arrested by State Police in connection with an alleged incident reported at 9:39 a.m. Feb. 16 in the Town of Bergen. No further details released.

Heidi H. Stumbo, 48, of Lima, is charged with petit larceny. Stumbo was arrested by the State Police on the Tonawanda Indian Reservation. The alleged theft was reported at 1:04 p.m., Monday. No further details released.

It's spring and local farmers are getting their fields ready for planting. Photo taken from Lewiston Road of field owned by MY-T Acres.

A company with roots in New York, but currently based in Connecticut, is looking to build a plant at the Genesee Valley Agri-Business Park that would convert food industry waste into heat and electricity.

"We make green power out of organic waste," said Paul Toretta, CEO of CH4 Biogas, while presenting his company's plans to the Town of Batavia Planning Board. "Once the digester does its thing, it captures methane and powers an engine that makes green power and puts it on the grid. The engine produces heat that can be used to heat Quaker Muller and Alpina, helping them cut their heating bill."

The cost of the plant is $15 million and CH4 has already secured a $2 million Cleaner and Greener grant from NYSERDA to help fund the project, but is looking to the state for more help.

Toretta said state officials recommended the company present its proposal to the town planning board because the state wouldn't get behind the idea unless it has community support. The state backing would help the company secure bank loans to completely finance the project.

"We're in a holding pattern while looking for help with funding," Toretta said when asked about the timetable for the project.

Once funding is in place, the plant would take nine months to build. The design is already completed because it's the same design used by the company for plants in Wyoming County and Ohio (for Campbell's Soup).

"We only build one plant," Toretta said. "It's the same plant over and over again."

CH4 would use local contractors to build and maintain the plant, which would eventually employ eight people full time, Toretta said.

"When you put that much concrete and steel in the ground there will be a number of people employed," Toretta said.

The plant would be expected to last at least 30 years.

"The project is upfront capital intensive," said Toretta, who is originally from Potsdam. "It takes 15 years to return the money invested to do this. It's a slow, steady project. You borrow money and it takes 15 years to make any return."

CH4 already processes whey and other waste from the Alpina and Quaker Muller (no whey comes out of the Muller plant) in Wyoming County.

A plant in the ag park would reduce transportation cost and the impact on the environment to truck it more than 20 miles away.

The plant would also help the Genesee County Economic Development Center attract more food processors to the ag park, Toretta said.

Chris Suozzi, GCEDC's VP for business development, agreed.

"It would complement what we're already doing," Suozzi said. "It would definately help with the marketing when you have a green ag park. What better way to market the park and bring in more companies?"

The plant would be set up so it could take any sort of organic food waste, including waste from products that were already packaged but were found to be defective in some way so couldn't be shipped to customers. Toretta said the plant could separate the food waste from the packaging and then recycle the plastic or metal containers.

The plant would produce very little waste itself, but what it did produce would go into the local sewer system, but with much less biological chemicals and suspended salts than could otherwise go into the waste stream.

The plant would also produce little in the way of odor, which is important to Alpina and Quaker Muller because the plant would be upwind from those facilities.

"If there was any type of odor, as you can imagine, Campbell Soup would not allow us to operate our plant there," Toretta said.

Maleak H. Green, 21, of Ellicott Street, Batavia, is charged with criminal contempt, 2nd, assault, 3rd, and endangering the welfare of a child. Green was allegedly involved in a physical altercation with a woman while in the presence of a child. Green was allegedly ordered to stay away from the residence. He was jailed on $5,000 cash bail, $10,000 bond.

Marcus Allen Ciociola, 18, of West Main Street, Corfu, is charged with criminal contempt, 2nd. Ciociola is accused of violating an order of protection.

Lisa M. Vega, 45, of East Main Street, Batavia, is charged with petit larceny. Vega allegedly stole items from Dollar General.

A caller to dispatch reported two dogs locked in a vehicle with the windows up near the food entrance at Walmart. The caller was concerned because they were panting. An officer responded and found several vehicles in that vicinity with dogs locked inside.

Scott A. Kopper, 36, of Batavia, entered a not guilty plea today on a four-count indictment that includes an accusation that he assaulted a Sheriff's deputy.

Kopper remains in custody and his next scheduled court appearance is July 8.

Judge Robert C. Noonan also signed three orders of protection, including one for Deputy Brian Thompson, the deputy Kopper is accused of dragging with his car Jan. 7.

Thompson is currently assigned to courthouse duty and Noonan noted that one of the orders involved Thompson and said the only way the order could be fair is if it allowed incidental contact between Thompson and Kopper while Thompson is on duty, barring any offensive conduct by Kopper.

Kopper is facing counts of assault, 1st, reckless endangerment, and two counts of assault, 2nd.

Previously: Truck drivers assist deputy being dragged by suspect's car

A rollover accident involving a 2001 Ford pickup truck was discovered by a deputy at 5:41 a.m. Monday morning in the Town of Byron.

The truck, allegedly driven by 20-year-old Jeremy S. Geisler, of South Swan Street, Batavia, was traveling northbound on Route 237 when it reportedly went off the east shoulder of the roadway. It then struck a guide rail, tumbled down an embankment and over a creek, striking several trees before coming to rest on its wheels, according to the accident report of Deputy Frank Bordonaro.

The officer came across the accident scene while on patrol and found the vehicle unoccupied and no one was around.

After investigating, Geisler was cited for allegedly moving from lane unsafely and leaving the scene of an accident without reporting it.

(initial report)