batavia

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)

Richmond Memorial Library's budget vote and trustee election takes place today (Tuesday, May 6) until the library closes at 9 p.m. Voting takes place in the library's Gallery Room. The library is located at 19 Ross St. in the City of Batavia.

Any registered voter residing in the Batavia City School district is eligible to vote.

Ducklings waddling across Main Street are creating a dangerous condition. They are by the City Centre. Authorities are responding.

UPDATE 11:27 a.m.: An animal control officer is called to rein in the fowl.

UPDATE 11:36 a.m.: The ducklings, led by Mom, marched straight into the Tonawanda Creek on their own and in their own good time.

Help is sought in locating missing person John Shaughnessy, 38, of Washington Avenue, Batavia. He was last seen wearing blue jeans, gray sweatshirt, black boots. He is 5' 9" 140 pounds, black hair with a mustache and brown eyes. John was riding his bike, a red and white beachcomber style with whitewall tires and a small plate on the back that says John with Las Vegas. His proxy Charity R. Horncastle said that John is disabled with a severe social impairment and mild cognitive impairment. She said he will unknowingly put himself in danger. John has no food or clothing for inclement weather on his person nor a place to stay at night. She can be reached at (585) 813-5975 or call \Batavia PD at (585) 345-6350.

UPDATE: Shaughnessy has reportedly shaved off his mustache.  He was last seen yesterday at Tops wearing army fatigues.

UPDATE: Mr. Shaughnessy has been located and is safe.

A former Dellinger Avenue resident arrested in November following a string of robberies in Batavia and Oakfield as well as an alleged botched burglary of a local Rent-A-Center was arraigned on a new burglary charge this morning.

Mark J. Maltese, 42, was arraigned in front of Judge Robert C. Noonan in County Court on the seven-count sealed Grand Jury indictment.

The indictment was sealed because it contained the new burglary charge.

Maltese was already charged with three counts of robbery, 2nd, burglary, 3rd, and criminal mischief, 2nd.

He's now being accused of second-degree burglary and grand larceny, 3rd, for allegedly breaking into a residence on Hutchins Street on March 26, 2013, and stealing a safe with cash and jewelry worth more than $3,000.

Maltese is accused of committing armed robbery Nov. 21 at the Best Western in Batavia, Nov. 22 at the 7-Eleven in Oakfield and Nov. 24 at the Days Inn in Oakfield.

He was arrested Nov. 27 after he and an alleged cohort broke into the Rent-A-Center in Batavia and allegedly stole a big screen TV. They were tracked to a residence on Colonial Boulevard.

Previously:

• BREAKING: Arrest made in recent robberies
• Suspect says 'out of control' addiction to crack cocaine led to robberies

Trucks filled with base and binder are on the south end of Cedar Street this morning getting ready for this week's paving job. The south end will be closed until at least Friday. Everything north of Edwards Street remains open, though crews are putting the finishing touches on that street reconstruction project. Businesses on Cedar Street remain open.

City residents are invited to an open house at the Community Garden from 9 to 11 a.m., Saturday, 10 MacAruthur Drive (behind the Batavia Youth Center, the former wading pool).

Residents can meet the garden staff and learn about square-foot gardening, which provides a way for people looking for locally, grown fresh fruits and vegetables to grow their own in a way that is easier than digging up a plot of land.

There are more than two dozen beds available for residents to rent and applications can be obtained by calling the Youth Bureau at (585) 345-6420. Prices range from $15 for a 4'x4' plot up to $35 for the one 4' x 12' plot.

Plants that might be grown include tomato, green peppers, winter squash, eggplant, cucumber, green beans, basil, parsley and beets.

A gardner could wind up with more than 50 pounds of produce out of a 4' x 4' box.

The gardner provides the seeds or sprouts, waters and cares for his or her own box and brings his or her own tools.

Pictured: Master Gardner Bob Gray.