batavia

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.

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.

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.

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.

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.

It only took one vote to prevent the Batavia City Council on Monday from passing a ban on drinking in public parks. But stopping passage of the ordinance change is only temporary.

The city council will likely vote on the proposed ordinance at its next business meeting in August, and with only three dissenting views on council, it will likely pass.

Rosemary Christian, Kathy Briggs and Sam Barone all cast no votes.

Christian clashed with Council President Marianne Clattenburg over the proposed change in the law as well as a new policy making the parks tobacco-free zones.

Christian, a smoker, objects to the policy change on smoking in public parks without the creation of designated smoking areas.

Twice Clattenburg gavelled down Christian as she argued over the smoking policy.

The policy isn't a law. Legally people can still smoke in the parks, but police officers will be instructed to ask smokers not to smoke or to leave if they want to continue smoking.

Signs will be posted informing park patrons that the areas are tobacco-free areas.

As for drinking, Christian is concerned that the change in the ordinance will prohibit the seemingly innocent pastime of a couple enjoying a picnic with beer.

From WBTA:

"You mean to tell me you can't go with your friend or your husband, and have a little picnic...and then you have a beer and you're going to be arrested?" she asked. 

"Do you really think that's going to happen?" Clattenburg asked. "I sure hope not, but what's the point of even passing it?" Christian fired back.

"We have an issue...people loitering and drinking in our parks. That's what we're trying to fix here," Clattenburg said. "It's got nothing to do with you and your honey having a beer on a picnic," she added.

The exchange opened a discussion about how police can't enforce the law against one group of people, or say you can have two beers but not four.

Because we're already in the middle of summer, the bill was being fast-tracked so enforcement could begin immediately, but under state regulations, a fast-track bill requires unanimous approval. Because of the three no votes, the bill is not yet law. The council will vote again -- when a simply majority is all that's needed for passage -- at its August business meeting.

For full coverage from The Batavian's news partner, WBTA, click here.

Genesee Community College will receive a $209,000 grant for its Nursing Workforce Diversity program. The board of trustees learned the good news Monday night when they met at the Batavia campus for the annual election of officers.

The grant is from the U.S. Department of Health and Human Services and will help licensed practical nurses successfully transition to the college's nursing program and eventually become registered nurses. The funding provides mentoring, tutoring, stipends, scholarships and technology support. This is the second Nursing Workforce Diversity grant the college has received.

Trustees reelected Charles R. Ruffino as board chair for the 2011-2012 year; as well as Maureen T. Marshall, vice chair; and Diane D. Torcello, secretary.

Ruffino is a resident of Batavia and a retired New York State Department of Education administrator. Marshall, of Elba, is owner and operator of Elba-based Torrey Farms. Torcello, of Pavilion, is a Bank of Castile branch manager.

The board also approved a resolution authorizing President Stuart Steiner to execute documents for the sale of the lease of the Verizon cell tower located on the Batavia campus. The resolution updates board action from June, and gives the college the opportunity to receive proposals from more than one company.

Sale of the lease would provide at least $176,000 to the college, as well as 50 percent of any revenues generated from the tower. The sale is subject to an environmental review and approval by the Genesee County Legislature, sponsor of the college.

Lastly, trustees approved a series of technical revisions to board policies, such as inclusion of gender-neutral language in policies.

The following projects have been approved for tax abatements for job-creation and retention projects, according to the Genesee County Economic Development Center:

• An $18,000 sales tax exemption has been approved by the GCEDC board for Ken Barrett Chevrolet, 229 W. Main St., Batavia, for expansion of its collision shop. The shop will expand from 7,833 square feet to 15,536 square feet and will cost $635,000. Three new jobs will be created and 10 jobs retained.
• Graham Manufacturing, 20 Florence Ave., is planning an expansion of its finishing (sandblasting and painting) operation. GCEDC has granted a sales tax exemption of $36,818 and a PILOT tax abatement of $89,088. The project will create an estimated 30 new jobs and help retain 278 existing jobs. The $1.8 million expansion will add 10,000 square feet of manufacturing space to the facility.
• Angelica Textile Services, Inc., 1-3 Apollo Drive, will receive a $15,125 mortgage tax exemption to help refinance its current $1.2 million mortgage. The project will help retain 78 jobs in Batavia.
• J&L Feed is planning on converting current greenhouses at 47 West Main St., Corfu, into a project called "The Market," which will create a floral shop, fresh meat and deli market and a general store. An approximately 3,400-square-foot building will be constructed and existing greenhouses will be demolished. J&L will receive a $22,000 property tax exemption, $4,800 sales tax exemption and a $1,250 mortgage tax exemption. An estimated three jobs will be created.

A former Bergen resident who was recently accused of stealing a mailbox from a neighbor is facing a grand larceny charge for allegedly stealing $14,650 from her former employer.

Michele Ann Case, 46, of 1037 Chili Center-Coldwater Road, Rochester, a registered nurse, is accused of submitting inflated mileage claims and fraudulent "call-in" claims that, in effect, diverted $14,650 from her employer.

Case worked for the company, which is not named in the press release, from late 2008 through January 2011. She is accused of filing the inflated claims from January 2009 through January 2011.

Following arraignment in Batavia City Court, Case was released under supervision of Genesee Justice.

The alleged larceny was investigated by Det. Charles F. Dudek, Batavia PD.

In June, Case, who was listed as a resident of North Bergen Road, Bergen, in previous arrest reports, was accused of stealing a mailbox. In comments on The Batavian, Case said she thought the mailbox was unused and was merely recycling it.

Previous stories about Case:

• Police Beat: Woman accused of not waiting for son at bus stop
• Criminal case dismissed, but reason being kept secret
• Bergen woman accused of stealing $35,000 from elderly woman's bank accounts

A vehicle struck a tree, then a house at 15 Holland Ave. in the City of Batavia. There are no injuries reported. City fire responded and is clearing. There is a small amount of structural damage to the porch and a little damage to the vehicle.

A total of 36 tickets were issued to 11 drivers of commercial vehicles during a check point set up on Route 98 near the Thruway entrance on June 23, Batavia Police announced.

Besides the citations, two trucks were taken out of service until necessary repairs could be made.

The city's enforcement effort was funded through a Selective Enforcement Program grant through the Governor's Traffic Safety Committee.

The police department said such enforcement details will continue throughout the summer and fall.

Patrick John Tomai, 30, of Clinton Street Road, Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Tomai is accused of being involved in a domestic dispute with his wife at 8:38 p.m. Saturday while his children were present.

April Lynn Burke, 30, of Golfshire Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to signal. Burke was stopped at 12:33 a.m. Saturday on Route 33, Town of Batavia, by Deputy Jason Saile.

Stephen Wade Thompson, 34, of West Main Street, Attica, is charged with petit larceny. Thompson is accused of trying to conceal $64.78 in stolen merchandise at Kmart in the box of an air conditioner he had purchased and picked up from layaway.

Ricky Oliver Cooper, 34, of Warsaw Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and no seat belt. Cooper was stopped at 10:33 p.m. Sunday on Sweetland Road, Stafford, by Deputy Matthew Butler.

Andrew Charles Maier, 25, Sumner Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings. Maier was stopped at 2:41 a.m. Monday on Broadway Road, Alexander, by Deputy Howard Carlson.

Workers from a Rochester-based contractor on Bank Street this morning installing traffic sensors for the traffic lights.

Children participating in one of the city's summer recreation programs paid a visit to City of Batavia Fire Department today and got to meet firefighters and learn about their jobs and see the equipment they use.

Reader Jane Johnson said this pooch appeared in their yard this morning, very friendly, loves being around kids and had a collar and rabies tags.

But she has no idea who owns the dog.

The owner can contact Johns at 739-0378.

A possible house fire is reported on Hutchins Street near South Jackson Street. A neighbor reports smoke is pouring from the roof. City fire department is responding.

UPDATE 10:17 p.m.: Firefighters on scene see fire and smoke coming from the area of 146 Hutchins St. Southwest winds at 1 mph. "It's a personal bonfire." City ladder truck 15 in service. Police who responded said the smoke was caused by juveniles at the site putting leaves on the fire. The bonfire is apparently legal.

UPDATE 10:32 p.m.: The people enjoying the bonfire put it out.

Here's a press release about Sunday's local home and garden tour.

The Landmark Society of Genesee County, Cornell Cooperative Extension Master Gardeners and St. James Episcopal Church are collaborating for a July 10 home and garden tour.

The event will run from 1 – 5 p.m. and 11 homes are included on the tour. The ticket price is $20, $15 for Landmark Society members, and can be purchased at Harrington’s Greenhouse in Batavia and the St. James Church office.

After visiting the gardens, there will be a dessert reception and presentation by Master Gardeners and a question-and-answer period at St. James Church. Door prizes will also be awarded donated by local greenhouses.

For more information, please call 343-6802.

A car versus motorcycle accident, with injuries, is reported at Walnut and Law streets. The caller at the scene reports the motorcyclist is conscious. City fire and police along with Mercy EMS are responding.

UPDATE 7:17 p.m.: Portions of the streets will be shut down temporarily due to the accident.

UPDATE 7:32 p.m.: The motorcyclist is being taken to UMMC with non-life-threatening injuries. The fire engine is back in service.

A brush fire is reported in front of 3445 Galloway Road, just west of Kelsey Road. Town of Batavia Volunteer Fire Department is responding.

UPDATE 5:13 p.m.: "It looks like a controlled burn in a swampy area by the road. But nobody's around," says an officer at the scene. A non-emergency response is requested.

UPDATE 5:15 p.m.: Logs about 60-feet long and a tire are burning. They are not sure if the logs are within DEC regulations, but they know the tire is not. They are going to put out the fire "in leiu of a report."