batavia

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."

A property damage accident is reported in front of Arby's on West Main Street in the city. It is blocking traffic. City fire and police are responding.

William R. Green, 52, of Batavia-Elba Townline Road, Elba, is charged with harassment, 2nd. Green was reportedly involved with a dispute at 10:15 p.m., Thursday and during the dispute, Green allegedly grabbed his neighbor by the neck and punched him. Green was jailed on $200 bail.

James R. Tydelski, 55, of 7800 Hewes Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at a stop sign. Tydelski was stopped at 1:06 a.m. at the intersection of Mill and Lake streets in the Village of Le Roy by a Le Roy Police officer.

Joshua Todd Fullmer, 18, of West Main Street, Batavia, is charged with petit larceny. Fullmer is accused of shoplifting $34.98 worth of merchandise from Kmart.

Warren Walter McClure, 40, of Hamilton Road, Buffalo, is charged with burglary, 3rd. McClure is accused of entering a business in the Town of Batavia while it was closed on Feb. 6 and stealing money, checks and surveillance cameras.

Todd F. James, 48, of School Road, Byron, is charged with disorderly conduct. James allegedly refused to turn down his radio creating "unnecessary noise" in his neighborhood for more than three hours.

Kelsey Marie Davis, 19, of unreleased street address, Batavia, is charged with harassment, 2nd. Davis was arrested following an investigation into a fight during the Tim McGraw concert at Darien Lake Theme Park on June 25.

Samuel Robert Thompson, 55, of Shady Lane, Batavia, is charged with petit larceny. Thompson is accused of stealing a bicycle from a parking lot.

When Kathy Hochul made a campaign appearance in Batavia at the YWCA, I asked her about Genesee County's deteriorating infrastructure and what could be done about it at a federal level.

Hochul started by expressing concern about a problem that she sees across Western New York, with pot-holed roads and rusting bridges. As she spoke, it was almost as if the thought occurred to her on the fly -- why are we spending billions building roads in Pakistan when we have so needs here at home.

She picked up the theme in subsequent debates and appearances.

Today, Hochul's congressional office announced that she's kept her campaign promise, voting to reduce aid to Pakistan.

Press release:

WASHINGTON, DC – Today, Congresswoman Kathy Hochul voted in favor of Republican Congressman Ted Poe’s (TX-2) amendment to the Department of Defense Appropriations Act, which would cut funding to Pakistan by $1 billion. 

“Today’s votes were about priorities,” said Congresswoman Hochul.  “Would we rather spend a billion dollars in Pakistan or spend that money right here at home? I know the people of the 26th District would much rather have that money invested in infrastructure, education, and job creation right here in the United States, rather than in the country that hid Osama bin Laden.”

Since being sworn in last month, one of Congresswoman Hochul’s top priorities has been cutting spending and reducing our deficit. In addition to cutting funding to Pakistan, Congresswoman Hochul today voted to cut $675 million from infrastructure in Afghanistan, citing the need to improve infrastructure in our own communities.

First goal after leaving the court house around noon -- getting a pulled pork sandwich from Alston's at the Downtown Public Market. Second goal, photos at the market.

Both goals accomplished.

And I also learned that Alston's now participates in the Genesee Country Farmers Market at Batavia Downs. That market is open on Tuesdays and Fridays, but Alston's is only there on Fridays.

The downtown market appears to be doing very well this year. There was certainly a great selection New York fruits and vegetables to "heart."

Batavia PD is responding to Main and Oak to check on reports of a traffic light malfunction.

One caller states she's been stuck at a light for 12 minutes.

Another caller says traffic is "backing up pretty good."