batavia

Barb Falker of the Lazy Redneck Ranch in Oakfield suffered a fractured vertabrae to her spine when she was kicked by her own horse Thursday night.

She was flown by Mercy Flight to Strong Memorial Hospital in Rochester were she remains in stable condition. She is expected to be released Saturday.

Her daughter Nina Regan said the incident happened when Barb's niece's horse, Chief, got out of his inclosure. Barb rounded up the horse and put it in her pasture with her horse, Sheba.

When Barb went to retrieve Chief at about 7:30 p.m., Sheba tried to kick Chief. The commotion resulted in the lead getting twisted around Barb and she got a couple of hard kicks from Sheba.

"It was kind of a weird accident," Regan said.

Her family called Oakfield Fire/EMS who had to cut the lead of Barb before she could be taken for medical treatment.

"She was awake and talking when I saw her in the hospital," Regan said. "The doctor said she's going to be fine but she'll be pretty bruised up."

Previously: Out on Lazy Redneck Ranch.

Tracylee Cayea, 39, of Lakeville, reportedly entered the home of a person in Pavilion on Tuesday and then refused to leave after numerous requests that she depart.She is charged with criminal trespass in the second degree.

Michael P. Johnson, 23, of Batavia, reportedly failed to stop for a stop sign, which led to police pulling him over early this morning. On further investigate, officers concluded he may have been drinking, He is charged with DWI with a BAC of .08 or more.

Jovoun Webb, 23, of Brockport, was arrested early yesterday morning and charged with unlawful possession of marijuana and aggravated unlicensed operation of a motor vehicle in the second degree. Webb reportedly came to the attention of a Sheriff's deputy after allegedly failing to yield the right of way and unlawful tint on his windows. The deputy reports he smelled marijuana while talking with Webb. A search, the deputy reports, led to the discover of marijuana on Webb and in the center console of his vehicle. Webb allegedly has 8 suspensions on his license in four different states.

William A. Henderson, 34, of Rochester, was arrested for DWI yesterday in Corfu.  Henderson was identified after State Police received a tip from Wende Correctional Facility in Alden that an intoxicated individual had driven away from the facility.  A short time later, a state trooper spotted the suspected vehicle at Routes 33 and 77.  The trooper reported that Henderson failed several field sobriety tests. A small amount of marijuana was reportedly found in Henderson's vehicle. Henderson reportedly has two previous DWI convictions. Henderson was charged with DWI, operating a vehicle without a seat belt and possession of marijuana. He is being held on $10,000 bail.

We've just received a copy of a press release from the governor's office which says the City of Batavia will receive $700,000 to repave Route 98 between Main St. and Noonan Drive. The project is expected to be completed by the end of 2009.

From the press release:

Governor David A. Paterson today announced that the Rochester area is expected to receive at least $74 million in transportation and infrastructure funding through the federal American Recovery and Reinvestment Act (ARRA). This critical funding will go toward much-needed highway and road repair, bridge span work and other long-term improvements to the region’s infrastructure and will create an estimated 1,776 jobs. The Governor was joined by Senator Charles E. Schumer at a New York State Department of Transportation (DOT) Maintenance Facility in Canandaigua.

“I want to thank President Obama and New York’s Congressional Delegation for their work to secure these funds, which will provide Rochester-area projects with the financing they need to move forward,” Governor Paterson said. “These investments update aging infrastructure, making our roads, highways and bridges safer, while also creating jobs, bolstering economic development and ensuring a brighter future for our State.”

In addition to these funds, the DOT will also award $82 million in traditional highway and bridge contracts next year to the Rochester area. This region will also receive approximately $29 million in Consolidated Highway Improvement Program funding, which the recovery funds enabled us to restore to the State budget. In total, the Rochester area will receive more than $185 million in highway and bridge funding in State Fiscal Year 2009-10.

UPDATE: Shortly after originally posting this, I interviewed Charlie Mallow about the funding, then before I could post it, I ran out to cover the fire in Corfu. Here's a few minutes of Charlie talking about stimulus money, other grants and ongoing improvement projects.

We just received this message from City Council President Charlie Mallow:

I just received the word from the governor's office that Batavia will be included in the first round Transportation Stimulus announcement tomorrow morning in Canandaigua.  Although I have few specifics regarding the exact announcement as it pertains to our city, it is my understanding that there is at least one city project will be included. I will be attending to represent the city tomorrow, Thursday, April 9, 10 AM at  125 Parish Street, Canandaigua.

Governor Paterson will announce transportation Stimulus funds at a DOT maintenance facility in Canandaigua. Ground breaking for this work will start within 180 days.
 
My apology for the the lack of information as to what streets will be receiving the repairs, I will have more for you after the meeting.

UPDATE: Rose Mary Christian left the following remark in the comments:

I'm very happy that our city will be on Governor Patterson list to recieve some of the stimulus money from the state. I must say Jason Molino and Sally Kuzon worked very hard for Batavia to compete against other communities. The city taxpayers should be very pleased with this process because it was their money ( from the VLT) to put into this project. It was our manager and his assistant who presented this to our Albany officals. Great job Jason and Sally, Rose Mary

Milk and cats go together like dogs and bones. So it's no surprise that prison dairy farms, such as the one at Wyoming Correctional Facility in Attica, is a magnet for felines.

But Governor Paterson's cost-cutting decision to eliminate farm operations at correctional facilities has put prisoners' "pets" in peril.

A tipster at Attica let the cat out of the bag, so to speak. He said inmates were told to quit feeding the cats, some of which are "orphans" from Genesee County.

But starvation and neglect tactics would be unlawful, a misdemeanor for "failure to provide sustenance" under Agriculture and Markets regulations.

The correctional authorities claimed no knowlege of the situation when Sue Davila inquired about it last week. She's a state licensed animal cruelty investigator with the Wyoming County SPCA.

Up to 100 cats are believed to be living at the facility, which Davila got permission to visit last week. She and SPCA board member Janice Stenman, aided by guards and inmates managed to round up 14 cats and kittens. Live traps were put out Monday to catch more.

The animals confiscated Friday were tested for disease and given immunizations. They were treated as needed for fleas, worms, ear mites and given antiobiotics. One very pregnant female had a gaping abcess on her neck. One had a respiratory infection, one was brain damaged and a male was neutured and declawed.

"Part of the problem is local -- people show up at night and dump their cats at the prison," Stenman said. "It's not entirely the prison's fault that (the cats) are there."

The problem is not new.

Stenman said a guard told her that four years ago an order was given to get rid of the cats. They were corraled into a shed and a truck driver backed up to the shed and gassed the cats with exhaust fumes. They were purportedly then dumped into a mass grave and their killer got a bounty of $8 per cat. No one wants to talk about it publicly, Stenman said, because they fear reprisals.

The dairy farm cats are indoors only -- use to being fed and thus unsuited to suddenly fending for themselves. Perhaps some may become adoptable once they are quarantined and evaluated.

Speaking of which, the folks at the donation-dependant SBCA are feeling kind of desparate.

"This situation has put horrible pressure on us," Stenman said, adding that money for food and medication plus a barn to use as a temporary quarantine site are the most immediate needs.

Wyoming County SPCA is a no-kill facility which can accommodate 200 cats, not 300. It also accepts animals from facilities in several other counties.

Lollipop Farm in Monroe County is also a no-kill facility that works with SPCAs and volunteers to care for homeless pets.

In Genesee County, the government animal shelter in Batavia can handle caging for 25 to 35 cats at a time, but by law only those from Genesee County residents.

Local animal control officer Aggie Jaroszewski said 578 cats were adopted or found foster homes through the Genesee shelter last year.

Those were the lucky ones. Many cats are euthanized. If feral populations in particular are allowed to grow unfettered, the incidence of sickness and disease increases. Last year, a cat tested positive for rabies in the Village of Leroy, Jaroszewski said.

Feral or nearly feral cat populations are not uncommon in mobile home parks and apartments, places where property owners often ban pets, Jaroszewski said.

Lisa M. Derrett, 18, of Batavia, is charged with stalking in the 4th degree. Derrett was taken into custody following an investigation at Genesee Community College where she allegedly approached an individual she had been advised by law enforcement not to contact. She was released on her own recognize. An order of protection was issued.

Is the City of Batavia ready to pony up $288,000 in back pay to Batavia's police officers?

That could be the price tag on an expected arbitrator's ruling this summer.

Or the amount of back pay could be zero, or somewhere in between. Nobody really knows at this point.

In an e-mail request for comment, City Manager Jason Molino said, "Yes the arbitration decision will most likely come out this summer or fall.  There is no way of determining what the settlement may be.  This makes budgeting extremely difficult and no money has been budgeted for retroactive payments.  Any substantial retroactive payment would severely set back the City's attempt to minimize future costs."

Molino addressed the back pay issue earlier this year in his annual budget message, when he said that no money had been budgeted to cover retroactive pay.

Other city unions have given at least one year of zero-percent adjustments over the past four fiscal years (including 2009-2010), with other annual increases ranging from 1.5 percent to 2.85 percent.

If the the arbitrator finds in favor of the police union, the city could be on the hook for five years of back pay. It could be less, and it may not be as high as 3 percent.

But if the officers are awarded a 3-percent increase, it would be compounded for two years. That second-year rate would also apply to any additional annual pay increases for three years.

Frank Klimjack, president of the Batavia Police Benevolent Association, e-mailed us this explanation:

As per the Taylor law, an arbitrator can only impose an award for two years, therefore, that would only get the contract situation to an expiration date of March 31st, 2007.  Whatever award is imposed, a ?% for March 1st, 2005 and ?% for April 1st, 2006 would be granted to the PBA membership. Then you would have to readjust the amount of earnings beginning April 1st, 2005 through the present day 2009 based upon those percentages to determine back pay due the PBA membership. Then it's back to the negotiating table.

That's a big question mark in Klimjack's statement -- we don't know if it is 1 percent, 2 percent or 3 percent or more.  If the arbitrator imposes a rate as high as 4 percent, and five years of back pay, the total would be $317,800.  Two percent would be $258,000.

The BPA has been without a contract, and its members have not received a raise since 2005. Batavia police officers earn from $32,942 to $48,406 (most officers make $48,406), with detectives earning $53,164, sergeants $55,552 and lieutenants $63,775.  Two years of consecutive 3-percent raises for police officers earning $48,406 would bring their annual salaries to $51,354.

By comparison, the starting pay for a Genesee County Sheriff's Deputy is $47,798, and a typical deputy with three years on the force is earning about $52,832, according to Sheriff Gary Maha.

Unsure if the Batavia officers could really get a full five-years worth of back pay, I asked Klimjack to clarify and he replied: "Five years of back pay is correct.  Then beginning April 1st, 2007 through the present is negotiable."

I take that to mean that any additional annual increases from 2007 would be negotiable.  While, a total of five years of back pay for PBA members could still be award at whatever rate the arbitrator sets, per the Taylor law for the covered two years.

For a cash-strapped city, six-figures in back pay is a significant chunk of change. Asked where that money would come from, City Council President Charlie Mallow said, "I’m going to wait for the arbitration to be completed before I speculate on what steps the city will need to take to lesson the impact on our future tax burden. It is clear to me that it would be impossible to pass on a substantial tax increase to city residents at this point. I am confident Council as a whole will take whatever steps are necessary to ensure a stable tax rate."

You may remember that earlier this year the city decided to use $425,000 in Video Lottery Terminal to help land $4.5 million in Federal stimulus funds. Could that money have been better spent on police officer back pay?

"VLT aid was one-time revenues," Molino said. "Funding operational annual expenses with one time revenues would leave the City with significant shortfalls once the revenue stops."