The retired ambulances of the discontinued service of the Batavia Fire Department are up for auction today.

The ambulances and related items are being sold through the Teitsworth auction site.

A 2008 Ford F350 XLT w/McCoy Miller body and a 6.4-liter diesel engine is bringing in the highest bid so far -- $10,000. The next highest bid is $3,500 for a 2005 Ford F350. The auction closes in a little more than 5 hours.

Fire Chief Ralph Hyde will get his light-rescue vehicle, and it's the one he's requested during at least three City Council meetings now.

After a 20-minute discussion at last night's council meeting, the council sort of collectively shrugged and said, "go ahead."

At the end of the discussion, after saying Hyde has "our blessing," Council President Charlie Mallow motioned his hands like a priest, which drew a laugh.

Hyde has sought permission to convert one of the former ambulances -- the newest one, bought within the past year with a state grant -- into a vehicle that could carry additional rescue equipment that doesn't fit on either Ladder 15 or Engine 12.

Council members dithered, asking him to justify the need for the ambulance as a rescue vehicle. Then they asked him to research the option of selling the ambulance and purchasing a new truck, since the ambulance already has 50,000 miles on it.

Hyde's report Monday night put the cost at a new vehicle at between $65,000 and $189,000.

"It would take a $1,000 to convert it, so it’s far cheaper than going out and getting a new vehicle," Hyde said. "And It’s something that we’ve needed for many years."

Previously, Hyde's argument for the ambulance didn't include using some space inside the vehicle to give people displaced from their homes by fire a place to stay warm.

"In the past, we've had people have to wait outside for 30 minutes to an hour, and had to send firefighters in to retrieve shoes and jackets," Hyde said.

The table and benches inside could also serve as a convenient place to interview fire witnesses.

Councilman Bob Bialkowski complained that he thought the purpose of getting rid of the ambulance service was to save money and he expected all six of the city's ambulances to be sold. Mallow pointed out that previously, the council resolution only authorized the sale of the five older ambulances.

A vote was not required on the decision to convert the ambulance into a light-rescue vehicle since the city owns it and it's already assigned to the Fire Department.

Interim Fire Chief Ralph Hyde has a simple request: Let him use the newest of the retired city ambulances as an additional emergency response vehicle.

It would carry specialized rescue equipment that doesn't currently fit on the fire trucks and provide an air-conditioned space for overheated firefighters to rest when on scene of fires.

Hyde said with all the equipment stored in one mobile vehicle, instead of lockers in the fire station, the equipment could be deployed to emergency scenes when needed much more rapidly.

Councilman Bill Cox questioned, however, the wisdom of not selling the most valuable of the old ambulances at a time when the city still has $1.3 million in debt.

His suggestion set off a discussion last night that revealed that four of the council members present favored letting Hyde repurpose the ambulance, and four favoring selling it.

Councilman Bob Bialkowski suggested that the city look at selling the ambulance -- which has 50,000 miles on it -- and using that money to buy a new, potentially more suitable, all-wheel-drive vehicle for the fire department.

All members agreed the city should at least explore that idea.

I happened across this scene this afternoon -- four of the city ambulances sitting next to the fire hall on Evans -- out of service.

Terming it an "exit interview," Lori Ann Santini, an eleven-year veteran of the Batavia Fire Department's EMS service, told City Council members Monday night that the council had "no idea the distress the employees of the medic division went through" in the months following the decision to discontinue the service.

Santani told the council that EMS personnel felt they were not treated with the dignity and respect they deserved.

"We were never given the dignity of a human being notifying us of our impending job loss," Santini said. "We only found out through the Web. Then we spent months listening to angry words from you again through the Internet and radio. Not one of you took time out of your lives to address us. We definitely deserved that courtesy."

It was an emotional statement from Santini, punctuated by her stern attempt to hold back tears.

"As I stand here today, in front of you, there is no statement, no thank you that would be enough to compensate for how you dismissed us," Santini said. "If you want the City of Batavia to grow you, need to remember these few thoughts. You have to make it a place that people want to live and work. You have to show you that your employees are equally valued and respected."

The council's unanimous decision to accept a settlement negotiated by City Manager Jason Molino ends the fire union's unfair labor practices claims. It also and gives 36 union firefighters raises and bonuses while ensuring Santini and her EMS colleagues will no longer be part of the Batavia Fire Department. City Council President Charlie Mallow said there was no other way of handling the personnel situation.

"You’ve got to understand the laws of this state and how they revolve around union employees," Mallow said. "It’s laid down very precisely how we can do these things. It’s bit cold. That’s how the system works."

Molino echoed Mallow's remarks, saying the city followed civil-service law in how it handled relations with the EMS employees and had no other course of action.

During the press conference, Mallow praised his council colleagues and Molino for making tough decisions and sticking together.

"Change is a pretty difficult thing especially being a municipality, especially with unionized employees," Mallow said. "This city had to make a very, very tough decisions. The people on the council who made (those decisions) took one for the city, for the long-term health of the city. There is no point at which this was an enjoyable experience for the last two years.

"This was always hanging over our heads, especially during tough times when you’re letting people go. I mean, Ms. Santini, it’s pretty heart wrenching. Someone lost her job. I’m very happy that the circumstances were that they were able to retain their jobs with another company, but there is no way this wasn’t a very traumatic experience for everyone on council as well."

Many city managers, Mallow said, would have looked for an easier path, but Molino saw what needed to be done and made the right recommendation.

"Maybe it would have been easy for him to recommend another 20-percent or 30-percent tax increase," Mallow said. "To keep going with the status quo over and and over again and just wait for those post-retirement hits that keep coming, but he didn’t take the easy way."

As for the future, Mallow, who's council term ends in three months, said somebody on the City Council needs to step up, be a leader and deal with the expense, for a small city, of an all-professional fire department.

"I know there is support on the council for that (going to at least partial volunteer), Mallow said. "That's where the next council has to go. We have to be proactive. We have to lower costs, we have to right size this small little city. If the new council is not willing to step up, there will be another tax increase. But that’s me speaking. I‘ve seen the numbers. I’ve seen where we’re heading."

Both Mallow and Molino hesitated to call the settlement with the union a "win-win situation."  Both sides protected their interests and both sides gave up something.

"I think what happened here is you got both parties understanding that there is an increasing amount of risk in either direction and in order to resolve the issue, this is the conclusion that was come to," Molino said.

With Mallow adding, "You have a situation where the union leadership gave up 20 of their people. They also gave up a good percentage of their overtime. When you figure in adding back the four people, maybe half of their overtime. You have the city who gave, but the rank-and-file also gave. They gave dearly. So it’s hard to say that one side came out on top in this."

Press Conference Audio:

• Part 1
• Part 2
• Part 3

Dispatcher at midnight: "Good luck Batavia EMS. Welcome Mercy EMS."

Mercy EMS: "Genesee, Mercy EMS in service, and thank you for the welcome to the county."

Mercy Flight held an open house this evening at its headquarters at the county airport.  Above is a picture of its new ground ambulance fleet. Mercy EMS takes over as primary provider for ground ambulance service in Genesee County at midnight.

The City of Batavia has just released a memo detailing the settlement agreement between the City and the firefighters union.

It will be the subject of a meeting in about 5 minutes at City Hall.

The City Council will hold a closed-door executive session before the standard public comment opportunity. This is always provided prior to council business and public comments are not allowed afterward.

Under terms of the settlement, according to City Manager Jason Molino's memo, the city would:

• Be out of the ambulance business, "a long-term losing operation."
• Eliminate 24 medic positions, saving an estimated $1.8 million in wages and benefits annually. This includes those entitled to retiree health care until age 65, a $1.5 million to $2 million annual savings.
• Avoid litigation and risk, including subsequent applications for injunctive relief, PERB hearings, etc. The case, according to Molino, could drag on for two years at a cost of at least $200,000. If the city lost, a judgment of more than $2.5 million could be imposed.
• Decrease workers comp and liability expenses by $35,000 to $45,000.
• No longer manage 23 intermunicipale ambulance agreements.
• Receive revenue from disposal of ambulances of $50,000 to $100,000.

The proposed settlement will:

• Maintain staffing at 36 firefighters, with each platoon receiving one additional firefighter (the four firefighter/paramedics previously slated for dismissal), and a significant reduction in overtime (according to Molino). The additional revenue available in next year's general fund could be $175,000 to $275,000.
• Extend the existing contract two years, expiring in March 2013, with a salary increase in each of the additional years of 2.5 percent. This is an estimated cost of $50,000 per year.
• Provide severance for the 17 medics being laid off, including 50-percent of sick leave and 30 days additional health benefits. A one-time cost of $70,000.
• Give each retained firefighter a $1,000 bonus, a cost of $36,000.

The one-time costs of the last two items above, a total of $106,000, will be paid out of the ambulance fund.

"In closing," Molino writes, "it should be noted that regardless of the City's confidence with respect to defending the City's unilateral right to eliminate the ambulance service, there is a financial risk. Should this issue progress further to litigation, it must be understood that there is always an element of risk with regard to litigation. ... Should these decisions be adverse to the City, our responsibility for reinstatement and back wages and benefits could exceed $2.5 million, in addition to having no resolution to the current issue and no alternative but to continue to provide ambulance service or negotiate the service away.

"Both parties, the City and the union, have a vested interest to not take this issue to litigation as the financial risk is high."

An application by the firefighters union to prevent the city from disbanding its ambulance service at midnight has been rejected by New York's Public Employment Relations Board.

Both the city and the union received a copy of the decision (PDF) this morning.

David P. Quinn, director of litigation for PERB, ruled that should the city lose the unfair labor practices claim filed by IAFF Local 1896, there are ways that union members can be compensated even if the ambulance unit can't be immediately reinstated.

Union President Greg Ireland was unsurprised by the decision.

"We knew that these applications in New York are rarely very successful," Ireland said. "But if she (a hearing officer at PERB hearing on the matter in Buffalo earlier this month who recommended the union apply) thought it was was worth a try, we thought it was a good idea to give it a shot."

It could also be moot.

As The Batavian first reported last week, the city and union have reached a settlement in the Taylor Law violation dispute that will result in four firefighters keeping their jobs, raises and bonuses for the 36 member department.

The City Council is scheduled to meet on the proposed settlement at 6 p.m.

City Manager Jason Molino was not immediately available for comment.

Mercy Flight will begin preparations at 6 p.m. to take over ground ambulance service by midnight, Tim Yaeger told WBTA today (mp3).

That's when the Batavia Fire Department shuts down its ambulance service and Mercy EMS officially becomes the lead provider in Batavia and Genesee County.

The new service will be staffed with 15 of the former Batavia EMS members and have six emergency vehicles based in Batavia.

Mercy Flight officials have assured people that they will respond to calls in Batavia, even though the City of Batavia has yet to sign a contract with Mercy Flight.

The main point of the contract is that it guarantees response times. City residents will not be without ambulance service in the absence of a contract.

The city is apparently blocked from signing a contract with Mercy Flight because of provisions in the Taylor Law that prevent governments from replacing union workers with contract workers.

The firefighters union has accused the city of an unfair labor practice, an accusation it is apparently agreed to drop in return for some concessions by the city.

City Manager Jason Molino and Union President Greg Ireland have reportedly reached an agreement that will: extend the fire union contract two years; provide a 5-percent pay raise over the additional years; retain four firefighters cross trained as paramedics; give all 36 members of the department a $1,000 bonus; and promise not to eliminate any of the 36 positions during the term of the contract.

The City Council meets at 6 p.m. today to publicly discuss, and possibly vote on, the proposed settlement.

A city unit was unable to respond, for unknown reasons, to an ambulance call in Indian Falls.

The dispatcher reported this to a person on scene and he said, "What else is new?"

The call was routed to Darien's ambulance, which agreed to respond.

The person on scene then said, "Just think, we've only got two more days of this."

On Sept. 1, Mercy Flight takes over primary ground ambulance service in the county.

Greg Ireland, fire union president, and Batavia City Manager Jason Molino have cut a deal after a marathon negotiation session Tuesday that will save some Fire Department jobs and put more money in the pockets of firefighters.

In exchange for several concessions by the city, the firefighters' union has agreed to drop its unfair labor practices claim against the city.

The Batavian has confirmed with two sources that the city has agreed to retain four positions that were slated for termination Monday, and to extend the current union contract -- originally ending in 2011 -- by two years, provide a 5-percent pay raise over the next two years and pay each member of the department a $1,000 bonus.

Additionally, the Sept. 1 staffing of 36 paid personnel will be retained throughout the term of the contract and not be reduced by either layoff or attrition.

Neither Molino nor Ireland would comment on specifics of the agreement (Molino spoke with WBTA this afternoon and would not confirm the settlement).

The City Council is meeting in closed session at this hour to hear for the first time details of the proposed settlement.  When reached this afternoon, City Council President Charlie Mallow said he had no insights into the agreement.

Both the union and the council would need to approve the settlement.

The need for a settlement arises from the city's decision to eliminate the city ambulance service. The union maintained that the decision to eliminate the union jobs and inevitably replace them with contract workers violated the Taylor Law.  The union filed its claim immediately after a county task force announced Mercy Flight as the preferred contractor for ground ambulance service in the county starting Sept. 1.

"The best solution for everyone involved, every one involved, including the city, the fire department and the community is to have a settlement in place before Sept. 1," said Ireland in a phone interview this evening.

Some people think Mercy Flight won't respond to calls in the city unless the city signs a contract with Mercy Flight, but Mercy Flight will be based in the city and Mercy Flight executives have said the ground ambulance service will respond to any calls sent to it by Genesee County dispatchers. But with a settlement, the city can sign a contract with Mercy Flight that will guarantee response times.

Ireland said the main reason to reach a settlement before Sept. 1 is just to ensure everybody can work together well.

"As we move forward, if there is a different ambulance service, then we need to continue to work with them as well because we're going to be on scenes together," Ireland said. "We need to be able to work amicably with everyone."

Many of the Mercy Flight employees will be former members of the city ambulance service. Fifteen city employees were hired by the Buffalo-based non-profit organization.

Under terms of the settlement, the EMS members who had their jobs eliminated will retain their unused vacation and comp time, holiday pay and earned longevity. Those stipulations appear to be items the laid-off workers would have received anyway. They will also get half of their sick time and one-month additional health care coverage.

AUDIO: Interview with Greg Ireland

UPDATE 7:50 p.m.: Council members came out of their closed session smiling and laughing but wouldn't comment on the settlement proposal. When asked what he thought of the settlement or if council would support it, a jovial Frank Ferrando said both times, "We'll have more for you on Monday."

Mallow said the council will meet in public session Monday, but stopped short of saying there would be a vote that night.

Molino only said "no comment."

Mercy Flight today received official word from the New York Department of Health that it can operate a ground ambulance service.

The Ambulance Service Certificate, No. 12071, was issued some time today.

County Manager Jay Gsell also said that he's been told by Mercy Flight that 15 of the 16 City of Batavia ambulance personnel who applied for jobs with the new service were hired.

Mercy Flight is scheduled to take over ground ambulance service in Genesee County on Sept. 1.

We've heard from one city ambulance employee and have confirmed with Batavia City Manager Jason Molino that 17 medics and 4 firefighters have been notified of their termination from the city's fire department.

We have no further details at this time.

The city is shutting down its ambulance service as of Aug. 31 and Mercy Flight is starting a new ground ambulance service in Genesee County at 12:00 a.m., Sept. 1.

Town and village residents in Le Roy are being asked to consider a new tax for 2010 to help support its local ambulance service, which has been running at a deficient in recent years.

The tax would help offset an anticipated $25,000 shortfall in 2010.

"In order for us to continue to operate in the community, we need tax support," said Bob Boyce, president of the Le Roy Ambulance Service board of directors. "We're only asking for a minimal amount, but if the town residents object and don't allow the tax, the alternative is for us to close the doors."

Boyce said the service is being squeezed by increasing costs and declining revenue from reimbursements from Medicaid and Medicare.

While donations might help, Boyce said even in the best years, the 38-year-old ambulance service raised only $20,000 in contributions.

There will be a public hearing within weeks on the proposal.

Under current state law, it is up to the town to create a tax district and then the village board can enact a local law to extend its authority into the village.

If only the town enacts the new tax, it would mean an addition 12.5 cents per $1,000 of assessed value, or about an average of $14.43 per property. If both the town and village adopt the tax, the rate would be 6.5 cents per thousand, or $7.50 annually on each tax bill.

As the new ground ambulance service being set up by Mercy Flight, Boyce expressed concern that with all the ambulances being based in Batavia, the service won't be able to match the under-five-minute response times of the current Le Roy service. He said it takes 10 to 20 minutes for an ambulance from Batavia to respond to a Le Roy call.

At one time, the Le Roy service was staffed entirely by volunteers, but over the years, the organization has relied more and more on paid professionals, either in terms of its own full-time staff (two people) or a rotation of professionals who live in the area, work on a per-diem basis while maintaining full-time jobs with commercial ambulance services.  There are still 4 or 5 volunteers with the service, Boyce said.

The service generates nearly $400,000 annually insurance billing to help support its operations.

The proposal was presented to the town board on June 25. (We'll get back to you on the date of the public hearing).

PDF: Map, Plan and Report for the Establishment of an Ambulance District

Audio: Portion of an interview with Bob Boyce

Employees of Mercy Flight's ground ambulance service in Genesee County can expect to be held to high standards, CEO Douglas H. Baker told a gathering of local leaders last night in a meeting the Fire Training Center.

"I'll probably be in Genesee County more than you want to see me," Baker said. "I'll be here nearly every day. I'm going to make sure that this is either done my way, or it's not going to be done at all. We're not going to be embarrassed."

Baker made it clear that Mercy Flight employees will be expected to be professional, compassionate, courteous and enthusiastic. He said while the job is hard at times and enthusiasm can wane, he expects employees to reflect his enthusiasm for the profession.

"When our crews respond, they will be kind and responsive," Baker said. "If they're not, I don't care how good of an EMT they are, they're not going to work for us."

Baker said he expects the level of service in the county to be the same or better under Mercy Flight.

The organization has ordered four new ambulances that are in production now.

While it remains Mercy Flight's goal to retain as many city ambulance service personnel as possible, all potential employees will need to pass a background check and make it through an interview process.

"We're not going to hire somebody just because they're working now," Baker said.

But he also assured leaders that the new service will seem very familiar to them because they will see a lot of familiar faces and many of the same policies and practices that current personnel are using will remain in place.

"In general we will keep doing what you've been doing for all these years, unless you want us to change," Baker said. "We intend not to change, not even the people."

Indicating that Mercy Flight's goal is to be responsive to community concerns, Baker said that if officials aren't happy with anything that Mercy Flight is doing, it's their responsibility to make sure Mercy Flight managers or executives know about the problems so they can be addressed.

Ambulances will be based at UMMC North Street, UMMC Bank Street and at the airport, with another kept on standby. If it proves that that configuration isn't working for the community, and the statistics back up any issues identified, Mercy Flight will move ambulances to new bases as needed. And if necessary, Mercy Flight will add a fourth, or even a fifth crew, if it turns out more resources are needed to meet guaranteed response times.

"I don't want to be making decisions about where the ambulances should be," Baker said. "I want the community to decide where the ambulances should be."

Each municipality is being asked to sign a contract with Mercy Flight, but if officials from a particular town or city don't sign, Mercy Flight will still respond to emergencies in those communities. The only difference is the local leaders will not be able to hold Mercy Flight to guaranteed response times.

"I'm thrilled for an opportunity for a contract," said Town of Batavia Supervisor Greg Post after the meeting.  "I think they carry the greatest degree of professionalism. And I'm pleased there's another step in getting government out of the ambulance business."

Batavia City Councilman Sam Baron also said he feels good about Mercy Flight coming into Batavia. He said city residents can feel confident that the level of ambulance service under Mercy Flight will be just the same as what they've had in the past.

AUDIO: After the meeting, I recorded a separate interview with Mr. Baker.

Mercy Flight announced job openings tonight, thanks to its new ground ambulance service, which is scheduled to start serving Genesee County Sept. 1.

We received the following announcement from Wade Schwab with Mercy Flight at 9 p.m.:

Mercy EMS, a ground ambulance service operated by Mercyflight of Western N.Y.  is seeking qualified individuals to fill numerous job opportunities.

The company will be providing ambulance service to all of Genesee County as of September 1st.

The positions will be EMT's, paramedics, paramedic shift supervisors and dispatchers.

There will be open job fairs at the Mercyflight Batavia base at 4781 E. Saile  Dr. Batavia on Wednesday 07/15 and Thursday 07/16 from 6pm until 8pm and on Saturday 07/18 from 9am until 11am.

Anyone interested in these local job opportunities is welcome to attend one  of the sessions.

We'll need to wait until Monday to talk with officials with Mercy Flight to see how the open hiring and job fairs squares with statements previously indicating the organization was looking to hire many, if not all, of Batavia's ambulance personnel.

Apparently, a quality organization like Mercy Flight taking over the ambulance service in the county and expressing a desire to hire all of the city ambulance employees isn't enough for union president Greg Ireland. He wants his pound of flesh, too.

The union has filed a "improper practices claim" against the city for an alleged Taylor Law violation in deciding to discontinue the city-backed ambulance service.

The claim is, the city has taken steps to "subcontract" the ambulance jobs by discontinuing the city service.

"Our stance hasn't changed," Ireland said Friday. "The city can't do what they're doing because of the Taylor Law. The city took the steps to change (ambulance service) without negotiating" with the union, he said.

Ireland said a change in ambulance service can't be made legally.

"And it's not going to be if we can help it," he said. "This could have been avoided but the city never approached us. It's too bad it's come to this."

Charlie Mallow said he doesn't believe there is a Taylor Law violation.

But are we to understand from Mallow that the city doesn't intend to sign a contract with Mercy Flight:

"It's something we've discontinued. We are not signing an agreement with whomever the county has selected," he said. "Unions file grievances. This makes it difficult to do what is fiscally prudent." (emphasis added)

So who will provide city ambulance service? Is the union tactic forcing the city into a position where it can't contract with Mercy Flight?

It looks like the fight isn't over. It's just move from one ring to another.

Mercy Flight, which won the nod of the Genesee County Ambulance Task Force, intends to buy the existing city ambulances, according to Vice President and CFO Margie Ferrentino.

City ambulance staff will also be given an opportunity to work for the new service. They will have to go through a pre-employment screening process, but Ferrentino indicated it's Mercy Flight's preference to retain existing staff when possible.

Ferrentino also said this morning that even though the not-for-profit Mercy Flight has not operated street ambulance services before, the leadership and staff of Mercy Flight has hundreds of years of cumulative experience in the ambulance business.

The organization is planning to base two ambulances on North Street and one at the airport.

Here is a four-minute audio interview with Ferrentino.

Ferrentino also supplied two documents outlining the experience of CEO Douglas H. Baker and the rest of the senior staff.

UPDATE: Here's a three-minute audio interview with CEO Doug Baker. Baker says how excited Mercy Flight is to get the opportunity to serve Genesee County with ground ambulance service and notes that there will be local residents on the board of directors. Current Batavia ambulance personnel are their first choice to join the new service. "We hope that all of them will come on board," Baker said.

UPDATE II: Tim Yaeger, coordinator for Emergency Management Services, and head of the task force discusses the Mercy Flight selection in this audio interview. He said he's happy the long process has come to an end. He said Mercy Flight came out on top because the organization clearly understands Genesee County, with its unique needs due to having an urban area and very rural areas.