City Manager Jason Molino submitted two letters detailing the hiring process that led to the appointment of Tom Dillon as interim fire chief last year, as well as how Dillon would be replaced, but the NYS Civil Service Commission still denied the city's request for a 211 waiver because of insufficient detail, according to documents obtained by The Batavian today.

"The Municipal Service Division recommends that the State Civil Service Commission disapprove this request for lack of details on the results of the interviewing process," writes state staff in its recommendation to the commission.

The recommendation contradicts the detail on recruitment efforts and interviewing contained in two letters, with attachments, provided by Molino to the commission. One letter was submitted Oct. 8, 2008 and another on Jan. 16, 2009, four days before the commission notified Molino the city had not responded to its request for more information.

"We sent them everything they asked for," Molino said in an interview this afternoon.

Dillon resigned as fire chief last month after the state ruled that he could not continue to receive his pension from his 29 years with the Rochester Fire Department and draw a full-time salary in Batavia.  The city sought what is known as a 211 waiver, which is designed to help local governments fill vacant positions, especially on an interim basis, with retirees.

Molino attributed the denial of the waiver more (as we covered in a previous post) to a change in the state's willingness to grant 211 waivers.

"The whole point of the 211 process, it was created for interim positions for temporary periods of time and what's happened over the years is people have taken interim positions and turned them into permanent ones," Molino said.

The commission was told, Molino noted, that Dillon's appointment was intended to be temporary because at the beginning of the process, there was still some thought that the charter review process might led to a unified chief executive for police and fire (it turns out that isn't permissible under state law).

The city wanted to keep Dillon on until either a unified position was created or a civil service test for the position could be administered in January 2010.

"The other part of it was we weren't going to fill it permanently until this charter review was completed, and if there was a change in direction, we would change with it, otherwise, we would move forward with the test in January," Molino said.

The documents also reveal that prior the appointment of Dillon, all four Batavia Fire captains were considered for the position, but none were eligible for promotion.

The Batavian made its initial FOIL request the documents related to the city's waiver request a month ago. The FOIL request was fulfilled today.  Here are the documents (large PDF file).

The girlfriend of Joseph Benaquist told authorities the night Benaquist was killed in the driveway of his Pembroke home that Benaquist and murder suspect Scott Doll had a "troubled transaction" involving two vehicles, according to court documents filed with the County Clerk's office late this afternoon.

The revelation is contained in an opinion issued by Judge Robert C. Noonan, answering several motions filed by Doll's attorneys.

Noonan denied a motion to supress evidence obtained with a search warrant issued on Feb. 20.

Benaquist's battered body was found between two blood splattered cars in the early morning hours of Feb. 17, Noonan says in his opinion. The cars were a Pontiac G6 with a flat tire and a Nissan Altima with an automobile jack at its side.

The Pontiac was tagged with license plates from a Chevrolet Malibu purchased by Doll and Benaquist, but registered to and used by Benaquist.

Benaquist, Noonan writes, was scheduled to meet with Doll hours prior to the discovery of his body, according to Benaquist's girlfriend.  Phone records reveal Doll had called Benaquist earlier that afternoon.

A hearing on further motions is scheduled for June 16 at 1:30 p.m.

Read the full decision (PDF)

I have volunteered to help find host families for the Batavia Muckdogs this coming season. Were looking for people who live within the city that would be interested in having a player or two stay with them this season.  The players would basically be renting a room from you with kitchen and bathroom privledges.  If your interested please contact me by email at russsalway@verizon.net  The players will be arriving the weekend of June 13th and 14th.  I personally have been a host family for five years now and its been a very rewarding experience.  Let's not forget we almost lost this team a year ago and we ended up keeping them and winning the NY-Penn league championship! The season starts Friday June 19th with fireworks after the game! Let's fill the stands this season and make it a record breaking year!!! Let's Go Muckdogs!   

A driver who's car slammed into a tree on Fargo Road says he was run off the road by another vehicle.

The call just came in.

Another driver picked up the driver involved in the accident and took him or her to a nearby residence. The driver reportedly suffered a minor injury, but an ambulance is not required.

Assemblyman Steve Hawley announced today that he supported legislation pushed by Attorney General Andrew Cuomo  that could make local government consolidation easier.

"New N.Y. Government Reorganization and Citizen Empowerment Act" is supposed to save taxpayer's money by streamlining the consolidation process.

The bill passed the assembly yesterday without opposition.

Hawley's full press release after the jump:

Assemblyman Steve Hawley (R, I, C - Batavia) today voted in favor of Assembly Bill 8501, the "New N.Y. Government Reorganization and Citizen Empowerment Act."  This legislation would help save taxpayer dollars by allowing local government to become more effective and efficient, while at the same time standardizing state law regarding the process of government consolidation.

"I firmly believe that less government is better government and I have long supported initiatives to consolidate government services, such as during this year's budget negotiation.  By consolidating services among the three levels of government, we can more effectively and efficiently serve our collective constituency," said Hawley.

The Assemblyman continued, "at first glance there were some fears about this legislation that I shared with local government agencies.  I wanted to make sure that this bill was not just another Albany-imposed mandate.  I have taken the time to carefully review the bill and to vet the language with my colleagues in local government as well as to read a number of letters and e-mails my office has received since this bill was introduced.  We need to take steps to cut government excess in order to truly protect the taxpayers and businesses of our state and I believe after considering this legislation that this bill will help meet that goal."

The bill puts into place a standardized method for government consolidation, shared services or dissolution of government entities, should that be proposed on a local level.  While the Assemblyman originally had some concerns about the bill, upon reviewing the bill language and vetting it through local and state officials, he came to the conclusion that the bill merely clarifies and standardizes the process by which local government entities may consolidate, share services or dissolve, should the voters of the district petition.

The largest among the Assemblyman's original concerns was that the bill outlines that 10 percent of the electorate must sign a petition calling for a referendum on the issue of consolidation, sharing services or dissolution. However, this 10 percent is greater than the current 5 percent standard in Town Law and greater than the percentage needed in most cases for a petition to consolidate adjoining villages under current Village Law.  Additionally, the bill provides a safeguard for small villages and government entities with populations of less than 500 residents.  In these cases, the bill calls for 20 percent of the population to sign the petition.

Additionally, the Assemblyman shared the concern of some local officials that this measure would put too much power into the hands of county-level officials.  However, current state law already gives counties this power. Another concern was that should a referendum be called for, taxpayers would be asked to foot the bill for holding a special election.  Yet, the bill directly states that should a referendum be called, it may be held at any time, including on general elections.

Finally, the Assemblyman was concerned that should a referendum be called for and passed, it would give local government entities short notice to lay out plans to consolidate, share services or dissolve.  The bill language details the standardized process, which would amount to a minimum of 390 days and, thereafter, it would take up to an additional two years for the plan to be fully implemented.

"At the end of the day, this bill puts the power of change into the hands of the people, which, in my opinion, is where it belongs.  This bill does not call for governments to consolidate or dissolve at a local level.  It merely gives a standardized process for localities should they consider this option," said Hawley.

To further ensure that certain government entities, such as fire districts, are protected, Hawley is drafting new legislation that would amend A.8501. The Assemblyman stated, "I want to make sure that our fire departments are fully protected and that the bill which was passed does not have any unintended negative consequences for our firefighters, especially in terms of volunteer firefighter recruitment.  I will continue working together with the fire districts and volunteer fire departments in the 139th Assembly District and my colleagues in the State Legislature toward this end."

WBTA has an update on Pavilion School Superintendent Ed Orman's $183,000 salary:

Orman's salary can be attributed to his longevity, 15 years on the job, and for many years he was both superintendent and business manager, said Pavilion School Board President Beck Lewis

Orman retires next month.

The new superintendent, Ken Ellison, will earn $125,000, which is comparable to administrators in other small districts.

Here are the most viewed posts on The Batavian in May, 2009.

• Tractor pushes car sideways down Main Street into the city
• Today's Poll: Should Batavia consider switching to a volunteer fire department?
• Police Beat: Eight arrests reported at Dave Matthews concert at Darien Lake
• Charges pending in accident involving tractor on Main Street
• Do you complain about free trade and shop at Wal-Mart, Target, etc.?
• Ambulance union files complaint against city for alleged Taylor Law violation
• Medina pastor who helped stop runaway tractor on Main Street tells his story
• Mercy Flight intends to buy city ambulances; city crews can apply for jobs
• Red's Taxi - Anyone remember?, by Bea McManis
• Student at Pembroke wonders if video should be disqualified from festival

We have three gift certificates today: For the first time, Valle Jewelers, Essence of Candles and Main St. Pizza Company.

From Valle Jewelers, 21 Jackson St., we have a $25 gift certificate for $12.50. Valle Jewelers has been part of the Batavia community for three generations and sells a variety of items that are hard to find else where in Genesee County.

Main St. Pizza Company: Here's something different from one of your favorite restaurants in Batavia: Four (4) $5 gift certificates to use together or separately, a $20 value for $10.

Essence of Candles: One of Batavia's most unique stores -- you owe yourself a visit. The candles are might right in the shop. We have a $25 gift certificate for $12.50.

A $1 PayPal service fee applies to all purchases.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Valle Jewelers

SOLD

Main St. Pizza Company

SOLD

Essence of Candles

Farm Bureau President Dean Norton tells the Watertown Daily Times that a bill that would raise farm worker wages isn't necessary and will do more harm than good, for farmers and workers.

"If passed, this bill would put our industry into a major tailspin and wreck the already struggling upstate and Long Island economy," said Dean Norton, President of New York Farm Bureau and a Batavia dairy farmer.

Mr. Norton spoke at a press conference in Albany on Monday afternoon.

"The tragic irony of the situation is that the sponsors are primarily from New York City or urban areas, and most of them have never been on a farm," Mr. Norton said. "If the bill's sponsors spent some time understanding the issue, talking to farmers and farm workers, they would know that the bill doesn't actually benefit the worker."

The bill is scheduled for an Assembly floor vote this week and could increase farm costs by $200 million per year.

Sen. Catharine M. Young is critical of the legislative leadership for letting the bill get this far, because if it goes to a floor vote, there may be hard-to-resist pressure on many members to support it.

Sen. Catharine M. Young, R-Olean, said, "The only way to stop it is for it never to come to the floor for a vote."

She is the ranking minority member on the Agriculture Committee. She called the Times and criticized Sen. Aubertine for not quashing the bill in committee by talking to Majority Leader Malcolm A. Smith. Mr. Aubertine, however, is not on the committee that will send the bill to the floor.

She said union special interests are driving the bill.

"If it is allowed to come to the floor, people are going to have to be held accountable," she said. "There's a chance it will pass and it will be devastating for the upstate economy."

The Farm Bureau argues that the bill, besides being burdensome, is unnecessary:

Among other provisions, the omnibus bill would also allow farm workers to unionize, mandate one day off per week for farm workers, call on farms to provide unemployment insurance, workers compensation and disability insurance for injuries off the job.

According to the Farm Bureau, farm workers already have stronger protections in the state than under federal law. Medium- and large-sized farms already provide unemployment insurance. All farms follow a state sanitary code for migrant and seasonal housing that is stricter than the federal code.

Farms provide free housing, transportation and utilities for their workers. New York is one of two states with a housing program for farm workers. Farm employees also have work agreements for the type of work, wages, work hours, pay period, benefits and vacation and other arrangements.

Assemblyman Steve Hawley opposes the bill and posted a column alerting the public to the pending legislation last week.

Pictured above are Hawley and members of the Farm Bureau. The picture was submitted this morning by Hawley's office.

UPDATE: Additional coverage from the D&C, which quotes a proponent of the bill:

"We deserve to have a day of rest, to be paid overtime and to join a union if we choose — just like anyone else," farm worker Salvador Solis said in a news release from the Justice for Farmworkers group, which is pushing the bill.

There were two arrests at the Coldplay concert last night at Darien Lake, according to a report released by the Sheriff's Office.

Matthew J. Norstrand, 24, of Le Roy, was arrested for allegedly possessing marijuana and smoking a pipe containing marijuana. Norstrand was ejected from the concert and told not to return. Later, Norstrand was reportedly spotted back inside the concert venue. He was arrested again and charged with trespass.

Daniel Norstrand, 53, of Le Roy, was charged with criminal trespass after allegedly jumping a fence and entering the backstage area.

Also from the Sheriff's Office:

Christopher Stewart, 40, of Avon, is charged with criminal contempt. He allegedly called and spoke with a person he has been ordered not to contact.

Photo details here.

A united Batavia will clearly lead to cost savings now and in the future consultant Charles Zettek, Jr. told a join meeting of the Batavia City Council and Batavia Town Board this evening.

The immediate savings, conservatively speaking is $943,000, with additional annual savings in future years, said Zettek, VP of Government Management Services.

"There will be no negative impact on the property tax burdens (for residents of both the town and the city)," Zettek said.

Tonight's meeting was designed to present the consolidation committee's report, titled "A Vision of One Batavia," to elected officials from both agencies.

While the meeting was open to the public, questions and discussion were restricted to elected officials and committee members.

The 15 page report will be released on the Web to the public tomorrow along with all the supporting documents, such as spreadsheets comparing city and town expenses and revenues.

A large portion of the "cost savings" actually comes in the form of additional revenue from the state to reward government agencies consolidating services.

That $790,000 per year is would be a perpetual grant annual grant to the new consolidated government. 

There would be additional savings from efficiencies gained by the consolidation, even though no current jobs would be eliminated.  Work force would be reduced over the first five years of the new government through attrition and retirement.

Insuring there is no negative impact on taxpayers is achieved by creating a three-tiered system of taxes and spending that would prevent the town, for example, from being burdened by city debt or the expense of fully funded police and fire operations.

In the new system, Tier 1 would cover the consolidated region, both city and town. Tier 2 would be the current city and Tier 3 would be the current town.

Tier 1 would pay for and receive services and government agencies that serve both parts of the new jurisdiction equally, such as public works and city/town administration.

Tier 2 would pay for and receive the services currently received by city residents, such as police and fire protection and garbage collection. Tier 2 taxpayers would also shoulder the burden of the city's existing debt until it was paid off.

Tier 3 would continue to receive fire protection from the volunteer fire departments and police protection from the Sheriff's Office.  Taxes would not be increased in Tier 3 to pay for Tier 2 services or debt.

As for whether the new jurisdiction would be a city or a town, that's yet to be decided, but Lynn Freeaman said the committee saw more advantages, both in cost savings and grants from the state, in forming a new city government rather than a town.

Audio:

• Frank Ferrando praises work of committee.
• Beverly Mancuso on pioneering effort
• Lynn Freeman on benefits of city form of government
• Post meeting interview with Charles Zettek
• Post meeting interview with Jason Molino

UPDATE: I forgot to include: There will be two public meetings where residents can weigh in and ask questions. One June 18 and one June 30, both at 7 p.m.  One will be at Town Hall, one at City Hall, though which one on which date has yet to be determined. Also if it looks like turn out will be sufficient, one will be at Batavia High School.  Since there are many details to flesh out, and options to be considered, public input is an important part of the process.

The Astros lost 19 to 15 on saturday in minor league baseball.It was a close game.Thanks to TF Browns for being a sponsor.Thanks to Paul Sputore for all he does for the minor leagues.

WBTA Reports: Pavilion Central School Superintendent Edward Orman earns $183,000 per year.

That makes him the 4th highest paid school administrator in WNY, even though Pavilion, with 900 students, is among the smallest districts in the region.

Teens from Byron-Bergen and Batavia are the recipients of the 2009 Genesee ARC Mary Anne Graney Memorial Scholarships.  The $1,000.00 scholarship awards were presented to Jessica Monroe, Nichole Longhini and Lindsey Penders. 

Jessica, a member of the Byron-Bergen Class of 2009, plans to become a Special Education teacher in an elementary school to continue her desire to work with children with special needs.

 Nichole, a senior at Batavia High, plans on pursuing a Bachelor’s Degree in Nursing, specializing in neonatal intensive care. Nichole feels premature babies are at an increased risk for complications and future disabling conditions and she wants to help these babies early in their lives to be healthier and happier.

Lindsay, who is also a member of the Batavia High School Class of 2009, plans to pursue a Master’s Degree in Special Education.  Her desire to pursue this career field was sparked by an internship at the New York State School for the Blind.

Three $1,000.00 scholarships are awarded to high school seniors each year interested in working in human services, special education or related fields.  The scholarship is in honor of Mary Anne Graney, a special education teacher, who died in 2004. According to Genesee ARC Scholarship Committee Chair, Shelley Falitico, “The scholarship is a living memorial, honoring Mrs. Graney’s commitment to ARC and enriching the lives of people with disabilities.”

Townline Rd (CR 26) between Rt 63 and Pekin Rd in the Towns of Batavia, Oakfield and Elba will be closed Tuesday, June 2nd to Thursday, June 4th from 9:00 AM to 3:00 PM each day for culvert replacements.

A beautiful female Beagle with no collar, tags, or ID, wandered up our driveway (Vernon Ave close to Main St.) on Saturday 5/30 around noon. She's around 2 yrs old, in good shape and obviously trained - so lost or abandoned, but not a stray. Is she yours?

We've taken her in and put a call into non-emergency city police dispatch to list her as found; also brought her by the county shelter, where they checked/scanned her for an ID chip, but there was none. None of the neighbors recognize her or have heard of a missing dog. We walk our own dog twice daily and "know" a lot of the local dogs, but not her...

Our best guess is that she's an "indoor dog" that somehow got out, and might not be licensed in the city, which is a big no-no, but still, her owner must be missing her badly so we'd like to get her back home. We're caring for her right now, but that makes two high-energy dogs and a five-month old baby in one house, so our sanity isn't going to last long!

If you know where this very nice Beagle belongs, please give us a call, Martin or Kath at 344-0957, or email me: martin.szinger at gmail.com. Thanks!

Tonight the City and Town of Batavia Consolidation Committee releases a report to the community summarizing its work so far.

We'll get to find out what the committee thinks of the idea, but given the title, "A Vision for One Batavia," we can deduce the outlook is rosy.

We'll probably be presented with spreadsheets and pie charts and improved work flows that tell us it all makes dollars and sense.  Somehow it's going to save taxpayers money and lead to a more responsive and efficient government.

But when you strip away the columns of numbers and rows categories, I wonder if anybody will have taken the time to ask one basic question: What unintended consequences might we face as a consolidated government?

Bringing the city and town together is a monumental move. It's going to have impacts beyond what any facts and figures can show us. How do we think through how things might change, and are those changes we want? (I'm not, btw, afraid of change nor necessarily consolidation -- just asking the question.)

What are the intangibles that can't be measured and how will they be different?  Will the new government be able to quickly mobilize along the lines of a single vision, and will that vision be good for local business and people who cherish small town values, or will there be an aim to just get bigger?

Which vision of Batavia will be stronger, the one of a locally owned downtown or a chain-driven Veteran's Memorial Drive?

What values do the two governments embody now and how are they different and how are they the same and how will they change?

Will some segments of either the city or town feel like its needs aren't being met?

How will land use change, government services, support of civic life?

There's no doubt that the committee is full of people with the best of intentions, but what about the unintentions? Will these be studied, too?

Nobody thought about the law of unintended consequences when the north side of Main Street was demolished to make way for a mall that people don't use much.  Let's not just consider consolidation as a matter of pure fiscal responsibility -- because it may turn out to be very responsible -- let's consider, too, its social and civic impacts.

The meeting is tonight at 7 p.m. at Batavia Town Hall, 3833 W. Main Street Road.

The study committee presenting the report: Lynn Freeman, Sally Kuzon, Steven Lockwood, Beverly Mancuso, Jason Molino, Steven Mountain and Jeffrey Scott.

Four volunteer fire departments from Genesee County helped battle a blaze that destroyed two barns in Akron yesterday about 2:20 p.m.

Responding where Alabama, East Pembroke, Darien and Corfu.

Both barns were completely destroyed, along with their contents, which included tools, equipment and a Dodge van, according to a Sheriff's Office report.

The fire was discovered by Olivia Swendsen as she was tending her goats. It's believe egg incubator lights ignited the blaze.

It's possible the barns and some of the content was not insured, according to the report.