Just a friendly reminder for all my fellow Batavian readers....driver's license fees and motor vehicle registration fees increase on Tuesday 9/1/09.  I believe it's like a 20% increase on each. Thanks Governor Dave, someone has to make the hard choices. Nice how it's a tax on people with cars. As if gasoline taxes, thruway tolls, surcharges on insurance weren't enough, now let's hose the constituents upstate some more. Wonderful how the governor isn't hammering the majority of NYC residents, who have no cars. I'm tired of it, and it's time for a change.

Both the Batavia City Council and the firefighters union, IAFF Local 1896, called votes tonight on settlement terms in the unfair labor practices complaints filed against the city by the union.

The City Council passed its resolution approving the settlement terms on a unanimous vote with no discussion.

The union vote wasn't quite as unanimous. With all of the EMS employees scheduled to lose their jobs at midnight eligible to vote, Union President Greg Ireland characterized the vote as "close." (He's not required to disclose actual vote count.)

After a short executive session, the council reentered chambers and heard three public speakers. Afterward, Councilman Frank Ferrando made the motion to approve the settlement resolution. Councilman Bob Bialkowski then made a motion to "call the question," a parliamentary term prompting a vote, effectively eliminating any discussion beforehand.

Bialkowski's motion passed unanimously (Councilman Tim Buckley had a personal matter tonight and did not attend the meeting).

Bialkowski said he called for the question because, "I was afraid that any discussion at this point would only infuriate people. There is no right or wrong on this. It is a business decision. We certainly do not want to offend any employees and, unfortunately, when you enter into a discussion it can lead to people becoming antagonized."

During a post-meeting press conference, City Council President Charlie Mallow said there was nothing new or surprising in the decision so the council decided, "why have a discussion?"

I'll have more from the meeting and the press conference later tonight.

A man is driving himself to the hospital after reportedly being bit in the face by a pit bull at 234 Ellicott St.  Police are responding to the scene to investigate.

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.

A driver involved in a three-vehicle accident Saturday night has been charged with a felony DWI and may face other charges, according to a Sheriff's Office accident report.

His name is Christopher Dycha, 40, 1321 Vanderbilt Ave., North Tonawanda. He was reportedly driving a 1997 Chevy SUV westbound on Sumner Road approaching Colby Road in Darien at 11:03 p.m. when the driver of another vehicle allegedly failed to yield the right of way from the stop sign on Colby Road.

Dycha's SUV struck the 2007 Ford SUV driven by Susan Mathewson, 56, of 835 Bennett Road, Angola. His SUV then careened into the eastbound lane striking head-on a 1994 Cadillac driven by Stephen Tortoretti, 56, of 23 Angelus Drive, Rochester.

Injured were Dycha, who suffered an injured arm, and Mathewson, who suffered a cut or cuts on her head, and Adreienne Wong, a passenger in Dycha's car, who reportedly had an internal chest injury. All three victims were taken by ground ambulance to UMMC.

Passengers in Mathewson's vehicle, Karen L. Ryerse, 43, and Brandon D. Mathewson, 26. Those passengers and Tortoretti were all reportedly uninjured.

Deputy James Diehl is lead investigator on the accident.

Not only has Republican Assembly member Greg Ball (who's running for Congress against Democrat John Hall in NY-19) been getting government-paid, single-payer health care for most of his adult life via the Air Force and now the State Assembly, he also fondly recalls how the Kennedy family paid for his health care when he was a child.  (NYDems Dispatch )

Isn't it amazing how children and health care can cross the lines of party politics?

The threat of rain didn't dampen enthusiasm yesterday for Batavia Down's annual Wiener Dog Race.

Todd Haight, spokesman for the Downs, pegged the estimated crowd at 3,000.

The winner was Jake Arnold, owned by Jean Smart.

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.

Troy Sanford Wescott, 25, of 717 Lemoyne Ave., Syracuse, is charged with petit larceny, harassment and criminal mischief. Wescott along with Harold G. Dings, 24, of 406 John St., Syracuse,  and Lyle R. Fish, 25, of 32 Gertrude St., Syracuse, allegedly entered Wal-Mart and put on clothing and other merchandise from the store. All three then allegedly cut a jacket from the store in an attempt to conceal more items inside of it. When confronted by store security, Wescott allegedly elbowed a woman employee of the store and started running. Dings and Fish then also ran from the store without allegedly paying for the items they had with them. A short time later, the trio was apprehended in the Batavia Downs parking lot by Deputy Tim Wescott and Sgt. Greg Walker. Dings and Fish are each charged with petit larceny and criminal mischief.

Jeanna M. Hattaway, 22, of 112 Jackson St., Apt. 2, Batavia, is charged with petit larceny. Hattaway is accused of shoplifting at Tops Market, 390 W. Main St..

Jimpce J. Etienne, 33, of 30 Buell St., Batavia, charged with assault and endangering the welfare of a child. Etienne allegedly choked a woman in front of her child.

Bruce Ross, 19, of 41 Longs Lane, Corfu, is charged with criminal mischief and reckless endangerment. Ross allegedly spun the tires of his vehicle, causing stones to fly that struck another person and hit a parked car.

Larry S. Yoho, 37, of 5155 E. Main St.Road, Batavia, is charged with criminal contempt. Yoho allegedly shoved a person during a dispute, and there was an order of protection in place regarding this person. Yoho was jailed on $2,500 bail.

Attempted murder and arson charges have been filed against a Rochester man accused of starting a fire at 12 Elm St., Batavia the night of Jan. 24..

Andre L. Scott, already in jail on an unrelated charge, will be arraigned tomorrow on charges of arson in the 2nd degree, burglary in the 1st and attempted murder in the 2nd.

Scott, 30, resides at 2323 Spencerport Road, Rochester.

The case was investigated by Det. Chuck Dudek of the Batavia Police Department.

Following the fire, the Batavia Fire Department reported the event in a press release:

The first alarm came in for 12 Elm Street with report of a possible explosion and flames showing. Within three minutes, city firefighters arrived on scene and quickly extinguished a fire that was found in the side stairwell of the three-story apartment house. Four residents were alerted by smoke detectors and were safely outside the structure when the firefighters arrived.

Previously:

• Jan. 25 fire under investigation as possible arson
• Back to back house fires keep Batavia fire crews busy throughout the night

This past Saturday, the Sons of God Motocycle Club of Leroy  held a Chicken Barbeque Dinner fundraiser.

At the end of day, they had 100 extra  dinners. They made a call to Paul and Bridget Ohlson of Care-A-Van Ministries here in Batavia. They wanted to donate the dinners.

Paul and Bridget fired up the bus to head out to Leroy to pick up the dinners. The bus headed back to Batavia, first stopping in Stafford to bless a family there.

A quick stop was done at Aldi's to pick up this PR director, so I could join in on the blessing ride.

It was an amazing evening as we drove around the city passing the dinners out to those in need.

We thank the Sons of God for their awesome donation for the hungry here in this community. The folks were so appreciative of the dinners they received. May God Bless this organization for seeing a need and helpiing fulfull that need.

Both teams had ten hits in the ten inning game, but Batavia (35-34) was able to beat Auburn (24-44) in the end.

The Doubledays scored one run right away in the 1st inning and one more in the 3rd but the Muckdogs took a 3-2 lead after the bottom of the 3rd.  Devin Goodwin and Ryan Jackson were issued back-to-back walks and came home when Matthew Adams hit a two-out double.  Adams himself came in to score when Kyle Conley followed with another two-base hit.

Auburn took the lead right back, though, scoring once in the 4th and once again in the 7th.  However, Batavia decided to make things interested by scoring tying the game up in the bottom of the 7th.  Alan Ahmady reached on a walk, was advanced to third on a Conley single and then came in to score the tying run on a single by Jon Edwards.

The game stayed notched at four a piece until the bottom of the 10th.  Niko Vasquez led off the inning with a single that allowed Ivan Castro to reach on a force out during the next at-bat.  Goodwin then came up with a game-winning triple to score Castro and end the game.

Dan Calhoun got the start on the mound, going five innings with three runs (two earned), five hits, one walk and three strikeouts.  Tyler Lavigne followed him in an inning’s work with one hit, one walk and two strikeouts.  Tyler Leach came next, throwing three innings with one run on three hits while striking out two.  Santo Maertz (3-1, 1.52) picked up the win, hurling the last two innings with just one hit, two walks and four strikeouts.

Offensively, Conley, Edwards and Vasquez all went 2-for-5, Conley and Edwards each with a RBI.

City firefighters are responding to a general fire alarm at 570 E. Main St., Batavia.

More from the OHMS Band here.

Pat Tehan sent us the links with this note:

I hope you don't mind this shameless self-promotion - I'm the piano player in The OHMS Band.  We played at Jackson Square on July 31 - the weather cooperated for once this summer and we had a good crowd because of it.  Melissa Eddings Mancuso videotaped it and made DVDs for the band - her husband, Bill Mancuso, played organ.  I posted 15 of the songs to youtube, I thought that some of your readers might enjoy it if they were there.  Some good crowd shots in the videos...  Guys in the band are Anthony DelPlato (drums, vocals), Charlie DelPlato (electric guitar, vocals), Chris Bartz (acoustic guitar, lead vocals), Joe Palmer (bass), Bill Mancuso (organ), Pat Tehan (piano)

We're always happy to promote local music.

A car fire has been reported on Route 20 east of Route 98 on the south side of the roadway.

The initial report had the car fire west of Route 98, but a first responder found the car and reported it was off the roadway in a field.

He reported it didn't appear that anybody was in the car, but did say, "If it gets up into the trees, we may have a little brush fire."

Alexander Fire Department is responding.

There's a been a request for law enforcement to respond.

UPDATE 4:23 p.m.: Alexander Fire back in service. Apparently, the driver/owner of the car is nowhere to be found.

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Batavia will receive $411,000 for improvements to Bank Street as one of many projects around the state approved for funding by Gov. David Paterson. 

Bank Street is one of several projects the city sought funding for through state-controlled federal stimulus dollars. 

The project includes a new waterline, sidewalks and roadway between Washington and North Streets.

Paterson announced yesterday that the state will hand out $34.7 million in grants that will "help expand affordable housing, revitalize New York's Main Streets, and modernize local infrastructure."

Batavia's funding comes from a federal program called Community Development Block Grants.

Paterson's office claims the spending will result in leveraging an additional $48 million in resources, but the press release does not fully explain that statement. It seems to mean some of the projects will require local matching funds or other contributions.

"These grants will make a difference in urban and rural communities across New York. Neighborhood by neighborhood, block by block, the Community Development Block Grant and New York Main Street programs will further local development so that our communities thrive," Governor Paterson said. "Improving and upgrading infrastructure, revitalizing traditional downtown business districts, and rehabilitating and renovating housing for working families will provide much-needed investment and make New York a better place to live, work and raise a family."

No word on the City's other grant requests.

(Thanks to a reader tip for bringing this to our attention.)

A man arrested for alleged assault during the Lil' Wayne concert Thursday is now also accused  possessing cocaine in jail.

David F. John, Jr., 23, of 1248 Lackawana St., Buffalo, was placed into Genesee County Jail on $1,000 bail following an alleged altercation at Darien Lake Theme Park.

During a routine search at the jail, he was found to allegedly possess cocaine.

He has been charged with promoting prison contraband in the first degree.

John was initially charged with harassment and assault.

Bail on the new charge is $5,000.

Hello, I'm Pachuco. My masters are Howard and Billie, who run The Batavian.

Every day I watch them work so hard on The Batavian that I wanted to do something to help out. I get a little bored sometimes laying in the office while my dad works, or sitting at home while my mom's tied up on the computer.

So I asked if there was something I could do, and mom and dad suggested that I become the "Pet of the Week Correspondent."

That's perfect, 'cause I know a good pet when I see one. A good pet is loyal and loving, a friend to lean on and just always there. They're also handsome, and everybody who meets me tells me how handsome I am!

But I won't discriminate on looks, if you're pet really loves you, I may pick your pet as Pet of the Week, too.

Here's what you do: E-mail me a picture of your pet -- dog, cat, ferret, horse, goldfish, parakeet or any creature you keep as a pet -- and each week I'll pick one Pet of the Week. Your pet should also tell me why he or she deserves to this distinction. Your pet doesn't need to write a lot, just something about the joy and fun he brings into your life, the special things he does.

E-mail your picture (JPEG) and story to "pets (at) thebatavian dot com." 

Each week, I'll pick one deserving pet. If I don't pick your pet this week, I will hold onto your submission for future consideration (yes, I'm a smart dog; I can use big words).

Here's the GREAT PART: If your pet is Pet of the Week, we'll send you a $10 gift certificate from Genesee Feeds, so please be sure to include your name and address with your submission.

And please support our sponsor, Genesee Feeds. That's where I get all my food (well, except for the table scraps I sometimes mooch) and I love my meals from Genesee Feeds!

Hello, I'm Garbo the fabulous! I'm going to be a big, friendly girl because I'm a Labrador retriever/Great Dane mix. I was picked up as a young stray, roaming around with nothing constructive to do. So now I'm in the decidedly austere Kennel 21 at the town pound. I deserve better! Firstly, I am good on a leash, something many of my ilk cannot say (truthfully). Secondly, I know and respond appropriately to some commands. (But more on that when you come visit.) Lastly, I'm a sweet goofball and oh-so-playful. But did I mention I'm a quick study, and let me also say ... "

Hey there, I'm insouciant Sissy. As you can see, I am a black-and-white cat in lounge mode. I enjoy doing, uh, not much, after having raised my first -- and last -- litter of kittens. I brought them to the shelter with me so we could each find a special home. I have to say, I did 'em proud. Them kittens was raised right! And now I'm spayed and ready to give people who love me, lots of love in return.

Adoption fee is $30. Unspayed/unneutered animals also require a $35 refundable deposit.

The Genesee County Animal Shelter is located at 3841 W. Main St. Road in the Town of Batavia. Visit Volunteers for Animals on the Web at <vol4animals.org>

Hours are:

Monday, Tuesday, Friday, Sunday from 1 to 3 p.m.

Wednesday 1 to 3 p.m. and 7 to 9 p.m.

Saturday 11 a.m. to 1 p.m.