batavia

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.

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.

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

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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 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.

A furnace is reportedly sparking and smoking at 2622 Galloway Road, Town of Batavia.

Town of Batavia and East Pembroke fire departments are being dispatched.

UPDATE 11:40 a.m.: The resident reports the fire is out, but there is still smoke in the house. Town of Batavia returning to service; East Pembroke still responding.

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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.

Care-A-Van Ministries of Batavia in Partnership with Dr. Russ Marchese and Dr. Marcela and staff along with local agencies hosted Caring for the City on Friday.

It all started as a vision last fall and became a reality today. The parking lot of the dental office was filled with local agencies, churches and the dentist office coming together to let the people of Batavia know that they care.

Working side by side with Care-A-Van and the Dental office were Lake Plains Community Network who were on hand to help the uninsured apply for health insurance, Cornell Cooperative Extension who offered parenting and nutrition classes, United Memorial Medical Center Cancer Services of Genesee and Orleans County who made the uninsured women aware of the free medical services available and Continental School of Beauty who’s teaching staff and students offered free haircuts.

Pastor Charlie Piscitello, his wife Judy of Batavia Christian Fellowship and Pastor Mark Perkins of Oakfield-Alabama Baptist were on the grounds for prayer support and to offer encouragement to all. 

Janet Stedman of United Memorial Medical Center’s Cardiac Rehab staff was busy on the bus doing medical screenings and blood pressure checks.

Care-A-Van Ministries is a street ministry that goes into the streets of Batavia to show the people we care and to take the good news of Jesus to them. We do weekly cookouts, street church on Sundays and grocery distribution every Saturday.  It was proven today that street ministry is not just for churches. Agencies, physician offices and organizations can and do make a huge difference in people’s lives.  

Today free dental services were given to over 50 people! The people coming out were offered tooth extractions, fillings and cleanings. With today’s economy and many people being without dental insurance, today was a huge blessing to many. Upon exiting the dental office, one woman was in tears of joy because she got her smile back! Another young man who had no dental insurance had 2 teeth pulled. As he was given a ride home, he was crying and saying it was the best birthday present ever! He had been in pain for months with his bad teeth. He felt so much relief after receiving his free services.

Continental School of Beauty gave over 30 free haircuts today.

One young man really touched everyone’s heart when he stated “I may look rough on the outside but I am not that way on the inside”.  Wow, think about that, how many of us might have judged someone for the way they look. 

Today was an awesome day for Caring in the City! Care-A-Van thanks everyone from the bottom of their hearts for partnering with them and the dental office to care for those in need. Jesus said the poor would always be with you. We invite all of you to come on board with Care-A-Van as we go out weekly. There are many opportunities for your churches and agencies go to forth and let the people know that they are cared for and not forgotten. We also invite all of you to next year’s Caring for the City Day!

God Bless and Keep the Light On!

Robin Walters

Public Relations Director

Care-A-Van Ministries

More photos to come- all patients agreed to photos for sharing

Dr. Russ and Son RJ attend to patient

Dr. Marcela checking patient out

Friday moning (8/28/09) at approximately 2:00 AM, fire alarms were activated in Beech and Cedar Halls (Buildings B and C) at College Village. Initial response was two Town of Batavia Fire Department chiefs and Engine 21, with one Genesee County Sherriff's Office patrol car and two New York State Police patrol vehicles arriving shortly afterward. During the investigation Beech Hall's alarm activated a second time. At approximately 2:25 AM residents were allowed back into their rooms. Information regarding cause, etc. is currently unavailable due to lack of an appropriate time to ask officials who were on-scene.

More photos as well as personal comments "after the jump..."

First view of E21 as I walked out to see what was happening:

E21 in front of Beech Hall:

From the road (walked around to stay out of the way):

GCSO response arrives (sorry for the blur - unsupported long lens at night didn't want to work too well) :

Residents awaiting all-clear:

CV Safety (I think, couldn't really be sure), Sherrif's Deputy and unidentifiable individual (possibly TBFD) talking next to E21:

My Comments:

Based on the number of people talking (and in general having no respect or care) at our fire safety meeting Monday night, I have a feeling that these unnecessary incidents are going to continue for a while. Furthermore, the total lack of respect from my fellow residents toward our firefighters is not only appalling, but absolutely unacceptable. When someone gets out of bed at 3:30 AM (two years ago this was a pretty common time for alarms to happen within an hour of) to possibly pull people out of a burning building if necessary (regardless of if it's for pay or not), a little respect is due to say the least. We've even had residents vehemently arguing (trust me, this is putting it nicely) with one of the fire chiefs and a safety officer wanting to go back into a building with the smell of smoke and a sounding alarm still present.

I'm honestly no longer sure there's anything that can be done to change these issues, but if you have ideas feel free to share, I'll pass along anything good to one of the RAs, the CV office or GCC.

I have a suspicion that tonight's alarms were a false pull due to it being two buildings at the same time and the larger-than-average police response.

Also, an obligatory disclaimer:
My comments are made purely on my behalf. I have never been a Resident Assistant at, or employee of, College Village or Genesee Community College. I am not speaking on their behalf, and have no intention of doing so unless I am asked to, in which case I would indicate such. Furthermore, I have no affiliation with any fire or law enforcement agencies in Genesee County. I am simply a concerned GCC student and CV resident. Intentionally misconstruing anything I publish/print/say in regards to the above disclaimer and the content it applies to will be interpreted as slander, and/or libel, and may or may not be met with legal action as necessary and to the fullest extent of the law. None of this is meant to harm the reputation of administrative, security, law enforcement or fire officials, nor that of the organizations they represent. It is, to the contrary, meant to support them.

If any official from involved agencies and organizations feels that I may have photos which would help their investigation into this incident, please contact me via bill [AT] buckleyw [DOT] net or my college e-mail address. I have retained all revisions of the images above (which had to be enhanced due to exposure issues) as well as various images either too blurry or not useful enough from a journalism perspective.

Edit: Code refresh and added photo captions.