batavia

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."

BATAVIA, NY -- About 200 people attended a formal Senate hearing this afternoon at Genesee Community College focused on a dairy industry in crisis and possible solutions.

New York Sen. Kirsten Gillibrand heard testimony from producers and processors, economists and dairy industry experts. At the end of the two-hour hearing, which started about a half hour late, she said she was taking some good ideas back to Washington to use in developing long-term fixes.

The dairy industry is hard hit by: a pricing structure that's based on only 2 percent of the industry's products: higher fuel and feed costs; trade inequities; the expense of meeting increased regulations and standards not required by international competitors; and by a swiftly fluctuating market -- stemming from changing demands, the impact of product perishibility and supply -- plus many other factors.

It's a tough business and it requires a certain youthfulness to do the heavy physical labor, 365-days-a-year, with a liklihood of losing money at the end of the year instead of making a profit.

One of the surest ways of increasing the health of the dairy industry, is to increase consumer demand for its products. Several spoke in favor of the federal government doing more to help out, such as buying more milk for school breakfast programs, stocking up food banks with cheese or buying powdered milk for women and infant nutrition programs. In other words, use more Department of Agriculture money going toward food purchases anyway to beef up dairy consumption.

To compete with a ever-increasing variety of thirst-quenching beverages, the dairy industry needs to develop new products and boost the flavor, "mouth feel," and nutrition of milk without adding fat or calories.

They also called for leveling the field when it comes to trade. Why does an American dairy farmer have to pay a 15-cent per-hundred-weight fee for marketing and promotion, when the foreign importer does not yet still enjoys the benefits?

One good way to boost oversees consumption is to sell more solid milk product, which is in great demand worldwide. But more production plants are needed. Yet a capital expansion program for Batavia has been on hold since 2005 pending USDA approvals.

Rep. Eric Massa said he'll enlist his colleagues to pressure the USDA to speed things up if Kim Pickard-Dudley drafts him a letter on why the capital expansion program is critical for Western New York. She spoke as a representative of the farmer-owned Upstate Niagara Co-op.

Robert Church advocated "market-driven solutions" and federalizing uniform industry standards, so states like California, do not have unfair advantage over Western New York's dairy industry. He's herd manager for Patterson Farms, a 980-cow operation west of Auburn.

"You said one-size-fits-all," Massa told Church. "My job is to protect New York. That's what I'm here to do."

The problems faced by New Mexico, California or Arizona dairies, compared to here, are vastly different because their circumstances are different, Massa said, about as different in fact as Mars is from Pluto.

"California cows are happy cows," so goes the marketing slogan, but Massa said here it's more like "New York cows are really angry cows."

Marcos Juan Gomez had a chance to turn his life around fairly quickly, but as he admitted to Judge Robert Noonan this morning, "I blew that up."

Gomez pled guilty in early May to robbery and Judge Noonan agreed to consider a lesser prison term if Gomez successfully completed a drug rehab program at a clinic in Rochester.

Outside the courthouse, Attorney Fred Rarik could only shake his head at the chance Gomez traded away for a maximum seven-year prison term imposed by Noonan this morning.

"I've seen Judge Noonan tell people 'I really didn't expect you to follow my orders' and reward them," said Attorney Fred Rarik outside the courtroom.

Gomez was back in court for sentencing on his robbery conviction because he reportedly left the rehab clinic before completing treatment and stealing something in order to get some money to buy heroin.

Rarik argued that Gomez deserved a chance to kick his addition.

"I've seen people struggle with addiction and fail many times before success," Rarik told Noonan. "I ask that you limit his incarceration to sufficient time for him to get treatment. I ask for three years."

But Gomez didn't just steal some DVDs to buy drugs from Target back in April, Noonan said. Gomez committed a violent felony, pulling out a large knife on a loss prevention officer.

"I see drug addicts day after day," Noonan said. "I spend a lot of time trying to figure out how to protect the community and at the same time help people deal with their addictions ... you committed a violent act because of your addition, so it is my responsibility, and I feel very comfortable with that responsibility, to separate you from society as long as possible."

Gomez expressed remorse for his crimes and his addiction.

"I've never been the type of person who would hurt somebody and I guess the drugs really got to me," Gomez said.

George Michael Thompson, 32, of 310 Wilson Drive, Milton, Ontario, Canada, is charged with criminal mischief and endangering the welfare of a child. Thompson allegedly got in a argument with a woman at Darien Lake Theme Park and proceeded to cause at least $250 damage to a camping trailer owned by the facility.  A 12-year-old child was present during the incident.

A 17-year-old from Albion is charged with petit larceny for allegedly stealing $53 worth of merchandise from K-Mart.

Wendy M. Cilnyk, 25, of 9 Liberty Ave., Lancaster, is charged with DWI, refusal to take breath test and moving from lane unsafely. Cilnyk was stopped by officer Chris Camp on Pearl Street after police received several calls about an erratic driver.

Jane Amanda Richardson, 24, of 788 Route 33, Corfu, is charged with falsifying business records and petit larceny. Richardson allegedly falsified business records at the Elba Yellow Goose store. The case was investigated by Deputy Brian Thompson.

My daughter turns 17 this Saturday. She will be going to take her driving test.

Last night, I received this video on my facebook. This video is so graphic of what happens when texting while driving. I am sure many of us have been guilty of texting or talking while driving. I believe this is a wake up call to all. This is a must see for all teenagers!

Burnt food on the stove has set off a fire alarm of Hickory Hall of the College Village near GCC.

Town of Batavia fire units are responding.

Scott and Lynn Garlock and Rachel Bradt opened their new deli, Kravings, in the Valu Plaza on West Main Street in Batavia this week.  The Garlock's previously owned and operated Grugnale's Italian Market & Deli on Jackson Street.

Some wiseacre sent along this picture captured from the Marchese Computer shop web cam with the remark, "no body's laid down yet."

Michael C. Buzzell, 31, 26 Main St., Oakfield, is started with stalking and menacing following an incident outside the County Courthouse yesterday afternoon. Buzzell allegedly threatened another person in the parking lot of the court facility around 12:15 p.m. He and the other person were apparently appearing in court yesterday on the same matter. The alleged victim reports being threatened repeatedly by Buzzell. Buzzell was taken into custody at 4:42 p.m.

Lynn Desiree Bettilyon, 21, of 749 Washington St., Spencerport, is charged with attempt to evade or defeat tax and possession of untaxed cigarettes. Bettilyon was stopped for allegedly speeding in the Town of Alabama. She was allegedly traveling at 51 mph in a 40 mph zone. Deputy Tim Wescott investigated and allegedly found her in possession of 400 untaxed cigarettes. Bettilyon was also issued citations for unlicensed driving and driving left of pavement marking.

We received an e-mail reporting a working fire on Batavia-Elba Townline Road between State Street and Norton Road at 4:14 a.m.

Later, we received this picture from a volunteer at the scene.  I'll post more information about the fire as soon as I get it.

UPDATE 8:58 a.m.: The wife of a firefighter e-mailed this to us:

An Abandoned house was on fire in Elba this morning around 3:30am on  Batavia-Elba townline rd! They put it out around 5am! My husband just came  home from it and said they were waiting for someone to come knock it down to  the ground! Elba Oakfield S.Byron and town of batavia fire dept were called  and Barre was on stand by in Elbas hall.

UPDATE 9:12 a.m.: From a report filed by the Sheriff's Office:

The fire was reported at 3:17 a.m. at 4681 Batavia-Elba Townline Road, Elba. The house was vacant and owned by Ron Green, of 4975 Batavia-Elba Townline Road, Elba. The fire originated on the first floor or basement on the northeast corner.  The house was a total loss and uninsured. The cause is unknown.  Fire departments responding: Elba, Town of Batavia, Oakfield, South Byron, Byron, Albabam and Albion.

UPDATE 9:32 a.m.: Just spoke with Tim Yaeger, emergency management coordinator for Genesee County. He said the cause remains under investigation, but that the house still had electricity and water running to it, so investigators will probably be looking most closely at the possibility that it was an electrical fire.  There is nothing suspicious about the fire at this time, he said. The house is still smoldering, but it was burnt completely to the ground.  He said it's believed the house had been in an abandoned state for two months.

NOTE: We received this video this morning, but for some reason, it took YouTube a long time to process it. It's from a cellphone camera, presumably from a volunteer firefighter.

Judging from the pictures Ken Mislter posted to the Facebook page for Next Level Fitness, he and his workers are making good progress toward getting his downtown gym opened.  Mistler posted 15 new pictures showing the finishing touches being put into place.  No word on when he expects to open.

St. Nick's Social Club has paid back more than $10,000 of the $36,000 it borrowed through a city program in 2006, reports Joanne Beck.

“We don’t plan on stiffing anybody,” Club President Michael Rimmer told Beck, saying the club promised to pay the entire balance.

No payment has been made since May 2008.

The loans have already gone to a collections agency, Professional Account Solutions of Spencerport.

City Attorney George Van Nest said he didn't know what arrangements or collateral the club offered when it took out the loans because he wasn't city attorney at the time.

I've always dreamed of owning a powder blue Chevy Bel Air. Earlier this evening, I spotted one of the cars of my dreams at the Tuesday Night Classic Car Cruise downtown. I also saw the Mustang of my dreams, and the Impala of my dreams and the Camaro of my dreams. Unfortunately, no Cadillac El Dorado of my dreams, though.

Next Tuesday night is the last night to catch these classic beauties, if you haven't been yet this summer.

Declining participation by younger members led to the demise of St. Nick's Social Club, Frank Ferrando told WBTA.

"I think a lot of clubs today find it extremely difficult," Ferrando said. "Over time, losing a lot of our old-time members, the younger members didn't participate in the club as much as needed and you really need that membership participation in order to survive."

Ferrando, a city councilman, is a long-time board member of St. Nick's.

The 400-member club that has occupied its current location on South Swan Street since 1948, hosted the Lion's Club meeting last night as its final official function.

Ferrando also said local charities will lose out on a long-standing source of donations and assistance. (MP3)

Town of Batavia Fire Department is being dispatched to a possible structure fire at 3740 Batavia-Oakfield Townline Road.

There is reportedly a smell of electric wire burning in the house.

UPDATE 11:26 a.m.: First responder reports, no flames or smoke showing.

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I go to Dewitt park every morning to walk  I have been walking there twice a day all summer as part of my routine (before and after my knee surgery the end of June) .   I think it's a beautiful park.  Here are a few pics from a recent walk. 

My grandson Christopher came for a walk with me friday morning.

Veiw from the path.

another veiw from the path.

Christopher took this sunny veiw from the dock.

Mirror image.

Stacy R. Bechtold, 31, of 1429 East Drive, Alden, is charged with DWI and criminal impersonation, along with several other charges after being stopped by Sheriff's deputies at 10:29 p.m. Saturday. Bechtold was reportedly seen driving erratically from Alabama to Maltby Road in Oakfield. When stopped, Bechtold allegedly provided deputies with a fake identity and false birth date. It turns out, she reportedly was driving on a suspended license and an outstanding arrest warrant from Monroe County.  Additional charges: Driving with a BAC of .08 or greater, reckless driving, aggravated unlicensed operation, consumption of alcohol in a motor vehicle, failure to notify DMV of an address change, uninsured vehicle and failure to keep right. Deputies Chris Parker and Brad Mazur investigated the incident. Bechtold was released to the Monroe County Sheriff's Department on the outstanding warrant.

Christopher A. Saddler, 25, of 3 Lydun Drive, Albion, is charged with criminal mischief. Saddler allegedly punched a candy machine inside Tenney Laundry.

Gregory Seppe, 51, of 19 Manhatten Ave., Batavia, is charged with trespass. Seppe allegedly entered the Salvation Army after previously being told he was not allowed on the premises. He was jailed on $500 bail.

Vincent J. T. Dell, 21, of 17 Thorpe St., Batavia, and Nateeka M. Gibson, 20, of 13 Thorpe St., Batavia, are both charged with disorderly conduct for allegedly fighting at 3:07 Saturday morning. Jerell J.T. Jones, 20, of 17 Thorpe St., Batavia, was charged with littering during the same incident. Officers Dan Coffey and Frank Klimjack handled the call.

Vincent Michael Esten, 27, of 10998 Transit Road, Pavilion, is charged with filing a false report with the Sheriff's Office. Esten allegedly reported that another individual had opened a cable television account using his name. After further investigation, the report allegedly turned out to be false. Deputy Joseph Graff investigated the report.

Jody L. Beaumont, 39, of 8557 East Main Road, Le Roy, is charged with DWI and leaving the scene of a property damage accident.  Beaumont reportedly hit some trees on York Road and then allegedly left the scene. He was later located at his residence. He is also charged with a BAC of .08 or greater and moving from a lane unsafely. The accident reportedly occurred at 5:40 a.m., Sunday. Deputies John Weis and Frank Bordanaro investigated the incident.

Patrick S. Waldron, 21, of 1590 Edgewood Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater and moving from a lane unsafely. Waldron was reportedly stopped Sunday at 1:15 a.m. at Route 237 and Walkers Corner Road.

Nicholas R. Harig, 19, of 170 Trowbridge Street, Buffalo, is charged with DWI following a traffic stop in Corfu by Officer Edward Caton for allegedly tailgating. Harig was also cited for having an inadequate muffler on his vehicle.

Dustin D. Say, 18, of 1952 Perry Road, North Java, and a 17-year-old companion from Alexander are charged with a felony count of burglary. Say and his companion allegedly entered an unlocked garage in Alexander and stole alcoholic beverages.

Sarah J. Patrick, 19, of Lockport, is charged with DWI. Patrick was stopped by State Police on Route 77 in Pembroke at 9:28 p.m. on Friday.

Chad A. Plante, 25, of Rochester, is charged with DWI, unlicensed operation and driving with a BAC of .08 or greater. Plante was stopped by State Police on Route 77 in Darien at 9:45 p.m. on Friday.

Benjamin P. Greene, 21, of Basom, is charged with DWI, driving with a BAC of .08 or greater, and failure to stay in designated lane. Greene was stopped by State Police on Galloway Road in Batavia at 2:31 a.m. on Sunday.

Daniel N. Brown, 36, of Le Roy, is charged with two counts of possession of a forged instrument. Brown was arrested by State Police on West Saile Drive in Batavia. The initial report was taken on June 7.  Brown was released on his own recognizance.