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Is the City of Batavia ready to pony up $288,000 in back pay to Batavia's police officers?

That could be the price tag on an expected arbitrator's ruling this summer.

Or the amount of back pay could be zero, or somewhere in between. Nobody really knows at this point.

In an e-mail request for comment, City Manager Jason Molino said, "Yes the arbitration decision will most likely come out this summer or fall.  There is no way of determining what the settlement may be.  This makes budgeting extremely difficult and no money has been budgeted for retroactive payments.  Any substantial retroactive payment would severely set back the City's attempt to minimize future costs."

Molino addressed the back pay issue earlier this year in his annual budget message, when he said that no money had been budgeted to cover retroactive pay.

Other city unions have given at least one year of zero-percent adjustments over the past four fiscal years (including 2009-2010), with other annual increases ranging from 1.5 percent to 2.85 percent.

If the the arbitrator finds in favor of the police union, the city could be on the hook for five years of back pay. It could be less, and it may not be as high as 3 percent.

But if the officers are awarded a 3-percent increase, it would be compounded for two years. That second-year rate would also apply to any additional annual pay increases for three years.

Frank Klimjack, president of the Batavia Police Benevolent Association, e-mailed us this explanation:

As per the Taylor law, an arbitrator can only impose an award for two years, therefore, that would only get the contract situation to an expiration date of March 31st, 2007.  Whatever award is imposed, a ?% for March 1st, 2005 and ?% for April 1st, 2006 would be granted to the PBA membership. Then you would have to readjust the amount of earnings beginning April 1st, 2005 through the present day 2009 based upon those percentages to determine back pay due the PBA membership. Then it's back to the negotiating table.

That's a big question mark in Klimjack's statement -- we don't know if it is 1 percent, 2 percent or 3 percent or more.  If the arbitrator imposes a rate as high as 4 percent, and five years of back pay, the total would be $317,800.  Two percent would be $258,000.

The BPA has been without a contract, and its members have not received a raise since 2005. Batavia police officers earn from $32,942 to $48,406 (most officers make $48,406), with detectives earning $53,164, sergeants $55,552 and lieutenants $63,775.  Two years of consecutive 3-percent raises for police officers earning $48,406 would bring their annual salaries to $51,354.

By comparison, the starting pay for a Genesee County Sheriff's Deputy is $47,798, and a typical deputy with three years on the force is earning about $52,832, according to Sheriff Gary Maha.

Unsure if the Batavia officers could really get a full five-years worth of back pay, I asked Klimjack to clarify and he replied: "Five years of back pay is correct.  Then beginning April 1st, 2007 through the present is negotiable."

I take that to mean that any additional annual increases from 2007 would be negotiable.  While, a total of five years of back pay for PBA members could still be award at whatever rate the arbitrator sets, per the Taylor law for the covered two years.

For a cash-strapped city, six-figures in back pay is a significant chunk of change. Asked where that money would come from, City Council President Charlie Mallow said, "I’m going to wait for the arbitration to be completed before I speculate on what steps the city will need to take to lesson the impact on our future tax burden. It is clear to me that it would be impossible to pass on a substantial tax increase to city residents at this point. I am confident Council as a whole will take whatever steps are necessary to ensure a stable tax rate."

You may remember that earlier this year the city decided to use $425,000 in Video Lottery Terminal to help land $4.5 million in Federal stimulus funds. Could that money have been better spent on police officer back pay?

"VLT aid was one-time revenues," Molino said. "Funding operational annual expenses with one time revenues would leave the City with significant shortfalls once the revenue stops."

Roberta King, killed in Binghamton on Friday, was born in Batavia, but grew up in Syracuse, according to Syracuse.com.

King, 72, was a substitute teacher that day.

People who knew her in Binghamton talked of her extensive doll collection and how she generously donated them for the annual Hanukkah museum at Temple Concord in Binghamton. Some of her dolls are on permanent display there.

On the Binghamton newspaper's Web site, many of the people commenting had her as a teacher and substitute teacher, and spoke glowingly of how she touched their lives.

...

Syracuse classmates from Roberta King's high school and college years in Syracuse were shocked Saturday to learn the gentle, sweet woman they remembered died Friday at the head of a classroom in the American Civic Association in Binghamton.

Marcos Juan Gomez, 31, of Rochester (pictured, right), is being charged with robbery in the 1st degree after allegedly being caught shoplifting at Target, and when security personnel there tried to stop him, he reportedly pulled a knife and fled. He was subsequently apprehended in the Home Depot parking lot. He is being held in Genesee County Jail in lieu of $20,000 bail.

Michael F. Geer, 18, of Batavia, is in jail on $5,000 bail and charged with harassment in the second degree and menacing in the second degree after allegedly wielding a knife and threatening to kill his mother. He is also charged with possession of a controlled substance He was taken into custody yesterday at around 5 p.m.

Benjamin Muntz, 20, of Oakfield (pictured, left), is accused of forgery after allegedly trying to pass forged checks at a local bank. He was arrested Thursday by a Sheriff's deputy while at Batavia City Court. He allegedly possessed two forged checks while at a Batavia bank in September. He is held in custody in lieu of $5,000 bail.

A 17-year-old girl from Stafford is in custody and held on $1,000 bail after allegedly entering a residence and taking $300 worth of property. She is charged with burglary in the second degree, a felony, and petty larceny. An order of protection was also issued.

Clint L. Stafford, 27, of Basom, was charged with DWI and felony unlicensed operation of a motor vehicle early Sunday morning. He was also ticked with an improper left turn and an open container.

A 17-year-old from Bergen is being charged with possession of a controlled substance in the 7th degree. A K-9 reportedly found hydrocodone in the teenagers possession in November and a subsequent lab test confirmed the substance was hydrocodone. The teenager was issued an appearance ticket.

A 17-year-old girl involved in a motor vehicle accident in Stafford last week was allegedly found with a switch blade knife and several marijuana pipes. She is being charged with criminal possession of a weapon in the 4th degree and unlawful possession of marijuana.

We received this advisory this morning:

... WINTER STORM WATCH REMAINS IN EFFECT FROM THIS EVENING THROUGH TUESDAY AFTERNOON...

A WINTER STORM WATCH REMAINS IN EFFECT FROM THIS EVENING THROUGH TUESDAY AFTERNOON.

OCCASIONAL RAIN TODAY WILL GRADUALLY MIX WITH... AND CHANGE TO WET SNOW LATE THIS AFTERNOON AND EVENING. THE CHANGE TO WET SNOW WILL INITIALLY TAKE PLACE ACROSS THE HIGHER ELEVATIONS SOUTH OF BUFFALO LATE THIS AFTERNOON AND EVENING... THEN THE CHANGE OVER WILL BE EXPERIENCED ACROSS THE LOWER ELEVATIONS AND FOR SITES ACROSS THE GENESEE VALLEY AS THE EVENING PROGRESSES.

SNOWFALL AMOUNTS TONIGHT WILL RANGE FROM 1 TO 3 INCHES IN THE LOWER ELEVATIONS TO AS MUCH AS 6 INCHES ACROSS THE HILLTOPS SOUTH OF BUFFALO AND BATAVIA. ADDITIONAL ACCUMULATIONS WILL TAKE PLACE DURING THE DAY TUESDAY... ESPECIALLY OVER THE ELEVATED TERRAIN SOUTH OF BUFFALO WHERE LAKE EFFECT ENHANCEMENT IS EXPECTED.

THIS OUT OF SEASON SNOWFALL WILL LIKELY IMPACT TRAVEL ACROSS THE REGION TONIGHT AND TUESDAY... SO MUNICIPALITIES SHOULD BE PREPARED FOR LATE WINTER CONDITIONS.

PRECAUTIONARY/PREPAREDNESS ACTIONS...

A WINTER STORM WATCH MEANS THAT HEAVY SNOW AND/OR ICE ACCUMULATIONS ARE POSSIBLE. IF YOU ARE WITHIN THE WATCH AREA... REMAIN ALERT TO RAPIDLY CHANGING WEATHER CONDITIONS.

More Information

... SIGNIFICANT OUT OF SEASON SNOWS EXPECTED TONIGHT INTO TUESDAY...

.DEEPENING LOW PRESSURE NEAR ERIE PENNSYLVANIA AT DAYBREAK WILL SLOWLY DRIFT ACROSS WESTERN NEW YORK TODAY... THEN WILL MAKE ITS WAY ACROSS THE ADIRONDACKS TO SOUTHERN QUEBEC TONIGHT. COLDER AIR WRAPPING IN BEHIND THE STRENGTHENING STORM SYSTEM WILL CHANGE OUR RAIN TO WET SNOW FROM WEST TO EAST DURING THE COURSE OF TONIGHT. THIS WILL RESULT IN WIDESPREAD SNOW ACCUMULATIONS ACROSS THE REGION WITH THE MOST SIGNIFICANT SNOW ACCUMULATIONS TONIGHT FORECAST TO BE OVER THE HIGHER TERRAIN SOUTH OF BUFFALO AND BATAVIA.

THE WET SNOW WILL CONTINUE ACROSS ALL OF WESTERN AND NORTH CENTRAL NEW YORK ON TUESDAY... ALTHOUGH SOME LIGHT RAIN MAY MIX BACK IN ACROSS THE LOWER ELEVATIONS. ADDITIONAL ACCUMULATIONS ARE EXPECTED FOR ALL AREAS AS A RESULT... WITH THE HIGHEST SNOWFALL AMOUNTS STILL BEING FOUND OVER THE HIGHER TERRAIN.

THE WIDESPREAD GENERAL SNOWFALL ACROSS WESTERN AND NORTH CENTRAL NEW YORK WILL TAPER OFF TUESDAY NIGHT... EXCEPT ACROSS THE WESTERN SOUTHERN TIER AND TUG HILL PLATEAU WHERE MORE FOCUSED AREAS OF LAKE EFFECT SNOW WILL LIKELY GENERATE EVEN MORE IMPRESSIVE SNOWFALL AMOUNTS.

THE UPCOMING HEAVY WET SNOW WILL LIKELY IMPACT TRAVEL ACROSS THE REGION MONDAY NIGHT AND TUESDAY... AND THERE COULD EVEN BE SOME SPOTTY POWER OUTAGES ACROSS THE HIGHER TERRAIN DUE TO THE HEAVY WET NATURE OF THE SNOW. UNLIKE THE OCTOBER 2006 EVENT WHERE FOLIATED TREES CONTRIBUTED TO THE HIGH IMPACT... THE REGION IS FORTUNATE THAT OUR GROWING SEASON HAS YET TO BEGIN.

We've had some discussion on The Batavian about "where are the local Democrats on the state budget." I've made at least one similar statement, and it's also come up in comments.

As part of an e-mail exchange today with Genesee County Democratic Chair Lorie Longhany, I asked Lorie for her statement on the budget.  Below is her statement, but she also said her teaching duties have been pretty full the past week or so.

Here's her statement:

While the budget has been controversial and has been the subject of much criticism, what needs to be considered is the unprecedented fiscal crisis that New York is facing. 

The budget closes the largest spending gap in state history -- 17.7 billion, 12 billion including the stimulus.  It includes 6.5 billion in spending cuts, nearly twice the amount of cuts as any governor from either party has ever proposed.

From the budget itself on the STAR rebate: The Enacted Budget eliminates the STAR rebate program as well as the corresponding enhanced NYC STAR tax credit, producing savings of $1.5 billion in 2009-10. Even after this action, the STAR exemption program and NYC STAR credit will continue to provide $3.3 billion in property tax relief.

Additionally, the Executive Budget proposal to decrease the “floor” reduction – the maximum reduction in STAR benefits that can occur as a result of changes in assessed value or market value –from 18 percent to 11 percent is not included in the Enacted Budget.

Cuts to health care waste and inefficiency, reforming the Rockefeller Drug Laws, the bottle bill and a temporary increase in personal income tax that progressively targets those making over $300,000 + help to reduce the gap.  The increase in spending is the result of stimulus money that will be redistributed throughout the state for infrastructure and job creation.

The budget is painful and not perfect, with some targeted cuts that I personally didn't agree with, but the situation that led us to this place culminated long before Governor Paterson and the newly elected Senate Democrats took over.  Tough times call for shared sacrifice and shared solutions. 

Now is the time for New Yorkers to come together and find viable solutions, not waste time with talk of division and secession.  Bringing high speed rail to fruition and creating a linkage between our upstate agri-businesses and downstate markets can bridge the divide and help both areas of the state to connect and flourish.

The Gallup organization has produced a map indexing a sense of well-being all across the nation.

The map is a result of surveys asking people in all 435 congressional districts 40 questions "to determine people's physical and mental well-being."

In our slice of WNY, we fall right in the middle of the index.  Now that doesn't tell us if we're mostly happy or mostly unhappy, just that relative to the rest of the United States, we're right in the middle 20 percent of well-being and life satisfaction.

The site that contains detailed reports on each district has a very web-unfriendly Javascript in place preventing me from linking directly to the survey results for the 26th Congressional District.  You can search here.  Our index number is: 65.9  For the top-10 states, Arizona trails the list at 66.8. Overall, New York is 64.7.

It might be fair to say that the 26th District is a island of reasonable happiness surrounded by a sea of misery.

You thought the last of Winter might be slipping away, well get ready for another big snow storm. We just received this advisory:

THE NATIONAL WEATHER SERVICE IN BUFFALO HAS ISSUED A WINTER STORM WATCH... WHICH IS IN EFFECT FROM MONDAY EVENING THROUGH TUESDAY AFTERNOON.

RAIN ON MONDAY WILL GRADUALLY MIX WITH... THEN CHANGE TO WET SNOW MONDAY EVENING. ACCUMULATING WET SNOW IS THEN EXPECTED DURING THE COURSE OF MONDAY NIGHT AND TUESDAY WITH SIGNIFICANT ACCUMULATIONS POSSIBLE. THE HIGHEST ACCUMULATIONS WILL LIKELY BE FOUND OVER THE HIGHER TERRAIN SOUTH OF BUFFALO AND BATAVIA WHERE AMOUNTS IN EXCESS OF 6 INCHES WILL BE POSSIBLE.

THIS OUT OF SEASON SNOWFALL WILL LIKELY IMPACT TRAVEL ACROSS THE REGION MONDAY NIGHT AND TUESDAY... SO MUNICIPALITIES SHOULD BE PREPARED FOR LATE WINTER CONDITIONS..

PRECAUTIONARY/PREPAREDNESS ACTIONS...

A WINTER STORM WATCH MEANS THAT HEAVY SNOW AND/OR ICE ACCUMULATIONS ARE POSSIBLE. IF YOU ARE WITHIN THE WATCH AREA... REMAIN ALERT TO RAPIDLY CHANGING WEATHER CONDITIONS.

More Information

... SIGNIFICANT OUT OF SEASON SNOWS POSSIBLE MONDAY NIGHT AND TUESDAY...

..LOW PRESSURE THAT WILL LIFT OUT OF THE OHIO VALLEY TONIGHT WILL CROSS WESTERN NEW YORK DURING THE DAY MONDAY. COLDER AIR WRAPPING IN BEHIND THE DEEPENING STORM SYSTEM WILL THEN CHANGE THE RAIN TO WET SNOW FROM WEST TO EAST DURING THE COURSE OF MONDAY NIGHT. SIGNIFICANT SNOW ACCUMULATIONS WILL BE POSSIBLE OVER THE WESTERN COUNTIES MONDAY NIGHT AS A RESULT... ESPECIALLY OVER THE HIGHER TERRAIN SOUTH OF BUFFALO AND BATAVIA.

AS THE VERY DEEP STORM SYSTEM LIFTS FROM THE ADIRONDACKS TO SOUTHERN QUEBEC ON TUESDAY... UNSEASONABLY COLD AIR WILL KEEP THE PRECIPITATION MAINLY AS SNOW WITH ADDITIONAL ACCUMULATIONS EXPECTED.

THE WIDESPREAD GENERAL SNOWFALL ACROSS WESTERN NEW YORK WILL TAPER OFF TUESDAY NIGHT... EXCEPT ACROSS THE WESTERN SOUTHERN TIER WHERE MORE FOCUSED AREAS OF LAKE EFFECT SNOW WILL BE POSSIBLE INTO WEDNESDAY. SINCE LAKE ERIE IS NOW GENERALLY ICE FREE... THIS COULD LEAD TO MORE SIGNIFICANT ACCUMULATIONS WELL SOUTH OF BUFFALO.

THE UPCOMING HEAVY WET SNOW WILL LIKELY IMPACT TRAVEL ACROSS THE REGION LATE MONDAY NIGHT AND TUESDAY... AND THERE COULD EVEN BE SOME SPOTTY POWER OUTAGES ACROSS THE HIGHER TERRAIN. UNLIKE THE OCT 2006 EVENT WHERE FOLIATED TREES CONTRIBUTED TO THE HIGH IMPACT... THE REGION IS FORTUNATE THAT OUR GROWING SEASON HAS YET TO BEGIN..

I wish I could find David J. Gordon, if he's still alive, and interview him. On video would be especially good. I wonder if he would squirm at all?

Gordon is the City of Batavia's former Director or Urban Renewal.  If there is one single person responsible for tearing down half of downtown Batavia and building that brutal mall, it is Gordon.

We could give Gordon his due and excuse his enthusiasm for destruction and reconstruction to youthful folly and the trends of the time. Or could we see him as a locus for change that not many Batavian's wanted (it's very hard to find any long-time residents who say they support (or should I say, "admit" that they supported) the city's decision at the time).

C.M. Barons, loyal reader and commentor on The Batavian, interviewed Gordon in 1973. He e-mailed me a copy of the article.

Reading the Q&A is nothing less than infuriating.

Gordon started his young adult life pursuing study in social sciences and then flirted with becoming a priest, but wound up in Washington, D.C. where he got involved in urban renewal, a particularly flatulent excess of federal largess aimed at destroying city blocks and replacing them with anything, anything at all.

Urban renewal was all the rage in the 1960s and 1970s.

Wikipedia:

Urban renewal is extremely controversial, and typically involves the destruction of businesses, the relocation of people, and the use of eminent domain as a legal instrument to reclaim private property for city-initiated development projects.

In the second half of the 20th century, renewal often resulted in the creation of urban sprawl and vast areas of cities being demolished ... 

Urban renewal's effect on actual revitalization is a subject of intense debate. It is seen by proponents as an economic engine, and by opponents as a regressive mechanism for enriching the wealthy at the expense of taxpayers and the poor. It carries a high cost to existing communities, and in many cases resulted in the destruction of vibrant—if run-down —neighborhoods.

If you're a fan of The Kinks, you might be familiar with the 1971 album Muswell Hillbillies, which was Ray Davies scathing and often witty polemic against urban renewal. Long before I came to Batavia, it was one of my favorite LPs. Now it often strikes me as especially poignant.

I got a letter this morning with serious news that's gone and ruined my day,
The borough surveyor's used compulsory purchase to acquire my domain,
They're gonna pull up the floors, they're gonna knock down the walls,
They're gonna dig up the drains.

Here come the people in grey they're gonna take me away to lord knows where,
But I'm so unprepared I got no time to pack and I got nothing to wear,
Here come the people in grey,
To take me away.

Gordon was very much one of those people in grey, judging from the picture with Barons' article and his attitude toward the city that was nothing more than another notch on his resume.

At the heart of the article is Gordon's complete lack of respect for the small business owner. Without that respect, it is easy to see why he had no qualms about dislocating businesses that had operated in the same locations for decades.

What I think personally and I was brought up in a small business man's type home -- I'm talking experience not theory, is that unfortunately business has become that which is owned by bigger and bigger conglomerates. The day of the small business, I'm sorry to say, has become more and more a less intricate part of the American scene. It's another one of the changing aspects, one of the reasons, and there are many, that in the old days when a man ran a business he whole family went in there and helped him. His wife went in there and more important -- his kid. But today his kid wants to go to college and rightly so. And he wants the 35 or 40 hour work week with fringe benefits and vacations; he doesn't want to work all hours of the day as he did before. The small business can't compete (for labor) with the fringe benefits offered by the larger companies.

As a Brit like Ray Davies might say, "What rubbish."

I, too, grew up in a "small business man's type home" and my decision not to become a baker had nothing to do with an unwillingness to work hard and put in long hours, or a desire to seek fringe benefits. I simply preferred to pursue a life involving words and thought (I set out to be a writer) rather than dough and icing.  It's impossible to pigeon hole the mass of humanity as nothing but 40-hour-week seekers. Some people have the entrepreneurial drive and some don't, and we need communities that meet the needs of both types of people.  Gordon's statement strikes me as rather myopic.

There are a number of family owned businesses in Genesee County, many of them in their second and third generations of ownership.  The family-owned business never went out of style.  There have always been people more interested in working for a family owned business rather than a conglomerate, fringe benefits or not.  There's more to a good work life than an extra week of vacation. Gordon's assertions were based neither on experience nor theory, but merely wishful thinking.

Prophetically, with a bit of wisdom Gordon may not have realized he possessed, he did note how important a strong downtown is to a vibrant community.

Remember this is a big tax producing basis for the city -- the business district. If the business district goes to hell, the economics of this town go to hell.

I shared Barons' article with Batavia loyalist Bill Kauffman, who's anti-urban renewal writing is known the nation over. Bill's response: "The arrogant bastards who knocked down Old Batavia ought to have been tarred and feathered and run out of town on a rail back to whatever unplace they came from."

Fortunately, whatever damage the bastards who tore down Old Batavia did to the business community, it is receding ever more into history as the local business community recovers. It didn't really take another government program, either, to turn things around. It is a combination of community effort and free enterprise, good small-town American values. It is a credit to the local merchants (which includes businesses in the mall) and property owners who have stuck with downtown and formed the Business Improvement District.  The BID has made great strides in revitalizing downtown, and the work continues.  Downtown Batavia's success is important for the entire community (at least Gordon got that much right). It sets the tone and the pace for the rest of the county.  The folly of David J. Gordon aside, there is no reason Downtown can't thrive for decades to come.

A few people have hit the site this morning searching for information on power outages.  I don't have any information on any outages at this time.  If you do, please leave a comment.

Any other storm damage?  If you have pictures, please share them.

We just received this statement from Sen. Mike Ranzenhofer's office:

“I lead the fight for homeowners, seniors and middle-class families on the Senate floor today and proposed an amendment to the State budget that would have reinstated STAR rebate checks for each and every homeowner in Western New York. 

Unfortunately, Senate democrats rejected my proposal, refusing to provide tax relief for homeowners that already pay some of the highest property taxes in the nation.  As a result, families will lose an average of $369 in Erie County and $525 in Genesee County for 2009 in much needed property tax relief. 

The Albany politicians still do not understand that Western New Yorkers need property tax relief now.  In these tough economic times, Western New Yorkers, especially middle-class families and seniors, need the STAR rebate checks to pay sky-rocketing property taxes just to make ends meet. 

Just as I did today on the Senate floor and at news conference outside property taxpayers’ houses weeks ago in Tonawanda and LeRoy, I will continue to fight to preserve the STAR program and property tax relief for Western New York.”

If you enjoy The Batavian, it's important that you support our advertisers. That's how we will be able to stay in business.

Current advertisers:

• Oliver's Candies. Buy your Easter candy at Oliver's, and remember, you can shop online.
• Genesee County Chamber of Commerce, offering getaway packages.
• Valle Jewelers, a family-owned tradition in Batavia for three generations.
• Center of Attention Auto Spa, now offering a spring special: Complete interior for $69.99.
• Batavia Downs, a stalwart in the community and fun entertainment venue.
• Barret's Batavia Marine & Sporting Supplies, proud sponsors of Jim Nigro's Outdoors posts.
• D'n'R Fireplaces and Stoves, a great place for your home decor needs.
• Holland Land Office Museum, now featuring a volunteer firefighters exhibit.
• Fastec Automotive, a quality auto repair shop in LeRoy specializing in foreign makes.
• Diegleman's Plumbing in Batavia.
• The Enchanted Florist, right in the heart of Downtown Batavia.

To promote your business on The Batavian, call Howard Owens at 585-260-6970, or write to me at howard (at) thebatavian dot com.

For Background on this poll, see yesterday's story by Paul Mrozek. A Darian Town Council member raised the issue at the Ways and Means Committee meeting on Monday.

"It's kind of ridiculous to have all nine legislators up for election at the same time," said Steve Ferry, a member of the Darien Town Board. He said four-year terms would provide more consistency for the Legislature and would also attract more candidates for the nine seats.

"When you tell people (potential candidates) it's a two-year term they kind of walk the other way," Ferry said.

UPDATE (2:55 p.m.): This notice was just sent to County Legislators.

Chair Hancock has requested your attendance at a Committee of the Whole Meeting Wednesday, April 8th at 6:30 PM for the purpose of discussing a request by Steve Ferry to bring to consideration the extension of Legislature Terms to four years and staggering those terms.  In addition, Mr. Ferry has requested a reconsideration of Legislature Rule 22 in regards to addressing the Legislature.

The Buffalo News reports this morning that a group of Western New York State Assembly Democrats "rebelled" against party bosses by voting "no" on a slate of budget bills.

But how much of a rebellion is it when the outcome is predetermined?

And 23 Democrats — nearly a quarter of the party’s conference — voted no on a massive bill involving health care spending.

What’s going on? Why would so many Democrats buck their leadership on such a crucial matter?

One answer is because Democrats control the Assembly with a highly secure 109-41 margin, leaving plenty of wiggle room to let some members avoid making a politically uncomfortable vote without affecting the overall outcome of a bill the leadership wants passed.

So some Democrats who might face a backlash back home get to play it safe and "buck" party leadership. Does it really make a difference? We still get stuck with this loser of a budget.

John Birchler left Batavia a long time ago, but he's making headlines in Schenectady where he's starring as John Denver in a off-Broadway tribute musical called "Almost Heaven."

Birchler left Batavia to attend college in Albany, and landed a teaching job near the state capitol after graduation. He is now retired.

“I don’t try to sound like him. It’s just a matter of representing his songs in that John Denver musical style. We want to perform the songs and be as faithful to him as we can.”

Birchler is the only identified character in the show, which includes 29 of Denver’s tunes, some of them accompanied by an audio-visual presentation.

“There are no real characters, but I do portray a John Denver-like figure,” said Birchler. “There’s a bit of a narrative thread throughout the show, and that’s me talking a little bit as Denver about different things that happened in his life. Beyond my little dialogue and the music, there’s an A-V component that includes almost 130 images projected onto a screen. In some way, they illustrate the songs and much of Denver’s life.”