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Ted Kennedy: Friend to rural poor

By Howard B. Owens

The Rural Blog, which I read regulary and find pretty darn apolitical, and certainly no knee-jerk liberal/Democrat site, takes note of Ted Kennedy's career and declares him a friend of the rural poor.

As a site in a rural county, with all the discussion of Kennedy recently, I thought it worth sharing this unique perspective on Kennedy.

The new Mercy EMS fleet

By Howard B. Owens

Mercy Flight held an open house this evening at its headquarters at the county airport.  Above is a picture of its new ground ambulance fleet. Mercy EMS takes over as primary provider for ground ambulance service in Genesee County at midnight.

Council, union come to agreement on settlement terms

By Howard B. Owens

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.

Man reportedly bit in face by pit bull

By Howard B. Owens

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.

City manager outlines cost savings, and avoidance of litigation as reason for settlement

By Howard B. Owens

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."

Fire union denied application for injunction against disbanding ambulance service

By Howard B. Owens

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.

Multiple injuries reported in three-vehicle accident in Darien Saturday night

By Howard B. Owens

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.

Big turnout for Wiener Dog Race at Batavia Downs on Sunday

By Howard B. Owens

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's transition starts at 6 p.m. to take over ambulances

By Howard B. Owens

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.

Police Beat: Three Syracuse men accused of shoplifting at Wal-Mart

By Howard B. Owens

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.

Arson and attempted murder charges filed against Rochester man

By Howard B. Owens

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:

The Batavian is an open forum

By Howard B. Owens

Sometime ago I came to conclusion that newspaper journalism as practiced from about the 1950s on is dishonest.

Journalists beat their chests about objectivity. They report only the facts, they tell us. They have no opinions, no prejudices, no biases.

But the truth is, there's never been an objective newspaper story printed in the history of mankind.

Strict objectivity is impossible.

When a reporter goes to a City Council meeting, he starts making decisions about what agenda items are important, which facts and quotes will get jotted in a notebook and who to interview and what questions to ask once the meeting is over. When the reporter gets back to the office, he starts making decisions about which facts are the most important and which quotes to use and how to weave them into his story.

These are all subjective decisions based on a reporter's experience, prejudices and predilections. 

Some reporters are quite artful in pursuing an agenda by what they report and how they report it, but when called on it, they can just point to the story and say, "I don't express any opinion in this story."

A news story can be 100 percent factual, and laden with opinion, designed to lead the reader to the conclusion a reporter wishes to promote.

The general audience, however, believes reporters should be objective. That's what they were taught by the media.  People often sense the media they're getting isn't objective and become dissatisfied with the coverage they get, but because they haven't thought about how impossible objectivity is, they continue to demand objectivity as the standard.

Rupert Murdoch, the ever insightful media observer, noticed the breadth of this objectivity gap (audiences demand objectivity but only recognize as objective that which conforms with their views) and created Fox News.

He called his news "Fair and Balanced" and conservatives ate it up.  "Finally," they said, "objective news."

But Fox is anything but objective. It's opinionated. It pushes a conservative agenda. On Fox, Republicans can do no wrong and Democrats can do no right.

Every Democrat activist hates Fox News, and the "Fair and Balanced" motto drives them up the wall, but they love MSNBC, which overtly shifted its coverage to appeal to progressives in order to compete with Fox.

So when we launched The Batavian, we decided we would do away with all that phony-baloney "objectivity."

Our goals are simple: Be truthful, be honest, be transparent, provide all the relevant facts, to the best of our ability and hope our own blind stops don't lead us down the wrong coverage path.

That means, if we have an opinion, we'll be honest about sharing it. That's what honest and transparent journalists do in this New Media world.

And in the New Media world, because anybody can publish, there is a free and instantaneous check against our mistakes, biases and wrongheadedness, or just an open forum for others to disagree.

All opinions and observations are welcome on The Batavian.

There was a time when Republicans thought The Batavian was hostile to their positions. Many of the original members of the site were active in local Democratic politics, and I think Philip Anselmo leaned a bit to the liberal side. 

While I espoused a localist-libertarian position, I was (and am) non-partisan.

In this environment, Republicans didn't see many of their ideas being put forward and thought their viewpoints would be unwelcome.

Now, I'm hearing the Democrats are thinking of The Batavian, especially since Philip left is hostile to their party and positions.  Nothing could be further from the truth.  Naturally, I'm going to be critical of big government programs being pushed by Sen. Kirsten Gillibrand or more taxes and spending from David Paterson, but that's because as  a libertarian, I think those are bad policies. It has nothing to do with party affiliation.  I'm critical of Republicans when they espouse more government solutions to problems.

But really, what I believe and write is really immaterial. Mine is just one voice.

The Batavian is an open forum.  Anybody can leave a comment or submit a blog post.  If you don't like what I or anybody else has to say, you can have your say, too.  Of course, be prepared to defend your position in a mature and thoughtful way. There are many smart people who contribute to The Batavian and they won't always agree with you.

We believe that in an environment of open discussion, we can get much closer to the truth than in an environment where only single voices, or singular viewpoints are heard.

The only people who have ever been banned from The Batavian were people who engaged in personal attacks or trolling or not using their real names. Nobody has ever been banned because they were a Republican or Democrat or disagreed with me or another member of the site.

This isn't Daily Kos or Free Republic where you will get shouted down and shunned if you disagree with the prevailing agenda.

So if there are there any Democrats out there, or Republicans, who feel like their viewpoint isn't represented on The Batavian, they have nobody to blame but themselves.

UPDATE: See my comment attached to this post noting a back channel communication suggesting I'm off base and pointing out a few locally involved Democrats who participate that I didn't realize were active in the local party.

UPDATE Monday, 9:45 a.m.I: I've been struggling a good deal since yesterday afternoon about how I feel about this post.  I'm very grateful to all the people who are friends and fans of The Batavian. Some of them happen to be very involved in partisan politics, many of them are Democrats. I never really sat down and counted up how many that might be.  None of them said one mean or angry thing to me about this post, but as soon as I realized that I had overreacted to what just a couple of people said (and particularly an e-mail correspondent who doesn't even live in Genesee County), I felt and feel bad.  And not because of anything related to people being Democrats or Republicans, but because the people I least considered should have been among the first I considered because they've been so loyal to The Batavian.  I went in the wrong direction with this post, and for that I apologize.  (And maybe I'm just being too sensative about my own mistake -- some good conversation has come out of this post. I'm not sure anybody was really offended. But I feel like some people would have a right to be offended).

Video: OHMS Band performs in Jackson Square

By Howard B. Owens

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.

Car fire reported off Route 20 in Alexander

By Howard B. Owens

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.

Charity auction and Wiener Dog Race at Batavia Downs on Sunday

By Howard B. Owens

 

This autographed, Hall of Fame, Jim Kelly football of among the auction items you could win at Batavia Downs tomorrow in a charity auction to benefit Mercy Flight.

Post time is 1:15 p.m.

It's all part of Family Fun Day at Batavia Downs. The fun includes a bounce house, Pringles the Clown and Mr. Scribbles (from 2 to 4 p.m.).

And of course, the always popular annual Wiener Dog Race (post time 4:20 p.m.)!

The auction is a silent auction and will be held in the Paddock Room from noon until 5 p.m.

Paterson includes Batavia's Bank Street in infrastructure funding

By Howard B. Owens


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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.)

Arrestee accused of bringing cocaine into jail

By Howard B. Owens

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.

Witch Is Bettor Just Misses Track Record at Batavia Downs

By Howard B. Owens

Press Release:

Batavia, NY ---  Witch Is Bettor, Eagle Way and Indulge Me, all driven by Jim Morrill Jr., won their respective divisions in New York Sire Stakes action, Friday Night (Aug. 28) at Batavia Downs Casino.

Almost $200,000 in New York Sire Stakes money was up for grabs for the 3-year-old pacing fillies.

The fastest and most impressive winner was Witch Is Bettor, who just missed the Downs track record, when she scored under wraps by four lengths in 1:54.2, just missing Isabella Blue Chip’s 1:54.1 record.

Coming to the half Witch Is Bettor and Morrill unleashed a powerful three-wide brush to assume command heading into the clubhouse turn and coast to victory--not bad considering the temperature was an unseasonably cool 65 degrees.
 
“She got a little grabby so I tipped her out and let her pace, I didn’t want to sit behind the 4-horse (Keep It Fair) so I went on with it,” Morrill said, “ If I had known we could have broke the record I would have let her pace a little more.”

The Bettor’s Delight-Witch Hanover filly is owned and trainer by Robert Horowitz and Jerrold Spitzberg of New Jersey. The win was Witch is Bettor’s sixth of the season and raised her 2009 earnings to over $142,000.

Eagle Way, going off an overwhelming favorite started off the trifecta of Sire Stakes races when she took the short around to win in 1:56.1 by 1-1/4 lengths. Getting away second Morrill sat the pocket behind Up Front Kellie Jo (Wally Hennessey), angled to the passing lane as the field turned for home to win going away.

“We were going so slow I thought Wally’s filly would carry me and she did” Morrill said.

The Dream Away-Western Dancer filly notched her fifth win of the season for owner Frank Dettore Horse Racing LLC of Ohio. Mark Ford is the conditioner. Her 2009 bankroll stands at over $158,000.

The photo camera was needed to decide the order of finish in final stakes event of the evening as three very talented fillies were charging to the wire. When the dust settled it was Indulge Me holding on to win over pocketsitting Perfect Launch (Greg Merton) and a wide All Spirit (Jim Marohn Jr.) in 1:55.2. Moving at the quarter, Indulge Me and Morrill put up all the numbers to tally her sixth win of the year for owners Robert and Lauren Tucker and trainer Ed Lohmeyer of New Jersey. The win boosted Indulge Me’s lifetime earnings to more than $500,000.

The 2009 stakes season at Batavia Downs Casino continues on Sunday afternoon. Three Late Closers, also for the 3-year-old pacing fillies, will be contested. Sunday post time is 1:15 p.m.

Racing resumes on Saturday night, with post time set for 7:05 p.m.

Todd Haight
Promotional Marketing Specialist
Batavia Downs Casino

Fire units responding to furnace sparking on Galloway Road

By Howard B. Owens

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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