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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.

A two-family residence in the Town of Alabama was heavily damaged by an early morning fire.

The fire was reported at 4:37 a.m. at 6967 Knowlesville Road.  The cause of the fire is under investigation.

All residents escaped the fire without injuries.

The front porch and a kitchen were heavily damaged in the blaze, according to a Sheriff's Office press release.

Responding to the fire were the Town of Alabama Fire Department, Oakfield, Town of Batavia, City of Batavia, East Pembroke, Indian Falls, East Shelby, City of Batavia Medic, Genesee County Emergency Management Office, State Police, Sheriff's Office and National Grid.

In a rare turn of events, a man charged with multiple felonies is being released from jail today because the District Attorney's office did not bring his case to the Grand Jury in a timely manner.

Michael L. Jackson, Jr. still faces two counts of grand larceny, a count of burglary and a count of criminal mischief stemming from an alleged break-in at Holland High Lift building in Bethany on April 11, but Judge Robert Noonan released him this afternoon from Genesee County Jail, where he was held on $25,000 bail.

The D.A.'s office had 45 days to seek an indictment from the Grand Jury, but as Asst. D.A. Will Zickl explained to Noonan, the D.A.'s office has been waiting for DNA-match results from a Monroe County criminal lab.

Zickl argued that the DNA evidence could potentially make for a stronger case to bring to the grand jury, but it also could be exculpatory and be "to the defendant's benefit."  There have been requests sent to the lab to quickly finish the tests, but to date, no results have been received.

(Presumably, there was DNA evidence collected at the scene of the alleged crime. Zickl said Jackson submitted to a mouth swab at the time of his arrest.)

There were also ongoing negotiations for a plea bargain, Zickl said, which kept open the possibility of a plea without the necessity of a Grand Jury indictment.

Defense Attorney Gary Horton said he was aware of only one plea bargain offer from the D.A.'s office, and that offer was immediately rejected by Jackson.

Horton contended that there was nothing preventing the D.A.'s office from presenting the case to the Grand Jury at any time.

"There was probable cause for an arrest," Horton said. "If that probable cause appears sufficient for an arrest, then presumably it rises to the same level of proof for a Grand Jury."

Zickl also argued that Jackson is a significant flight risk. He allegedly left the state immediately after the alleged crime was committed, but Horton countered that Jackson didn't know he was a suspect in the case at the time and that he returned to New York voluntarily.

Noonan said the issue before him wasn't about DNA, it was whether the people could have presented the case, and he saw no reason the people couldn't have proceeded.

Jackson indicated that upon release he had a place to stay in Oakfield.

Jackson is accused of damaging parts worth $1,500 and stealing items worth at least $8,000 and a pickup truck valued at $19,000.

City business, which is taxpayer business, should not be conducted in secret.

Last night, the City Council met in secret session to discuss a proposed settlement in an unfair labor practices claim with the local firefighters union.

It's a great deal, as we know it so far, for the firefighters, and probably well deserved and maybe even inevitable. It's possible that the best thing for City Hall is to settle this matter and move on.

But if not for a leak to The Batavian, residents of the City of Batavia would have scant knowledge that a proposed settlement was in place, nor the details of the settlement (we're confident the details provided to The Batavian are correct, but grant that we haven't seen an official document nor received confirmation from an on-the-record source).

We can only presume, then, that the city would charge ahead with a public meeting on Monday where the council could presumably vote on the settlement.

In such a rush to vote, where is the opportunity for public input? In the minutes before the vote? That hardly provides residents a chance to fully digest the agreement, let alone provide meaningful feedback.

If the vote is going to be Monday, the details should have been released to the public last night if not today.

City Council President Charlie Mallow says releasing the details jeopardizes the city's business and that the matter is still in negotiations.

Bunk.

It's clear the negotiations were wrapped up Tuesday.

And, what jeopardizes city business -- taxpayer business -- is withholding information from citizens. In environments of secrecy, it is when mistakes are made and elected officials wind up looking foolish for voting on things without giving constituents a proper chance to provide input.

In comments on the story breaking the details of the settlement, John Roach raises a number of important questions that should be answered before a vote.

This is a big issue. Eliminating the ambulance service was supposed to save the city money, but by putting off negotiations for two more years on overtime pay, by keeping four firefighters and guaranteeing no layoffs, and promising a 5 percent pay increase, by giving away $36,000 in bonuses, we have to wonder how much of the cost savings has just been given away?

Even if the settlement must be accepted, the public has a right to get answers to these questions.

City officials will argue that the closed session was necessary because it involved litigation and contract negotiations.

But there is nothing in New York's Open Meetings Law requiring elected officials to go into closed session on such matters. It's an option, but not a requirement. Nor are elected officials, as matter of law, prevented from discussing what happens in closed session.

City Manager Jason Molino and the City Council could handle this issue in a much more transparent manner if they so choose. But apparently, they want to get this matter put in the past with as little public input and possible.

(NOTE: Friday at 1:10 p.m. and so far no public notice of Monday's meeting.  We assume that's still the plan, but the clock is ticking according to New York's laws on public notice for meetings.)

UPDATE 5:04 p.m.: The city released this announcement at 3:23 p.m.

Please be advised that Batavia City Council will hold a special business meeting on Monday, August 31, 2009 to discuss contract and collective bargaining issues.   The meeting will begin at 6:00 pm in the Council Board Room at Batavia City Centre. 

A driver reportedly told witnesses that his accelerator stuck, causing him to hit as many as seven cars in the YMCA parking lot on Bank Street this morning.

No official report from the Police Department is available at this time.

Previously: City firefighters will keep jobs, get raises and bonus under terms of settlement

Twenty-three people were arrested at the Lil' Wayne concert last night at Darien Lake Theme Park.

A 16-year-old from Cheektowaga, charged with trespassing for allegedly jumping a fence to get into the concert venue.

Jonathan R. Bonner, 26, of 187 Jewett Ave. Upper, Buffalo, charged with trespassing after allegedly refusing to leave the concert venue.

Matthew A. Cary, 20, of 19 Cassandra Circle, Churchville, charged with unlawful possession of marijuana and possession of alcohol under age 21.

Sergio Cruz Vazquez, 22, of 7 Cheswick Drive, Churchville, charged with unlawful possession of marijuana.

Cameron D. Martin, 23, of 201 Privet Way, Rochester, charged with unlawful possession of marijuana.

Richard B. Wylie, 20, of 9717 South Protection Road, Holland, is charged with trespassing for allegedly jumping the fence to enter the concert venue.

Brian M. Johnson, 22, of 82 River St., Salamanca, is charged with disorderly conduct and unlawful possession of marijuana. Johnson allegedly tried to force his way into the concert venue. He was jailed on $250 bail.

Rose M. Wright, 26, of 17 Springfield Drive, Apt. D, Cheektowaga, is charged with is charged with disorderly conduct and unlawful possession of marijuana. Wright allegedly refused a request to stop swearing in public. She was jailed on $250 bail.

David J. Chauncey, 20, of 5931 Ellicott St., Pavilion, is charged with unlawful possession of marijuana.

Steven M. Chauncey, 18, of 5931 Ellicott St., Pavilion, is charged with unlawful possession of marijuana.

Timothy J. Penders, 18, of 146 Main St., Wyoming, is charged with unlawful possession of marijuana.

Mark P. Ricci, 18, of 281 Ridgeview Drive, East Rochester, is charged with criminal possession of marijuana after allegedly smoking marijuana in public view.

Bryon M .Wiese, 18, of 906 E. Main St., East Rochester, is charged with unlawful possession of marijuana.

David F. John, Jr., 23, of 12456 Longhorse Road, Lowtown, is charged with harassment and assault after allegedly hitting a woman and injuring a security guard who attempted to break up the incident. John was jailed on $1,000 bail.

Nicolo A. Chirico, 18, of 1820 Hudson Ave. Apt. 11, Rochester, was charged with criminal mischief. Chirico allegedly smashed a car window and was found sleeping in the vehicle.

Daniel J. Metz, 20, of 180 E. Abbott Grove, Orchard Park, is charged with possessing alcohol under age 21.

Kristen L. Fedick, 19, of 62 Southpoint Drive, Lancaster, is charged with possessing alcohol under age 21.

Alicia D. Dinardo, 19, of 29 Southwind Way, Rochester, is charged with possessing alcohol under age 21.

Michael R. Ritts, 19, of 8 Peppermill Lane, Orchard Park,  is charged with possessing alcohol under age 21.

A 10-year-old from Alexander J. Costello, IV, 19, of Hamburg was charged with possessing alcohol under age 21.

A 17-year-old from Kenmore was charged with possessing alcohol under age 21.

Paul A. Zagami III, 20, of 19 Arcade Ave., Amherst, is charged with possessing alcohol under age 21.

Alexis Cruz Vazquez, 20, of 7 Cheswick Drive, Churchville, is charged with possessing alcohol under age 21.

Harris G. Reed, 28, of 27 Perry St., Holley, is charged with petit larceny. Reed is accused of stealing a cell phone from a counter top at 11293 Lake Road, Pavilion. The alleged theft took place June 3. Reed was arrested Aug. 7. He will be arraigned in Pavilion Town Court Sept. 8.

A 17-year-old boy from Alabama has been charged with distributing indecent material to minors via a computer and endangering the welfare of a child. The youth allegedly sent nude pictures of himself to a minor female.

Jason W. Wolf, of the Town of Batavia, is charged with grand larceny, falsifying business records and 25 counts of offer to file a false instrument. The investigation by State Police is ongoing. The alleged crime was first reported Nov. 5. Wolf was arrested last week. He was released on his own recognizance. No other details were available on the SP media web site this morning.

Valle Jewelers, 21 Jackson St., Batavia, N.Y.: Need a gift? Need some sparkle? Valle's has a large selection of jewelry and gifts starting at under $25. We have a $25 gift certificate for $12.50.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

Belladessa's Pizzeria, 9 Jackson St., Batavia, N.Y.: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: Handcrafted items, gifts with a regional flare, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $9.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

Picasso's Pizza, 419 W. Main St., Batavia, N.Y.: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Stafford Fire Department has been dispatched to an unknown type fire on Route 5 between Roanoke Road and Buckley Road.

A first responder says there appears to be something "out in the woods."

UPDATE: 10:09 p.m.: It is a controlled burn. The property owners are on scene. It is under control. Stafford units back in service.

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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."

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.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers!  We have a $20 gift certificate for $8.50.

Picasso's Pizza, 419 W. Main St., Batavia, N.Y.: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually).

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: From cozy to contemporary is what you'll find at this well-stocked gift store. We have a $20 gift certificate for $9.

Pudgie's Lawn and Garden Center, 3646 West Main Road, Batavia, N.Y.: It's just about time to plant your fall bulbs for gorgeous spring flowers. Check out Pudgie's bulb selection. We have a $25 gift certificate for $12.50.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

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.

A motorcycle driver suffered a minor head injury yesterday afternoon when he came up behind a car on Bloomingdale Road that he thought was moving, only to realize once he was upon it that it was stopped, causing him to swerve off the roadway.

Gary Newton, 63, 11909 Boncliff, Alden, was not transported to the hospital following the accident.

The driver of the other vehicle was not identified.  It was apparently stopped at Bloomingdale Road and Martin Road in Alabama to make a left-hand turn.

Deputy Timothy Wescott investigated the accident.

New Today, Matty's Pizzeria, 4152 W. Main St., Batavia, N.Y.: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, N.Y.: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: Settler's has a 25-year history in Batavia of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Jackson St. Grill, 9 Jackson St., Batavia, N.Y.: Try the fresh, skinless haddock fish fry on Fridays. We have a $10 gift certificate for $5.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

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.