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Right now, the cost of garbage collection in City of Batavia is just part of each property owner's tax bill.

It doesn't matter if dwelling is four units with four families, or one unit, the fee you pay is based on assessed value. There's no direct correlation between the amount of refuse produced from your property.

Councilman Sam Barone said last night the current system is unfair.

“Presently, it's based on the value of your home, for example," Barone said, "and there are some agencies that don’t pay at all, non-profit organizations, for example do not pay for trash service.”

Barone brought forward a now familiar proposal -- one that hasn't gotten far before -- to break out the cost of garbage collection as a separate fee on tax bills, and modify the fee-based system so its charged on a per-unit basis, including non-profits.

Councilwoman Rose Mary Christian immediately objected to the idea, saying, "You’re going to see a lot of garbage all over the city."

Councilman Frank Ferrando then backed Barone's proposal.

“We should investigate this because this should really bring down costs to taxpayers,” Ferrando said. “What we're doing is we're looking at the cost, a fairer way of distributing the costs. We should look into it."

At which point, Christian said, “There’s no doubt we should look into it.  We discussed it at the last budget meeting and agreed that we should discuss it sometime this year because it would definitely bring down the cost to taxpayers, so somehow, some way if we can do it, yes.”

Council President Charlie Mallow said he didn't favor putting a fee on garbage collection for non-profits. "Non-profits do a lot of good for the city," Mallow said.

The decision: City staff will investigate what other municipalities in the state are doing and bring a report back to council.

A Sheriff's Deputy was forced to destroy an aggressive Rottweiler this afternoon after the dog bit him on the hand.

Deputy Cory Mower responded  to a report of an aggressive dog running at large in the area of 8300 block of Bank Street Road in the Town of Batavia.

When Mower located the dog and approached him, the dog attacked him, biting his left hand, according to Deputy Chief Gordon Dibble.

Mower was heard on the scanner during the incident telling dispatch, "I tried to make friends with him."

After animal control arrived on scene, Mower transported himself to UMMC, where he was treated and released.

The 1:30 p.m. call was the second complaint the Sheriff's Office received today of a Rottweiler running loose in that neighborhood. In the morning, a deputy searched the area but did not find the dog. (The deputy did locate the dog, but was not able to capture it and it ran away. See comments below.)

The Rottweiler reportedly had current rabies tags, but the owner has not yet been identified and the incident remains under investigation.

Interim Fire Chief Ralph Hyde has a simple request: Let him use the newest of the retired city ambulances as an additional emergency response vehicle.

It would carry specialized rescue equipment that doesn't currently fit on the fire trucks and provide an air-conditioned space for overheated firefighters to rest when on scene of fires.

Hyde said with all the equipment stored in one mobile vehicle, instead of lockers in the fire station, the equipment could be deployed to emergency scenes when needed much more rapidly.

Councilman Bill Cox questioned, however, the wisdom of not selling the most valuable of the old ambulances at a time when the city still has $1.3 million in debt.

His suggestion set off a discussion last night that revealed that four of the council members present favored letting Hyde repurpose the ambulance, and four favoring selling it.

Councilman Bob Bialkowski suggested that the city look at selling the ambulance -- which has 50,000 miles on it -- and using that money to buy a new, potentially more suitable, all-wheel-drive vehicle for the fire department.

All members agreed the city should at least explore that idea.

In the past year, the city has applied for five state and federal grants.

Three of the grants -- totaling nearly $2 million in funding -- have been awarded. The city invested a little more than $12,000 on the grant application process.

"That's quite a return on investment," City Manager Jason Molino told the City Council during Monday's conference meeting.

The city has been awarded $411,000 for the Bank Street Project, $1.5 million from RestoreNY for the Masse Gateway Project and $25,000 for records retention.

With two grant applications unresolved, the city is looking forward for more grant opportunities.

Brownfield Opportunity Area: This grant is designed to help governments focus on revitalization strategies, not actual rehabilitation, for under utilized and dormant sites. It's intended to help with development stages between planning and actual redevelopment, such as site assessments and environmental reviews. The program reimburses up to 90 percent of costs and is supposed to foster a private-public partnership in redevelopment. Property owner participation is required. Molino said the ideal area to target is what the city has identified as the Ellicott Microenterprise District as part of the Central Corridor Project. The district extends down Ellicott Street from Evans to Swan. "It takes several uses (commercial, retail, residential) and puts them together, which is what they're looking for," Molino said.

Small Cities Community Development Block Grant: There are two types of grants available in this program. One grant is available for a small city to replace outdated sewer and water systems in low- to moderate-income areas. The other allows for assistance to property owners of low- to moderate-income housing. Molino is suggesting that the city go after a housing rehab grant, but unlike the Jackson Street project of 10 years ago, where the grant program provided loans, the city will pursue a straight grant option. In whatever designated area selected (or citywide), homeowners of low- to moderate-incomes could get grants, or landlords who rent to low- or moderate-income tenants could receive a grant. Up to $400,000 is available for this program. Molino anticipates that individual grant awards to property owners would be in the $10,000 to $15,000 range each. The city could apply to the housing rehab program every year, Molino said. it is competitive though, with only one out of three grant applications accepted. 

Records Management Grant: This year, the city received $25,000 for new shelving and software to convert key data records and city council minutes to electronic storage. This year, Molino said the city should apply for a grant to upgrade water metering and billing systems.

Upstate Blueprint Fund: This is a new state program intended to help communities attract business, improve commerce and revitalize downtown business areas. The program can fund grants and loans for businesses and municipalities. The program funds only 20 percent of a project and would require private business investment.

A van fire has been reported at 7500 York Road in Pavilion. The caller reports her van was being worked on. There is a lot of smoke, but no visible flames.

A dryer fire has been reported at 23 Lake St., Le Roy.  The Le Roy Fire Department has been dispatched.

UPDATE: First responder reports that the fire appears to be out.

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Following an impassioned discussion about a confidential personnel document that was leaked to the local media, apparently by a fellow member of the Batavia City Council, Council President Charlie Mallow said whomever leaked the document violated the trust of citizens and fellow council members and should resign immediately.

There is no way, Mallow said, that the council members can hold another executive session with any degree of confidence that what is discussed in closed session will remain confidential.

Mallow doesn't plan to call any further closed sessions on any matter during the remainder of his term as council president, which is about two months.

"If you cannot protect one of your citizens, protect your staff and follow your word, you don’t belong here," Mallow said. "I would expect them to resign. Absolutely. I don’t know how the citizens of the city wouldn’t expect someone to resign. If you have no integrity and you are not out there to protect the interests of our citizens, what are you doing here? You don’t belong here."

He then added, "That’s how the majority of the council feels. This is a betrayal. It’s a dirty betrayal."

And on the specific issue, Mallow said, the council is now stymied on dealing with it because nobody wants to go into executive session and risk having their statements leaked to the media.

"If there’s potential for further litigation on that matter, I can’t discuss it," Mallow said, "and that's a shame, because it needs to be discussed. It’s important. There’s an important matter there that needs to be discussed."

Mallow said one of his great disappointments is that a citizen who brought forward a complaint to the city with the intention that it be kept confidential was betrayed.

"They wanted the problem solved, not to make a spectacle of things," Mallow said. "They wanted a problem solved and they went to their government to do that and we didn’t. We failed them."

It was Councilman Frank Ferrando who brought the issue of the leak up at the close of Monday night's conference meeting. Ferrando called the leak a betrayal.

"There’s no reason to go behind closed doors if in fact everything can be shared," Ferrando said. "Let’s do it here, because I don’t want someone else telling someone what I said. I’ll say it myself. ...

"I will not go into executive session unless it’s stated clearly in council rules that what happens in executive session stays in executive session."

At one point, Ferrando turned to Daily News reporter Joanne Beck and said, “I want to say to Joanne Beck right now, if I’m the person who disclosed that letter, put it in the paper, I want people to know, because I know it wasn’t me."

Councilwoman Kathy Briggs also released Beck from any confidentiality agreement saying, "I know it wasn't me."

Beck reported the leak, and Mallow's criticism of it, Sept. 25. She disclosed that the Daily News received a copy of a letter accusing City Manager Jason Molino of "unprofessional and unethical behavior." The newspaper did not reveal the name of the letter's author, which Mallow praised as an example of good ethics. Beck did not disclose any other details of the letter or what prompted the complaint. Mallow characterized the accusations leak as a "witch hunt" but would not comment further at that time (regarding correction in this graph, see Charlie's comment below).

Mallow's commentary: Piecing things together, it appears that a member of the City Council called the author of the letter following the closed session and disclosed in some detail what was discussed in the session. That letter writer then contacted at least four council members and discussed the substance of what that person was told. It does not appear that Council member disclosed to Beck any of the closed session conversation. The Council member who called the letter writer may or may not be the same Council member who leaked the letter to the Daily News. I think they are two different people. At least, that's my best speculation as to the sequence of events based on available information.

Audio:

• Frank Ferrando
• Charlie Mallow 1
• Charlie Mallow 2
• City Attorney George Van Nest

NOTE: The two files above were recorded with my computer. The sound quality is just good enough so you can hear what Frank, and George are saying. Charlie was recorded with my iPhone and there is a bit of background noise on the first clip, though Charlie is quite audible. I include Van Nest even though I don't quote him above because his comments are interesting, especially since he notes that council has, as I've said before, discretion on whether to enter executive session on many topics. The council is rarely required by law to go into closed session. It's merely an option.

Home Owners of the Year, Bradley & Kelly Trzecieski with Councilwoman Kathy Briggs.

Download: Statement by Briggs (PDF)

Business of the Year: Parise's Auto & Towing.  Accepting the award from Councilman Tim Buckley is owner Mark Dickinson.

Download: Statement by Buckley (PDF)

Don Carroll receives Volunteer of the Year award from Councilman Sam Barone.

Download: Statement by Barone (PDF)

Press Release:

After researching financial aspects, location possibilities and public support, the Byron Bergen Public Library Board (BBPL) has concluded that absorbing full financial responsibilities for the library location at the Gillam Grant Community Center is not viable given current level of funding. The library location in the Village of Bergen will continue to remain open.

At the beginning of the year the Gillam Grant Community Center approached the BBPL Board indicating that they would no longer be able to host the library at their location without financial support from the BBPL. The Gillam Grant Community Center had provided staffing and space for the library to operate in their location. With expected cutbacks in county and local funding the BBPL is not able to take over these expenses. 

After review of public input and discussions with local funders, the BBPL will focus efforts on the Bergen village location to provide programmatic outreach to community members. For more information about the Byron Bergen Public Library, visit www.bbplibrary.wordpress.com.

A car reportedly spun out and was struck by a semi-truck on the eastbound Thruway near mile marker 402.3.

Mercy EMS is responding. Indian Falls fire and Pembroke have been dispatched.

The driver is reportedly conscious and talking with somebody, but no further word on injuries.

A utility pole has blown down in Alabama and the fire department is being dispatched. There is a report of fire on the wires and the pole has fallen into trees. 

I thought I heard 238 Sky Road as the address, but that doesn't come up on Google Maps.  The reported address is 238 Skye Road, Alabama.

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Total Image - Dawn Williams, 226 Ellicott St., Batavia, NY: Dawn offers clipper cuts for men, women and children, as well as coloring, highlights, perms and waxing. We have a $22 gift certificate for $11.

New Today, Total Image Hair Salon/Sarah and Amanda Lowe, 226 Ellicott St., Batavia, NY: Time to update your style? Try something different or finally get the hair styling you've dreamed of, give Sarah or Amanda at Total Image a try. We have a $22 gift certificate for $11.

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: 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.

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

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

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sold out

Heavy winds and light hail are moving into Genesee County from the west, according to a report on the scanner.

The National Weather Service issued a severe thunderstorm watch in effect until 3 p.m.

UPDATE: Severe thunderstorm watch is cancelled.

Also, I was in a meeting and couldn't get all the details, but:

• Byron and South Byron fire departments were dispatched to a utility pole that broke in half.
• There was a kitchen fire at 9131 E. Main St., Lot #23, Town of Batavia.

Wet pavement is most likely to blame for a one-motorcycle accident that took the life of a Byron man late Saturday afternoon.

Kevin P. Stearns, 29, of 7862 Byron Road, Byron, was pronounced dead at the scene by County Coroner Jack Taylor at 5:55 p.m..

Stearns was reportedly driving his 1995 Honda motorcycle eastbound on the Thruway near mile marker 402, just east of Exit 48-A in Pembroke, when he moved from the passing lane to the right to pass another vehicle. The bike reportedly skidded out of control and hit a guard rail.

Neither speed nor alcohol were a factor, according to a State Police spokesman, who described the roadway as slick with rain at the time.

The accident occurred at 4:50 p.m.. No other vehicles were directly involved.

Brittany Baker, who signed on as a correspondent with The Batavian this summer, starts work today in the newsroom of the Daily News. We're happy for Brittany. She's an ambitious young journalist. She did a terrific job for us and we're sure she has a bright career ahead of her. Both Billie and I are grateful to Brittany for all of her work.

Meanwhile, we have two new interns starting today.

Amy Weidner completes a bachelor's degree in broadcast communications at SUNY Brockport in December. She's focused on pursuing a career in news media. Amy grew up in Genesee County and currently lives in Batavia. She's a 2005 graduate of Oakfield-Alabama High School. Amy's primary beat during her internship will be Le Roy.

Ethan Thompson is a high school student who is home schooled. We first became aware of Ethan in April when Tasia did a profile of him and his entrepreneurial activities. Ethan describes himself as a "teenage entrepreneur." He likes to write, read and produce videos and he's very much into computers. He runs his own media company, Just Passing Thru Productions. He also owns and runs Youth in Action Mag, a site for Christian teens. Ethan, an Oakfield resident, will be producing news and feature videos, primarily about community events, for The Batavian during his internship.

As for our other correspondents, Gretel Kauffman is back in school, but may make an occasional contribution, and Tasia Boland has been busy with some good changes in her life, but she plans to start writing again soon.

Joseph Kyle Loveland, 26, of 665 Niagara Falls Blvd., Amherst, is charged with harassment. Loveland allegedly punched another person in the face while at Chestnut Ridge Country Club in Darien at about 6:30 p.m. on Saturday. The victim was reportedly treated at the scene and declined transportation to a hospital. Loveland was issued an appearance ticket. The incident was investigated by Sgt. Greg Walker.

Pamela A. Loughridge, 41, of 5630 Buffalo Road, Apt. 5, Churchville, is charged with DWI, aggravated DWI with a BAC of .08 or greater, aggravated unlicensed operation of a vehicle and moving from the lane unsafely. Loughridge was stopped at 6:04 p.m. yesterday by Deputy Chad Minuto on Route 237 in Byron.

Justin J. Jaszko, 30, of 8087 Kelsey Road, Batavia, is charged with criminal trespass. Jaszko allegedly entered the residence of his child's mother in Oakfield and refused to leave. The alleged incident occurred Friday morning at 8:45. Deputy Christopher Parker handled the call.

Ann M. Burgler, 49, of 6592 Royal Parkway, Lockport, is charged with DWI, DWI with a BAC of .08 or greater and failure to keep right. Burgler was stopped by Deputy Kevin McCarthy on Route 5 in Pembroke at 2:54 p.m. on Saturday.

Adam M. Gaylord, 29, of Byron, is charged with DWI, operating a vehicle with a BAC of .08 or greater and criminal possession of a weapon. Gaylord was stopped by State Police on Chapel Road in Elba at 10:50 p.m. on Friday.

Stephen L. Nichols, 33, of New York City, is charged with DWI and DWI with a BAC of .08 or greater. Nichols was stopped by State Police in Pavilion at Route 63 and Route 20 at 2:50 a.m. on Saturday.

Great Kutz, in the Valu Plaza, 4152 W. Main Street Road, Batavia, NY: Batavia's newest full-service salon, offering affordable haircuts for men and women on a walk-in basis. Today, we have two gift certificates for men's haircuts, a $12.95 value for $6 each (gift card can be applied toward other services, but not products).

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Alex's Place, 8322 Park Road, Batavia, NY: 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.

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

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: 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. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

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Press release:

Washington, DC - U.S. Senators Charles E. Schumer and Kirsten Gillibrand urged the House-Senate Conference Committee to include $350 million for the U.S. Department of Agriculture to help New York farmers struggling during the dairy crisis in the final Agriculture Appropriations Bill.  Senator Bernie Sanders of Vermont authored the provision that was included in the Senate version of the legislation. 
 
“Our dairy farmers are hurting.  A large step was taken when we convinced Secretary Vilsack to increase prices paid to farmers, and this is an important second step.  We need more to ensure that our dairy farmers survive this crisis and we will continue working to make sure that they do,” Senator Schumer said.

 
“During these tough economic times, this increase will bring some much needed relief for our farmers,” said Senator Gillibrand, the first New York Senator in 40 years to serve on the Senate Agriculture Committee. “While this is great for New York's dairy farmers, this is only a temporary solution to the fundamental problems with the dairy pricing system.  I will continue to work for a long term fix for our farmers.”
 
New York farmers are facing a dairy pricing crisis. According to the USDA it costs a New York dairy farmer $18.82 to produce a hundredweight of milk. Yet in July the average New York farmer received only $11.60 per hundredweight, though a number of farmers reported receiving even less.  The Milk Income Loss Contract (MILC), which was designed to be a safety net when there is a large price discrepancy, has not been able to adequately protect New York’s dairy farmers. As a result, New York farmers have been forced to either take on massive debt to cover their costs or go out of business.
 
In their letter, Senators Schumer and Gillibrand joined with 27 of their Senate Colleagues, writing, “America needs a strong, diverse dairy industry to feed our nation and keep rural communities thriving.  If retained in the final Agriculture Appropriations Conference Report, the funds provided by this amendment can be utilized by Secretary Vilsack to provide relief to America’s dairy industry.  These funds are crucial to helping hasten the recovery of farm milk prices this fall.”
 
The Agriculture Appropriations Bill is now being reconciled by the House-Senate Conference Committee, before final passage in both chambers, and sent to the President to become law.