City Fire

Captain Craig Williams will serve as City of Batavia fire chief for the next four to six weeks, City Manager Jason Molino announced late this afternoon.

Williams replaces Chief Ralph Hyde, who has been acting chief since last fall, when the previous chief had to step down because of a conflict over his retirement benefits and ability to draw a city salary.

Hyde was on his second tour of duty as the city's chief, and decided it was time to go back into retirement.

Molino said the search for a new, permanent chief is progressing, but didn't want to discuss details of the search, including the number of candidates who have applied for the job.

At the city's fire hall this afternoon, firefighters were in a good mood and Williams said he stepped into the role because it seemed like the right thing to do.

"With Chief Hyde leaving tomorrow and the city needing an interim chief for the next month, month-and-a-half, I decided to step in and help the city out," Williams said.

Williams said he will handle the chief's typical day-to-day duties until a new chief is appointed.

Meanwhile, the city's other vacant position of note, the plumbing inspector, has been filled with an interim appointment. Replacing the retiring Barb Toal is her cousin, Ron Toal of Elba.

Plumbing inspectors in New York's cities must pass a local plumbing board test and cannot work as a plumber in the city once appointed.

The city has three candidates for a permanent position, Molino said. They have taken the test and Molino said he believes the tests will be graded next month.

The plumbing board has three tests to grade, Molino said.  He expects they will be graded next month.

On Jan. 23, 2005, six New York City firefighters became trapped on the fourth floor of a burning building. All six jumped from windows, and two firefighters died after the 50-foot fall.

Soon after, FDNY began testing procedures and systems to allow firefighters to more safely exit a building if fire has blocked all doorway exits.

After a couple of years of research, FDNY came up with specification for a rappel system that is lightweight so interior firefighters can carry it as part of their regular gear. 

A Utah-based company then developed a device based on those specifications.

It's now state law that all interior firefighters be equipped with this system, or one like it, and the City of Batavia has become one of the first fire departments in the state, outside of New York City, to purchase and train all of its firefighters on the system, called EXO.

"New York has been using it three or four years, so it's a proven system," said Capt. Craig Williams.

The cost to outfit 36 firefighters and have local crew members trained to use it and train other firefighters was $25,000.

The training isn't as easy as it looks, the firefighters say. They are required to climb out of a simulated second-story window nine times -- three times with no other gear, three times with their breathing apparatus and three times with their face shields blacked out so they can't see -- just as it would likely be in a real fire.

The training is obviously physically demanding. Today, firefighters who completed the procedure were clearly winded once they were on the ground and had their masks off.

Of the local volunteer fire departments, Williams said only Bergen is making the purchase and beginning the training at this time.

Photos: Top, Capt. Jeff Day comes out of a simulated upper-story window at the city's fire headquarters. Inset is Day right after pulling off his mask after reaching the ground. Bottom, is firefighter Dave Adams.

Batavia is looking for a new fire chief.

The city ran an ad in the Democrat and Chronicle over the weekend offering the position with a salary range of $68,000 and $82,350 per year.

City Manager Jason Molino told WBTA that the new chief needs to be a leader who isn't inflexible.

"We’re looking for a fire chief who’s got an open mind, is eager and has the enthusiasm to move the department forward for the best interest of the community," Molino said.

Interim Chief Ralph Hyde came out of retirement in May 2009 to fill a vacancy created by the departure of Tom Dillon, who was prohibited by the state from drawing a pension and a full-time salary.

It's red, shiny and has all the bells and whistles. No, it's not Santa's sled -- it's the new fire truck in the Pembroke Fire District.

The truck arrived at the fire station Dec. 8 and Bruce Ross sent over the picture above along with some information about the tanker.

The total cost: $285,000. But, as Ross said, "The payoff for having access to this life saving truck: absolutely priceless to both the firefighters and community."

The 2009 Peterbuilt has a 3,100 gallon tank capacity along with 60 gallons of on-board in-tank foam.

"The truck has all of the latest state-of-the-art LED emergency lighting, including a large directional arrow on the rear of the truck for use on the roadway, especially helpful on Thruway accident scenes, and a Federal Q2B siren to ensure a clear path for minimum response times to an emergency," Ross said.

The truck's equipment includes six SCBA air packs  for use on interior firefighting efforts, eight extra air bottles, 48 feet in ground ladders, various hand tools used both in interior and exterior firefighting work, hard-suction hose in order to gain access to water out of a standing water source such as a pond, and a 4,000-gallon portable pond used in remote areas.

It replaces a 1978 International Tanker that held a mere 1,800 gallons of water. Ross said the old tanker carried less equipment and was plagued by an increasing number of mechanical issues.

Crews will undergo pump and driver training and the truck is expected to be put in service in January.

The City of Batavia Fire Department, along with Liberty Mutual Insurance, wants you to be fire smart. Liberty Mutual is giving away $10,000 grants to fire departments that display a commitment to fire safety. A total of 10 grants will be awarded.

By simply going to BeFireSmart.com and completing a 10-question fire safety quiz, you will credit our fire department and increase our chances of receiving one of the grants to be used for fire prevention in our community. The site has a section for children as well and gives parents a fun way to teach fire safety to the whole family.

The results will be announced later this month so complete the quiz today, credit the City of Batavia Fire Department, be fire smart, and help us help you.

The South Byron Volunteer Fire Department has a new tanker that it hopes to have in service by January.

To meet that deadline, there will be intensive driver and operator training, according to Scott Blossom, who supplied the picture and information.

Tanker 87 was received by the department on Sunday. It was built by Crimson Fire, Inc. in Brandon, South Dakota. It's a 2009 Kenworth T370 Chassis with a five-man commercial cab.

It can pump 1,250 gallons per minute and has a 2,750-gallon water tank with a remote controlled tail pump. It will have 1,000 feet of 4-inch supply hose, one 3/4-inch attack hand line and two 1/2-inch heavy attack lines. 

The truck is capable of being a front-line engine.

It replaces a 1984 Ford tanker with a 500-gallon per-minute pump and 2,000 gallon tank.  That tanker is now up for sale.

UPDATE: I sent a follow up e-mail to Scott and asked about the price of the tanker.  Below is his response, which also clarifies some of the terminology.

Around $265,000

A few boo boos in the posting, I should have been clearer with firefighting terms. It is a tail dump, that is to say where the water dumps out of the truck into a portable tank for engines to suck water out of to fight fires. Used in areas without fire hydrants. The tankers bring water to the scene from ponds, streams, or the nearest hydrant.

The sizes of the attack lines are 1.75 inches and 2.5 inches, as we write them 1 3/4 and 2 1/2.

No biggee, my fault for not being clear.  When your used to talking a certain way, you forget to adjust your terms for those who are not in you line of work.

Fire Chief Ralph Hyde will get his light-rescue vehicle, and it's the one he's requested during at least three City Council meetings now.

After a 20-minute discussion at last night's council meeting, the council sort of collectively shrugged and said, "go ahead."

At the end of the discussion, after saying Hyde has "our blessing," Council President Charlie Mallow motioned his hands like a priest, which drew a laugh.

Hyde has sought permission to convert one of the former ambulances -- the newest one, bought within the past year with a state grant -- into a vehicle that could carry additional rescue equipment that doesn't fit on either Ladder 15 or Engine 12.

Council members dithered, asking him to justify the need for the ambulance as a rescue vehicle. Then they asked him to research the option of selling the ambulance and purchasing a new truck, since the ambulance already has 50,000 miles on it.

Hyde's report Monday night put the cost at a new vehicle at between $65,000 and $189,000.

"It would take a $1,000 to convert it, so it’s far cheaper than going out and getting a new vehicle," Hyde said. "And It’s something that we’ve needed for many years."

Previously, Hyde's argument for the ambulance didn't include using some space inside the vehicle to give people displaced from their homes by fire a place to stay warm.

"In the past, we've had people have to wait outside for 30 minutes to an hour, and had to send firefighters in to retrieve shoes and jackets," Hyde said.

The table and benches inside could also serve as a convenient place to interview fire witnesses.

Councilman Bob Bialkowski complained that he thought the purpose of getting rid of the ambulance service was to save money and he expected all six of the city's ambulances to be sold. Mallow pointed out that previously, the council resolution only authorized the sale of the five older ambulances.

A vote was not required on the decision to convert the ambulance into a light-rescue vehicle since the city owns it and it's already assigned to the Fire Department.

Members of the Batavia City Fire Department brought Ladder 15 over to the parking lot of Richmond Library this morning where a group of pre-schoolers were able to meet firemen, get a look at all the truck's equipment  and slide onto the driver's seat.

UPDATE: We've received a couple of e-mails: This event was sponsored by the Genesee Region Insurance Professionals.

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.

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. 

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."

With Monday's hot weather, city of Batavia Firefighters took to the water yesterday, according to a press release from the firefighters' union.

Firefighters conducted training at DeWitt Recreation Area on Cedar Street, where they deployed a 16-foot aluminum boat with a 6 hp engine and also rolled out Engine 12, which comes equipped with Coast Guard-approved life vests, rescue ring and several hundred feet of rope.

There are 58 acres of water (ponds and lakes) within the city's first-response area, and 2.75 miles of Tonawanda Creek, plus numerous pools.

"The rapid deployment craft is the most versatile piece of water rescue equipment in service with the City of Batavia," wrote Robert Fix II. "It is quickly inflated and can be used in many situations including open water (DeWitt Recreation Area),  swift water (Tonawanda Creek)  and ice rescues. It is particularly well suited for rescues at low head dams like the one located behind the county courthouse."

This evening, City of Batavia firefighter Richard Stefaniak was riding high atop the city's ladder truck. He told me the view is great from up there.  He was testing the apparatus after some recent repairs.

If you would like to download a high-res version this photo, click here.

We need to check -- Has Adam Miller started selling backpedals?  It seems so. A few were put in use at tonight's Batavia City Council meeting.

Suddenly, the idea of taking a good hard look at converting the Batavia Fire Department to an all volunteer force doesn't seem as attractive to as many council members as it did May 26, when City Council President Charlie Mallow raised the issue in a fiery speech about the high cost of the current paid-professional service.

At that meeting, council members Marianne Clattenburg, Bill Cox, Bob Bialkowski and Rose Mary Christian all expressed support for looking more closely at the idea, with Clattenburg endorsing Mallow's call to arms with a hearty, "here, here."

Tonight, only Mallow kept the flame lit.

"I could foresee a problem with volunteers because of all the tall structures we have in the city," said Clattenburg. "I have real concerns if something disastrous happens."

Clattenburg said what she really meant at the previous meeting is that there should be some study on how the city can save money on fire service, such as looking at what cities of similar size as Batavia, with similar structures, do for fire service and how they keep costs down.

Christian, who wasn't quite as vocal in her support of Mallow's proposal in May, was more adamant in her opposition tonight to the idea of switching to an all volunteer force.

Christian made the repeated point -- disputed by Mallow -- that only paid professional fire fighters are trained in how to clear a building in an emergency, that volunteers are not allowed to get evacuation training.

"400 Towers is in my ward, and we have hospitals in the other wards," Christian said. "When you can prove to me that they have the training, then I can agree with it. Until then, I can't."

Christian also raised concerns about how quickly volunteers would respond, noting that current fire personnel can respond to an emergency anywhere in the city within three minutes.

When Bialkowski suggested that the City Council set some goals for what it hopes to accomplish with a reconsideration of the fire service, Christian interjected, "Goals are about money, and my goals are safety.  Money isn't always an issue."

And the theme was set for the discussion: This isn't all about money. We need to consider the safety issues as well.

"When we had that fire at Christina's, if not for the immediate response of the fire department, that whole block could have gone down," said Councilman Frank Ferrando.

Mallow reminded council members that terms of the current union agreement doesn't necessarily put safety first. Before any volunteer firefighter can be dispatched to a fire in the City of Batavia, all paid personnel must be called in, even if it means overtime.

"If we're going to talk about safety, let's really talk about safety," Mallow said. "Let's talk about these restrictions."

Mallow also said that there are bigger cities in New York, with bigger structures, that have all-volunteer fire departments.

"Just because we've always done it this way in Batavia doesn't make it right," Mallow said.

Council members are going to form a subcommittee to further study cost saving measures, including potentially coming up with a scheme to include volunteers with paid staff in a single department.

Christian (pictured top in file photo) is a candidate for a seat on the County Legislature and Clattenburg (file photo) is looking to move up from her Ward 2 council seat to a Council At Large seat.

If you missed it, see the post from last night's council meeting.

Could the city's claims that the ambulance service was losing money and had to be nixed have been a "deceitful attempt" to get rid of some of the city's firefighters? That's the conclusion following an independent audit of the city's finances that allegedly shows that the ambulance has been in the black every year except one for the past five years. The decision to end the city ambulance service as of September 1 was made at a City Council meeting last month. The vote was unanimous.

Greg Ireland, president of the Firefighters Local 896, met with us today outside the city fire hall to talk about that audit.

"It's plain and simple: the numbers don't lie," he said. "Revenues exceeded expenditures, period."

If you visit the new Batavia ambulance Web site you can get a closer look at those numbers. Ireland had the audit put together by Kevin Decker, president of the Albany-based independent firm, Decker Economics. In his report, summarized in a memo that Ireland gave to us today, Decker shows that in the fiscal year 2003-04, the city ambulance fund "recorded an operating surplus (revenues minus expenses) of $529,766." In 2004-05, the fund posted a surplus of $414,006. In 2005-06, the fund posted a surplus of $570,807.

That's the year that things start to change, according to the report.

"To compensate the General fund for resources expended by fire department personnel directly related to ambulance services, the City provided for a transfer from the Ambulance fund to the General fund (of) $921,609."

This shift of expenses from one fund to another—a typical city budget includes several funds, including: general, fire, sewer and water—is known as an interfund transfer, by which expenses or revenues generated within one fund are used to offset those of another.

So, in the following year, 2006-07, Decker's report explains that the ambulance fund posted a deficit of $454,799. That deficit is explained in these terms on the Web site:

"Since people were beginning to question the inter-fund transfers, the city created a better way to hide their ambulance money.  Instead of just picking a number out of the sky, City Hall decided to remove 35% (approximately $1 million) of Firefighter's wages and benefits from the General Fund and put those expenses against the Ambulance Fund.  So without the "transfer", but adding $1 million of "false" expenses, the Ambulance Fund showed a deficit of $454,799."

The interfund transfers continued in 2007-08, but the ambulance fund still posted a surplus of $286,038, according to the report.

The bottom line is that the ambulance service helps subsidize the cost of the City's fire department. In fact, in FY 2007-08, the City's Ambulance fund generated an operating surplus even with a significant portion of fire department wages and salaries included.

If we assume that the level of staffing for fire suppression personnel cannot be reduced any further, eliminating the ambulance service will require the City to come up with other sources of revenue to finance the payroll costs for City firefighters that are currently being subsidized by the Ambulance Fund. This fact has been recognized, and reported to the City, by both the City's auditors and the State Comptroller's Office.

In conclusion:

Absent a complete lack of understanding on the part of City leaders, it would appear that this move to eliminate the ambulance service is a back door and deceitful attempt to reduce the size of the City's firefighting force.

"We want a new vote taken," said Ireland. "We want to educate the public. Then we want a new vote taken."

In a video interview with Ireland taken at the union's informational picket outside City Hall last week, he said that the city rushed the decision to end ambulance service before anyone had a chance to speak out on it.

Ireland said he is open to negotiations with the city. Of course, that would all take place "behind closed doors."

"I'm more than willing to sit down and talk openly with anyone," he said.

On a side note, our appointment this afternoon was to meet with Ireland at the city fire hall on Evans Street. We had to conduct that meeting outside on the sidewalk. Not a bad situation on a nice day like today. But you may ask why. Well, Ireland apologized and explained that the city manager, Jason Molino, called this morning and told him not to meet with the press inside the fire hall. In fact, Ireland's meeting earlier with Dan Fischer of WBTA and Joanne Beck of the Daily News had to be moved to the WBTA studios, he said.