Last night I e-mailed a series of questions related to the apparent leak of personnel information from a Batavia City Council closed session to local media. I'll have a separate post on the responses shortly, but Councilman Bill Cox sent along the following statement, which we're posting in full:

"The purpose of the executive session in question was to discuss a personnel matter. The specific subject matter and person it involved should be and remain confidential until such time it is deemed advisable to release a statement. That discussion among council members is still ongoing and a second executive session has to be held to complete it. The employee in question has not even had an opportunity to speak to council. It is inappropriate to have any of this information disseminated when the facts have not been evaluated, discussed in total, or any findings made. It is also unfair to any employee to do so without both sides having a chance to discuss the matter. After that process has been completed then we need legal advice on what gets published.

To provide legal guidance to our council, city management, and the public, I e-mailed a letter to NYCOM, the organization all the cities, towns, and villages belong to for this kind of legal guidance to request what municipal and other NYS laws say about the sharing or disclosing the contents of discussions and documentation at executive sessions. I personally told this to Council President Mallow before the meeting Monday night in hopes of preventing the fiasco that occurred from happening. It obviously had no impact. 

It appears some members of council are overreacting and are on an emotional roller coaster. The tragic thing is they are deflecting (intentionally or unintentionally) the real issue and turned it into a second issue. Without a second executive session a determination cannot be accomplished, the employee cannot have an opportunity to reply, and the complainant cannot have his or her complaint heard by council and taken care of.

The real thing going on right now appears to be a witch hunt by some council members who want to require a litmus test of all council members, then a loyalty test, and finally a lynching. Those same council members are the ones who are not doing their job and they are not living up to their oath of office because they are preventing a city matter from being resolved by refusing to go into executive session. They have blown this situation all out of proportion; they have prevented a resolution to a problem; they are allowing a cloud over someone’s reputation to continue and have turned this into a circus.

I would hope this is not a ploy on some council member’s thoughts who are up for re-election to get their names in the paper in hope of getting votes this November. Our voters are smart people. I hope this fall they remember the antics going on at council by certain members, the unwillingness to act as a council on an important matter, and then vote accordingly. This entire fiasco can’t pass the “smell test”; it stinks of politics by those specific members who continue to stir things up.

If this were a business those council people would be told by senior management to get on with business or else. Council has accomplished some very good things in the past 12 months, we need to continue our work.

I take the council position I was elected to seriously will not participate in any of their childish games, litmus tests, or anything else they are trying to sell to the public. We have a lot of important objectives to work on; we have to start our budget process soon, deal with pending neighborhood proposals from NIC, and also get resolution to this problem so we can all concentrate on what we were elected to do which is better government at lower cost."

Bill Cox
Councilman – First Ward

Turkey vultures are normally seen gliding high overhead, soaring on thermal currents, those columns of rising warm air that enable them to cover miles while conserving energy at the same time. Last Wednesday I took these photos along the edge of an evergreen forest. Seven were roosting in a dead hardwood with several more situated in a splintered pine.

While a few birds flew back and forth between the edge of the pines and the dead tree, for the most part they were unalarmed, staying put for several photos.    

Above photo depicts one turkey vulture spreading its wings while another preens its feathers. There is much speculation as to the reason for this practice. Some believe the wings are used as solar panels to generate body warmth while others tend to think they are utilizing the suns ultraviolet rays to kill bacteria picked up from diseased carcasses.

They are ominous-looking creatures, and with their featherless heads, turkey vultures may not be much in terms of appearance, yet they perform a valuable service by cleaning up carrion. Even from high overhead, the turkey vulture employs its keen sense of smell to locate food, one of the few birds of prey able to do so. 

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.

Town of Batavia FD is on scene at College Village building G (Spruce Hall) for a fire alarm. Response appears to be Rescue, Heavy Rescue, and at least one Chief. The cause of the alarm is not known to me at this time. More info when available.

Update (9:50 PM): This may end up being a non-story as they've already left. Response was Rescue 20, Rescue 24 and appeared to also include two chiefs. The dual-Rescue response has been fairly unusual in the past and that combined with everything arriving in a group led me to believe there might be something confirmed active, but appears to have simply been for the lighting abilities of those rigs. I don't have access to a scanner, so until I hear details from someone all I know is that the FD has been called.

The National Weather Service has issued a Special Weather Statement and a Flood Warning covering Genesee County. There is a strong thunderstorm expected to pass just south of Buffalo at 9:45 which has the potential to become severe. The flood warning is in effect until 1:30AM, and has been issued due to imminent or observed flooding of small creek and streams, underpasses and other low-lying areas. The Kensington Expressway in Buffalo has been partially closed due to flooding. Releases after the jump.

SPECIAL WEATHER STATEMENT
NATIONAL WEATHER SERVICE BUFFALO NY
907 PM EDT MON SEP 28 2009

NYZ010>012-085-290200-
ERIE NY-GENESEE NY-WYOMING NY-
907 PM EDT MON SEP 28 2009

...A STRONG THUNDERSTORM WILL PASS JUST SOUTH OF BUFFALO THROUGH 945 PM...

RADAR SHOWED A THUNDERSTORM CONTAINING VERY HEAVY RAINFALL...AND WIND GUSTS TO 50 MPH APPROACHING SOUTH OF BUFFALO. EXPECT THIS STORM TO PASS JUST SOUTH OF BUFFALO NEAR LACKAWANNA THROUGH 945 PM. IN ADDITION...PERIODIC HEAVY RAIN SHOWERS WILL CONTINUE THROUGH THIS EVENING. A FLOOD WARNING REMAINS IN EFFECT.

THIS STORM HAS THE POTENTIAL TO BECOME SEVERE AND PRODUCE LARGE HAIL AND/OR DAMAGING WINDS.



FLOOD WARNING
NATIONAL WEATHER SERVICE BUFFALO NY
743 PM EDT MON SEP 28 2009

NYC009-013-029-037-121-290530-
/O.NEW.KBUF.FA.W.0003.090928T2343Z-090929T0530Z/
/00000.0.ER.000000T0000Z.000000T0000Z.000000T0000Z.OO/
743 PM EDT MON SEP 28 2009

THE NATIONAL WEATHER SERVICE IN BUFFALO HAS ISSUED A

* FLOOD WARNING FOR URBAN AREAS AND SMALL STREAMS IN...
  CATTARAUGUS COUNTY IN WESTERN NEW YORK...CHAUTAUQUA COUNTY IN WESTERN NEW YORK...THIS INCLUDES THE CITIES OF...DUNKIRK...FREDONIA...
  ERIE COUNTY IN WESTERN NEW YORK...THIS INCLUDES THE CITIES OF...AMHERST...WILLIAMSVILLE...WEST SENECA...TONAWANDA...LANCASTER...LACKAWANNA...KENMORE...HAMBURG...EAST AURORA...DEPEW...CHEEKTOWAGA...BUFFALO...
  GENESEE COUNTY IN WESTERN NEW YORK...THIS INCLUDES THE CITY OF BATAVIA...
  WYOMING COUNTY IN WESTERN NEW YORK...

* UNTIL 130 AM EDT

* AS OF 735 PM BUFFALO DOPPLER RADAR INDICATED A BAND OF HEAVY LAKE EFFECT RAIN ACROSS THE AREA. THE HEAVIEST HAS BEEN ACROSS NORTHERN ERIE AND WESTERN GENESEE COUNTIES WHERE OVER 2 INCHES HAS FALLEN. IT HAS ALREADY CAUSED ROAD CLOSURES IN BUFFALO INCLUDING PART OF THE KENSINGTON EXPRESSWAY. THE BAND WILL SHIFT A LITTLE SOUTHWARD DURING THE LATE EVENING HOURS.

A FLOOD WARNING MEANS THAT FLOODING IS IMMINENT OR HAS BEEN REPORTED. STREAM RISES WILL BE SLOW AND FLASH FLOODING IS NOT EXPECTED. HOWEVER...ALL INTERESTED PARTIES SHOULD TAKE NECESSARY PRECAUTIONS IMMEDIATELY.

PRECAUTIONARY/PREPAREDNESS ACTIONS...

EXCESSIVE RUNOFF FROM HEAVY RAINFALL WILL CAUSE FLOODING OF SMALL CREEKS AND STREAMS...HIGHWAYS AND UNDERPASSES. ADDITIONALLY...COUNTRY ROADS AND FARMLANDS ALONG THE BANKS OF CREEKS...STREAMS AND OTHER LOW LYING AREAS ARE SUBJECT TO FLOODING.

DO NOT DRIVE YOUR VEHICLE INTO AREAS WHERE THE WATER COVERS THE ROADWAY. THE WATER DEPTH MAY BE TOO GREAT TO ALLOW YOUR CAR TO CROSS SAFELY. MOVE TO HIGHER GROUND.

Just heard over the scanner: Leroy fire personal to thuway accident, reported as a tractor trailor and motorcyle, mile marker 375 east bound. Hennrietta also responding.

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.

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

sold out

The National Weather Service has issued a Severe Thunderstorm Warning for Batavia. The warning is active until 2PM currently, and the storm is forecasted to arrive in Batavia at 1:50PM. A watch remains in effect until 3PM according to the NWS website.

Alert text after the jump...

Update: Not exactly a "severe" storm, it put on a mild show for about 5 minutes and then moved on.

SEVERE THUNDERSTORM WARNING
NYC029-037-281800-
/O.NEW.KBUF.SV.W.0100.090928T1723Z-090928T1800Z/

BULLETIN - EAS ACTIVATION REQUESTED
SEVERE THUNDERSTORM WARNING
NATIONAL WEATHER SERVICE BUFFALO NY
123 PM EDT MON SEP 28 2009

THE NATIONAL WEATHER SERVICE IN BUFFALO HAS ISSUED A

* SEVERE THUNDERSTORM WARNING FOR...
  NORTHEASTERN ERIE COUNTY IN WESTERN NEW YORK
  WESTERN GENESEE COUNTY IN WESTERN NEW YORK

* UNTIL 200 PM EDT

* AT 122 PM EDT...NATIONAL WEATHER SERVICE DOPPLER RADAR INDICATED A SEVERE THUNDERSTORM CAPABLE OF PRODUCING DAMAGING WINDS IN EXCESS OF 60 MPH.  THIS STORM WAS LOCATED NEAR LANCASTER...AND MOVING EAST AT 60 MPH.

* THE SEVERE THUNDERSTORM WILL BE NEAR...
  ALDEN BY 130 PM EDT...
  DARIEN BY 140 PM EDT...
  OAKFIELD BY 145 PM EDT...
  BATAVIA BY 150 PM EDT...

PRECAUTIONARY/PREPAREDNESS ACTIONS...

A SEVERE THUNDERSTORM WATCH REMAINS IN EFFECT UNTIL 300 PM EDT MONDAY AFTERNOON FOR WESTERN NEW YORK.

&&

LAT...LON 4313 7830 4314 7816 4292 7809 4287 7830 4287 7848 4282 7849 4276 7874 4293 7883
TIME...MOT...LOC 1723Z 249DEG 52KT 4288 7866

$$

ZAFF

If you’ve ever driven down Center Street, I’m sure you’ve noticed the garage next to the Smoke House painted as a “Fire Headquarters.” This garage has just recently become the newest spot for local bands to perform.

Hosted by Glass Roots next door to it, the venue's third show took place Friday night. It's open to artists of all types and Friday’s show featured three very different genres of music. 

First to perform was Greengage, a local jam band with a reggae influence. Then, the duo known as Davey O. played a set of acoustic folk rock. Lastly, Steve Ditzel, a Batavia resident, took the stage with his turntables and got the crowd moving to his electronic beats. 

The show started around 7:30, drawing a large crowd of highly diverse people and ran up until last call for drinks. There was a 50/50 raffle, too. While there's no firm schedule for future events, Glass Roots shop owner Jeremy Almeter says that there will be more shows and to stop by for more details.