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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.

A man is driving himself to the hospital after reportedly being bit in the face by a pit bull at 234 Ellicott St.  Police are responding to the scene to investigate.

The City of Batavia has just released a memo detailing the settlement agreement between the City and the firefighters union.

It will be the subject of a meeting in about 5 minutes at City Hall.

The City Council will hold a closed-door executive session before the standard public comment opportunity. This is always provided prior to council business and public comments are not allowed afterward.

Under terms of the settlement, according to City Manager Jason Molino's memo, the city would:

• Be out of the ambulance business, "a long-term losing operation."
• Eliminate 24 medic positions, saving an estimated $1.8 million in wages and benefits annually. This includes those entitled to retiree health care until age 65, a $1.5 million to $2 million annual savings.
• Avoid litigation and risk, including subsequent applications for injunctive relief, PERB hearings, etc. The case, according to Molino, could drag on for two years at a cost of at least $200,000. If the city lost, a judgment of more than $2.5 million could be imposed.
• Decrease workers comp and liability expenses by $35,000 to $45,000.
• No longer manage 23 intermunicipale ambulance agreements.
• Receive revenue from disposal of ambulances of $50,000 to $100,000.

The proposed settlement will:

• Maintain staffing at 36 firefighters, with each platoon receiving one additional firefighter (the four firefighter/paramedics previously slated for dismissal), and a significant reduction in overtime (according to Molino). The additional revenue available in next year's general fund could be $175,000 to $275,000.
• Extend the existing contract two years, expiring in March 2013, with a salary increase in each of the additional years of 2.5 percent. This is an estimated cost of $50,000 per year.
• Provide severance for the 17 medics being laid off, including 50-percent of sick leave and 30 days additional health benefits. A one-time cost of $70,000.
• Give each retained firefighter a $1,000 bonus, a cost of $36,000.

The one-time costs of the last two items above, a total of $106,000, will be paid out of the ambulance fund.

"In closing," Molino writes, "it should be noted that regardless of the City's confidence with respect to defending the City's unilateral right to eliminate the ambulance service, there is a financial risk. Should this issue progress further to litigation, it must be understood that there is always an element of risk with regard to litigation. ... Should these decisions be adverse to the City, our responsibility for reinstatement and back wages and benefits could exceed $2.5 million, in addition to having no resolution to the current issue and no alternative but to continue to provide ambulance service or negotiate the service away.

"Both parties, the City and the union, have a vested interest to not take this issue to litigation as the financial risk is high."

An application by the firefighters union to prevent the city from disbanding its ambulance service at midnight has been rejected by New York's Public Employment Relations Board.

Both the city and the union received a copy of the decision (PDF) this morning.

David P. Quinn, director of litigation for PERB, ruled that should the city lose the unfair labor practices claim filed by IAFF Local 1896, there are ways that union members can be compensated even if the ambulance unit can't be immediately reinstated.

Union President Greg Ireland was unsurprised by the decision.

"We knew that these applications in New York are rarely very successful," Ireland said. "But if she (a hearing officer at PERB hearing on the matter in Buffalo earlier this month who recommended the union apply) thought it was was worth a try, we thought it was a good idea to give it a shot."

It could also be moot.

As The Batavian first reported last week, the city and union have reached a settlement in the Taylor Law violation dispute that will result in four firefighters keeping their jobs, raises and bonuses for the 36 member department.

The City Council is scheduled to meet on the proposed settlement at 6 p.m.

City Manager Jason Molino was not immediately available for comment.

A driver involved in a three-vehicle accident Saturday night has been charged with a felony DWI and may face other charges, according to a Sheriff's Office accident report.

His name is Christopher Dycha, 40, 1321 Vanderbilt Ave., North Tonawanda. He was reportedly driving a 1997 Chevy SUV westbound on Sumner Road approaching Colby Road in Darien at 11:03 p.m. when the driver of another vehicle allegedly failed to yield the right of way from the stop sign on Colby Road.

Dycha's SUV struck the 2007 Ford SUV driven by Susan Mathewson, 56, of 835 Bennett Road, Angola. His SUV then careened into the eastbound lane striking head-on a 1994 Cadillac driven by Stephen Tortoretti, 56, of 23 Angelus Drive, Rochester.

Injured were Dycha, who suffered an injured arm, and Mathewson, who suffered a cut or cuts on her head, and Adreienne Wong, a passenger in Dycha's car, who reportedly had an internal chest injury. All three victims were taken by ground ambulance to UMMC.

Passengers in Mathewson's vehicle, Karen L. Ryerse, 43, and Brandon D. Mathewson, 26. Those passengers and Tortoretti were all reportedly uninjured.

Deputy James Diehl is lead investigator on the accident.

The threat of rain didn't dampen enthusiasm yesterday for Batavia Down's annual Wiener Dog Race.

Todd Haight, spokesman for the Downs, pegged the estimated crowd at 3,000.

The winner was Jake Arnold, owned by Jean Smart.

Mercy Flight will begin preparations at 6 p.m. to take over ground ambulance service by midnight, Tim Yaeger told WBTA today (mp3).

That's when the Batavia Fire Department shuts down its ambulance service and Mercy EMS officially becomes the lead provider in Batavia and Genesee County.

The new service will be staffed with 15 of the former Batavia EMS members and have six emergency vehicles based in Batavia.

Mercy Flight officials have assured people that they will respond to calls in Batavia, even though the City of Batavia has yet to sign a contract with Mercy Flight.

The main point of the contract is that it guarantees response times. City residents will not be without ambulance service in the absence of a contract.

The city is apparently blocked from signing a contract with Mercy Flight because of provisions in the Taylor Law that prevent governments from replacing union workers with contract workers.

The firefighters union has accused the city of an unfair labor practice, an accusation it is apparently agreed to drop in return for some concessions by the city.

City Manager Jason Molino and Union President Greg Ireland have reportedly reached an agreement that will: extend the fire union contract two years; provide a 5-percent pay raise over the additional years; retain four firefighters cross trained as paramedics; give all 36 members of the department a $1,000 bonus; and promise not to eliminate any of the 36 positions during the term of the contract.

The City Council meets at 6 p.m. today to publicly discuss, and possibly vote on, the proposed settlement.

Troy Sanford Wescott, 25, of 717 Lemoyne Ave., Syracuse, is charged with petit larceny, harassment and criminal mischief. Wescott along with Harold G. Dings, 24, of 406 John St., Syracuse,  and Lyle R. Fish, 25, of 32 Gertrude St., Syracuse, allegedly entered Wal-Mart and put on clothing and other merchandise from the store. All three then allegedly cut a jacket from the store in an attempt to conceal more items inside of it. When confronted by store security, Wescott allegedly elbowed a woman employee of the store and started running. Dings and Fish then also ran from the store without allegedly paying for the items they had with them. A short time later, the trio was apprehended in the Batavia Downs parking lot by Deputy Tim Wescott and Sgt. Greg Walker. Dings and Fish are each charged with petit larceny and criminal mischief.

Jeanna M. Hattaway, 22, of 112 Jackson St., Apt. 2, Batavia, is charged with petit larceny. Hattaway is accused of shoplifting at Tops Market, 390 W. Main St..

Jimpce J. Etienne, 33, of 30 Buell St., Batavia, charged with assault and endangering the welfare of a child. Etienne allegedly choked a woman in front of her child.

Bruce Ross, 19, of 41 Longs Lane, Corfu, is charged with criminal mischief and reckless endangerment. Ross allegedly spun the tires of his vehicle, causing stones to fly that struck another person and hit a parked car.

Larry S. Yoho, 37, of 5155 E. Main St.Road, Batavia, is charged with criminal contempt. Yoho allegedly shoved a person during a dispute, and there was an order of protection in place regarding this person. Yoho was jailed on $2,500 bail.

Attempted murder and arson charges have been filed against a Rochester man accused of starting a fire at 12 Elm St., Batavia the night of Jan. 24..

Andre L. Scott, already in jail on an unrelated charge, will be arraigned tomorrow on charges of arson in the 2nd degree, burglary in the 1st and attempted murder in the 2nd.

Scott, 30, resides at 2323 Spencerport Road, Rochester.

The case was investigated by Det. Chuck Dudek of the Batavia Police Department.

Following the fire, the Batavia Fire Department reported the event in a press release:

The first alarm came in for 12 Elm Street with report of a possible explosion and flames showing. Within three minutes, city firefighters arrived on scene and quickly extinguished a fire that was found in the side stairwell of the three-story apartment house. Four residents were alerted by smoke detectors and were safely outside the structure when the firefighters arrived.

Previously:

• Jan. 25 fire under investigation as possible arson
• Back to back house fires keep Batavia fire crews busy throughout the night

City firefighters are responding to a general fire alarm at 570 E. Main St., Batavia.

More from the OHMS Band here.

Pat Tehan sent us the links with this note:

I hope you don't mind this shameless self-promotion - I'm the piano player in The OHMS Band.  We played at Jackson Square on July 31 - the weather cooperated for once this summer and we had a good crowd because of it.  Melissa Eddings Mancuso videotaped it and made DVDs for the band - her husband, Bill Mancuso, played organ.  I posted 15 of the songs to youtube, I thought that some of your readers might enjoy it if they were there.  Some good crowd shots in the videos...  Guys in the band are Anthony DelPlato (drums, vocals), Charlie DelPlato (electric guitar, vocals), Chris Bartz (acoustic guitar, lead vocals), Joe Palmer (bass), Bill Mancuso (organ), Pat Tehan (piano)

We're always happy to promote local music.

A car fire has been reported on Route 20 east of Route 98 on the south side of the roadway.

The initial report had the car fire west of Route 98, but a first responder found the car and reported it was off the roadway in a field.

He reported it didn't appear that anybody was in the car, but did say, "If it gets up into the trees, we may have a little brush fire."

Alexander Fire Department is responding.

There's a been a request for law enforcement to respond.

UPDATE 4:23 p.m.: Alexander Fire back in service. Apparently, the driver/owner of the car is nowhere to be found.

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Batavia will receive $411,000 for improvements to Bank Street as one of many projects around the state approved for funding by Gov. David Paterson. 

Bank Street is one of several projects the city sought funding for through state-controlled federal stimulus dollars. 

The project includes a new waterline, sidewalks and roadway between Washington and North Streets.

Paterson announced yesterday that the state will hand out $34.7 million in grants that will "help expand affordable housing, revitalize New York's Main Streets, and modernize local infrastructure."

Batavia's funding comes from a federal program called Community Development Block Grants.

Paterson's office claims the spending will result in leveraging an additional $48 million in resources, but the press release does not fully explain that statement. It seems to mean some of the projects will require local matching funds or other contributions.

"These grants will make a difference in urban and rural communities across New York. Neighborhood by neighborhood, block by block, the Community Development Block Grant and New York Main Street programs will further local development so that our communities thrive," Governor Paterson said. "Improving and upgrading infrastructure, revitalizing traditional downtown business districts, and rehabilitating and renovating housing for working families will provide much-needed investment and make New York a better place to live, work and raise a family."

No word on the City's other grant requests.

(Thanks to a reader tip for bringing this to our attention.)

A man arrested for alleged assault during the Lil' Wayne concert Thursday is now also accused  possessing cocaine in jail.

David F. John, Jr., 23, of 1248 Lackawana St., Buffalo, was placed into Genesee County Jail on $1,000 bail following an alleged altercation at Darien Lake Theme Park.

During a routine search at the jail, he was found to allegedly possess cocaine.

He has been charged with promoting prison contraband in the first degree.

John was initially charged with harassment and assault.

Bail on the new charge is $5,000.

A furnace is reportedly sparking and smoking at 2622 Galloway Road, Town of Batavia.

Town of Batavia and East Pembroke fire departments are being dispatched.

UPDATE 11:40 a.m.: The resident reports the fire is out, but there is still smoke in the house. Town of Batavia returning to service; East Pembroke still responding.

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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.