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Has the city and the firefighters union done the right thing in striking a settlement deal?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Greg Ireland, fire union president, and Batavia City Manager Jason Molino have cut a deal after a marathon negotiation session Tuesday that will save some Fire Department jobs and put more money in the pockets of firefighters.

In exchange for several concessions by the city, the firefighters' union has agreed to drop its unfair labor practices claim against the city.

The Batavian has confirmed with two sources that the city has agreed to retain four positions that were slated for termination Monday, and to extend the current union contract -- originally ending in 2011 -- by two years, provide a 5-percent pay raise over the next two years and pay each member of the department a $1,000 bonus.

Additionally, the Sept. 1 staffing of 36 paid personnel will be retained throughout the term of the contract and not be reduced by either layoff or attrition.

Neither Molino nor Ireland would comment on specifics of the agreement (Molino spoke with WBTA this afternoon and would not confirm the settlement).

The City Council is meeting in closed session at this hour to hear for the first time details of the proposed settlement.  When reached this afternoon, City Council President Charlie Mallow said he had no insights into the agreement.

Both the union and the council would need to approve the settlement.

The need for a settlement arises from the city's decision to eliminate the city ambulance service. The union maintained that the decision to eliminate the union jobs and inevitably replace them with contract workers violated the Taylor Law.  The union filed its claim immediately after a county task force announced Mercy Flight as the preferred contractor for ground ambulance service in the county starting Sept. 1.

"The best solution for everyone involved, every one involved, including the city, the fire department and the community is to have a settlement in place before Sept. 1," said Ireland in a phone interview this evening.

Some people think Mercy Flight won't respond to calls in the city unless the city signs a contract with Mercy Flight, but Mercy Flight will be based in the city and Mercy Flight executives have said the ground ambulance service will respond to any calls sent to it by Genesee County dispatchers. But with a settlement, the city can sign a contract with Mercy Flight that will guarantee response times.

Ireland said the main reason to reach a settlement before Sept. 1 is just to ensure everybody can work together well.

"As we move forward, if there is a different ambulance service, then we need to continue to work with them as well because we're going to be on scenes together," Ireland said. "We need to be able to work amicably with everyone."

Many of the Mercy Flight employees will be former members of the city ambulance service. Fifteen city employees were hired by the Buffalo-based non-profit organization.

Under terms of the settlement, the EMS members who had their jobs eliminated will retain their unused vacation and comp time, holiday pay and earned longevity. Those stipulations appear to be items the laid-off workers would have received anyway. They will also get half of their sick time and one-month additional health care coverage.

AUDIO: Interview with Greg Ireland

UPDATE 7:50 p.m.: Council members came out of their closed session smiling and laughing but wouldn't comment on the settlement proposal. When asked what he thought of the settlement or if council would support it, a jovial Frank Ferrando said both times, "We'll have more for you on Monday."

Mallow said the council will meet in public session Monday, but stopped short of saying there would be a vote that night.

Molino only said "no comment."

Marcos Juan Gomez had a chance to turn his life around fairly quickly, but as he admitted to Judge Robert Noonan this morning, "I blew that up."

Gomez pled guilty in early May to robbery and Judge Noonan agreed to consider a lesser prison term if Gomez successfully completed a drug rehab program at a clinic in Rochester.

Outside the courthouse, Attorney Fred Rarik could only shake his head at the chance Gomez traded away for a maximum seven-year prison term imposed by Noonan this morning.

"I've seen Judge Noonan tell people 'I really didn't expect you to follow my orders' and reward them," said Attorney Fred Rarik outside the courtroom.

Gomez was back in court for sentencing on his robbery conviction because he reportedly left the rehab clinic before completing treatment and stealing something in order to get some money to buy heroin.

Rarik argued that Gomez deserved a chance to kick his addition.

"I've seen people struggle with addiction and fail many times before success," Rarik told Noonan. "I ask that you limit his incarceration to sufficient time for him to get treatment. I ask for three years."

But Gomez didn't just steal some DVDs to buy drugs from Target back in April, Noonan said. Gomez committed a violent felony, pulling out a large knife on a loss prevention officer.

"I see drug addicts day after day," Noonan said. "I spend a lot of time trying to figure out how to protect the community and at the same time help people deal with their addictions ... you committed a violent act because of your addition, so it is my responsibility, and I feel very comfortable with that responsibility, to separate you from society as long as possible."

Gomez expressed remorse for his crimes and his addiction.

"I've never been the type of person who would hurt somebody and I guess the drugs really got to me," Gomez said.

George Michael Thompson, 32, of 310 Wilson Drive, Milton, Ontario, Canada, is charged with criminal mischief and endangering the welfare of a child. Thompson allegedly got in a argument with a woman at Darien Lake Theme Park and proceeded to cause at least $250 damage to a camping trailer owned by the facility.  A 12-year-old child was present during the incident.

A 17-year-old from Albion is charged with petit larceny for allegedly stealing $53 worth of merchandise from K-Mart.

Wendy M. Cilnyk, 25, of 9 Liberty Ave., Lancaster, is charged with DWI, refusal to take breath test and moving from lane unsafely. Cilnyk was stopped by officer Chris Camp on Pearl Street after police received several calls about an erratic driver.

Jane Amanda Richardson, 24, of 788 Route 33, Corfu, is charged with falsifying business records and petit larceny. Richardson allegedly falsified business records at the Elba Yellow Goose store. The case was investigated by Deputy Brian Thompson.

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

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

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

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

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

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

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

SOLD OUT

Burnt food on the stove has set off a fire alarm of Hickory Hall of the College Village near GCC.

Town of Batavia fire units are responding.

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

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

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

Deputy Timothy Wescott investigated the accident.

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

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

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

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

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

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

 

SOLD OUT

 

Scott and Lynn Garlock and Rachel Bradt opened their new deli, Kravings, in the Valu Plaza on West Main Street in Batavia this week.  The Garlock's previously owned and operated Grugnale's Italian Market & Deli on Jackson Street.

Some wiseacre sent along this picture captured from the Marchese Computer shop web cam with the remark, "no body's laid down yet."

How would you characterize Ted Kennedy's legacy? NOTE: I will delete any comments that in my sole judgment are mean spirited. I realize Ted Kennedy is a controversial figure, but at the time of his death, no matter what you thought of the man, it is not proper to be clearly distasteful in your comments. That's not to say he or his policies are not open to criticism, just be respectful.

Michael C. Buzzell, 31, 26 Main St., Oakfield, is started with stalking and menacing following an incident outside the County Courthouse yesterday afternoon. Buzzell allegedly threatened another person in the parking lot of the court facility around 12:15 p.m. He and the other person were apparently appearing in court yesterday on the same matter. The alleged victim reports being threatened repeatedly by Buzzell. Buzzell was taken into custody at 4:42 p.m.

Lynn Desiree Bettilyon, 21, of 749 Washington St., Spencerport, is charged with attempt to evade or defeat tax and possession of untaxed cigarettes. Bettilyon was stopped for allegedly speeding in the Town of Alabama. She was allegedly traveling at 51 mph in a 40 mph zone. Deputy Tim Wescott investigated and allegedly found her in possession of 400 untaxed cigarettes. Bettilyon was also issued citations for unlicensed driving and driving left of pavement marking.

We received an e-mail reporting a working fire on Batavia-Elba Townline Road between State Street and Norton Road at 4:14 a.m.

Later, we received this picture from a volunteer at the scene.  I'll post more information about the fire as soon as I get it.

UPDATE 8:58 a.m.: The wife of a firefighter e-mailed this to us:

An Abandoned house was on fire in Elba this morning around 3:30am on  Batavia-Elba townline rd! They put it out around 5am! My husband just came  home from it and said they were waiting for someone to come knock it down to  the ground! Elba Oakfield S.Byron and town of batavia fire dept were called  and Barre was on stand by in Elbas hall.

UPDATE 9:12 a.m.: From a report filed by the Sheriff's Office:

The fire was reported at 3:17 a.m. at 4681 Batavia-Elba Townline Road, Elba. The house was vacant and owned by Ron Green, of 4975 Batavia-Elba Townline Road, Elba. The fire originated on the first floor or basement on the northeast corner.  The house was a total loss and uninsured. The cause is unknown.  Fire departments responding: Elba, Town of Batavia, Oakfield, South Byron, Byron, Albabam and Albion.

UPDATE 9:32 a.m.: Just spoke with Tim Yaeger, emergency management coordinator for Genesee County. He said the cause remains under investigation, but that the house still had electricity and water running to it, so investigators will probably be looking most closely at the possibility that it was an electrical fire.  There is nothing suspicious about the fire at this time, he said. The house is still smoldering, but it was burnt completely to the ground.  He said it's believed the house had been in an abandoned state for two months.

NOTE: We received this video this morning, but for some reason, it took YouTube a long time to process it. It's from a cellphone camera, presumably from a volunteer firefighter.

Judging from the pictures Ken Mislter posted to the Facebook page for Next Level Fitness, he and his workers are making good progress toward getting his downtown gym opened.  Mistler posted 15 new pictures showing the finishing touches being put into place.  No word on when he expects to open.