Smoke detectors awoke a Bank Street family this morning, allowing the people in the lower apartment unit to escape safely from a fire that started in an improperly lined chimney, according to a Batavia Fire Department release this morning.

Upon arrival at the 2:20 a.m. alarm, Batavia firefighters entered the upper apartment and awoke the two occupants and escorted them safely from the building.

Firefighters initially responded to the call of a "house filled with smoke."

The fire caused an estimated $30,000 damage to the house and $15,000 to its contents.

No smoke detectors were present in the upper unit, which was located at 140 Bank St..

UPDATE: WBTA spoke with Captain Michael Drew (MP3) of the Batavia Fire Department. Chief Ralph Hyde also told WBTA that the chimney was designed for gas heating and the occupants tried burning wood in the fireplace.

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

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.

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years experience at helping women get the best hair color. We have a $50 gift certificate for $25.

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

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

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.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

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

A press release:

On Sept.14, the Byron-Bergen Public Library's Board of Trustees voted to put the annual Craft Fair on hold until 2010 due to the loss of our venue. The Board of Trustees understands the importance of this annual event and is fully committed to securing a new location. That process will begin early next year in anticipation of a Fall event. Please watch for additional details as they become available.

We're about to order our first batch of The Batavian T-shirts from T-Shirts Etc. I expect to visit Brian tomorrow and place the order.

We're only ordering as many as were purchased, so if you want to get one in this batch, order now.

The T-shirts are $20 each, which I realize is a bit pricey for a T-shirt, but we're putting half the money into our equipment fund so we can improve the quality of the equipment we use to bring you the news. This money won't be used for anything except buying equipment (the site is doing well enough at this point that we're making a living).

Thank you for your support.

For the better part of two years, I have watched and witnessed the current council as it sits now. I have seen certain members try to push public agendas that would help the greater good and benefit the city as a whole. I’ve also unfortunately, witnessed those pushing private agendas without any care of how detrimental the collateral damage could be. Here’s the truth as I see it.

My wife and I as we were making our departure from Europe decided to return to Batavia. We believe to this day that it is an amazing place to raise our family! We also have an amazing sense of community pride, which is just one of the reasons that I have been involved in many different organizations here. I have not done this for any kind of personal gain, except for the satisfaction that I could make a difference. You see, I was raised by the mantra: “Do something or Shut up” from two very stern parents; one Italian, one Irish. They believed, as I do now, that the only way you’re going to make it in this world, is by putting your hands to the plow and working to get it done. Well that’s why I’m running for office; plain and simple. I don’t like the way things work now. It makes no sense how we prioritize our finances and how afraid we are to change it.

Unfortunately it took a horrific budget gap for us to be willing to consider that change was needed. The council took action behind the leadership of a man, who many have called a radical, Charlie Mallow. Love him or hate him, he did the one thing that so many former and currently sitting members never did; he started the conversation.  He accepted the fact that people would hate him for saying what he felt and that some of his ideas would be smashed to the ground. Yet he said it and did as much as he could in during his time on Council. Now, this isn’t some ringing love note for Mr. Mallow, but a reality check of the past two years. Hard choices were made to right the ship, but now it’s time to fix the hull once and for all. We have to continue the conversation by continuing to move on and act on tough decisions.  

We also have to include you in on the process! That’s right, it’s time to stop just having talks in private rooms behind closed door, but to put them out to the open floor and let government work for the people of Batavia. Charlie Mallow asked me to run and take his place because; he believed I was strong enough to continue this conversation. Now it’s our turn.

You want to create jobs in Batavia? Then you have to cut the waste out off our city budget so that you can lower the cost to actually run a business in our city.  You want to improve neighborhoods? Than we have to sharpen our focus on holding these absentee “business” owners to their commitments while still protecting the personal liberties and freedoms of our citizens. You want a more open government? Then we have to get council over itself and publically print every council agenda before each meeting for every citizen that wants it! We have to put tough decisions to special votes and let us all collectively decide our fate! Most importantly, you have to vote! Speak with that voice as loud as you can.

Lastly, do you want to cut taxes? Then understand that we have to right size our service levels to do that. Notice I didn’t say eliminate! I’m not one of these extremist that buys into the “ALL OR NOTHING!” way of governing. There are practical and pragmatic ways to achieve a balance! I’m not going to sit here and promise you that I can bring about a zero tax rate in Batavia, but we should be able to roll the recent increases back. Give back the money that was ripped from our pockets just to play catch up! Achieving that though is going to take some tough decisions.

Over the next few weeks I will put out a plan to each of these points. They will be collective ideas from me and also those who I have been asking for advice and guidance along the way. You may like some, hate others. That's great! Let the conversation continue! WE CAN DO THIS! I know we can. If I didn’t believe it with my whole heart, I wouldn’t say it.  We can make Batavia better. No, even more, we can make Batavia the kind of place that every city in New York State dreams of becoming.

Why not? We can do it!

Respectfully,

Phil Ricci
Candidate, Councilman-at-Large

Sunday from 11 a.m. to 2 p.m. the Town of Batavia Volunteer Fire Department will hold an open house at its station at 8382 Lewiston Road.  Lowe's is sponsoring the event through its "Heroes Project." The retailer has paid for 150 smoke detectors, 50 CO detectors and 200 kits for kids to build wooden fire trucks as well as hot dogs, chips and soda for the event. Any county resident who shows up can get a free smoke or CO detector.

It's also a chance for area residents to see the department's equipment and learn more about what the all-volunteer department does, said organizer Joshua Finn.

"There are a lot of guys who put in a lot of our hours and have worked hard for a lot of years and we just want people to come out and see what we do," Finn said.

Safety training is also a big part of the day, which kicks off Fire Prevention Week.

"It's important to get people to start thinking about what they would do if they were in an emergency," Finn said.

Lt. Nate Fix said the department will also be doing training sessions for BOCES and the child care facilities in the department's coverage area. 

Pictured above are Jason Pfleger, John Mullen, both firefighters, Lt. Nate Fix, Chuck Hammer, admin manager for Lowe's in Batavia, Fire Department VP Joshua Finn, and Scott Maloy and Bill Leonard, firefighters.

I happened down Watson Street today and found this house and yard all decked out for Halloween. I hope this bodes well for how many trick-or-treaters we'll get in our neighborhood this year. It's been a long time since Billie and I lived in a neighborhood with a lot kids and trick-or-treaters.

City firefighters doubt this ring was a donation to the union's "Fill the Boot" campaign for MDA. It is likely a woman's wedding band with an inscription inside, which invites all kinds of speculation about whether it was lost accidentally, or not.

If you're missing a ring and want it back, you should contact the Batavia Fire Department.

An abandoned house has reportedly caught on fire at 8038 N. Pembroke Road.

Earlier today there was a report of a controlled burn. According to Dispatch, the owner of the house, who was burning brush earlier, called to say the fire had spread to the house.

East Pembroke and Alabama fire departments are being dispatched.

By Becky LeFevre

 There are many unknowns about flu season, but the Center for Disease Control estimates that flu season takes place between October and April and often peaks in January.  The bad news it, it’s October and it seems like it’s starting to “go around”. Whether it’s the flu already or just a common cold, we all need to take the necessary steps to stay well.  One of the best ways to stay healthy this season is to strengthen your immune system through a healthy diet. 

I spoke with Dr. Duane Scarborough (who has a Chiropractic and Wellness practice on Batavia-Elba Town Line Rd) about what we should be eating to help our bodies fight off sickness, or to help us recover more quickly from the colds we get.  The good new is, the foods our bodies need most are available locally and are in season.  Dr. Scarborough recommends cruciferous vegetables: broccoli, cabbage, kale, and brussels sprouts.  These veggies are high in vitamin C, contain soluble fiber, and are proven to have anti-cancer properties.  Garlic also tops the list; it fights off bacteria, viruses, and fungus.  Dr. Scarborough also mentioned that tomatoes are high in Vitamin C. A few minutes online at www.mealographer.com informed me that by eating a cup of chopped tomatoes or a whole, average sized fresh tomato I would consume approximately 30-40 percent of the recommended daily value of Vitamin C. 

For some people, eating a bowl of brussels sprouts might seems as painful as a few days in bed with the flu.  For those of you who historically hate the sprouts, please try some fresh brussels sprouts from a local farm. They are poles removed from the frozen, mushy little cabbages you were forced to eat as a kid. Sauté them up with some butter and salt and they taste great.  You can also add chopped cabbage or kale to your favorite soup or salad. Try these recipes using some of the foods Dr. Scarborough recommends, all the veggies are available at the Genesee Country Farmers Market.

Cherry Tomato Crisp
Ingredients:
· 1 1/2 pounds (about 5 cups) cherry tomatoes
· 2 slices french bread
· 1/4 cup grated Parmesan cheese
· 2 tablespoons fresh parsley leaves
· 1 tablespoon olive oil
· 1 chopped garlic clove
· Coarse salt and ground pepper
1. Preheat oven to 400 degrees. In a food processor, combine bread, Parmesan cheese, parsley leaves, olive oil, and garlic; season with coarse salt and ground pepper. Pulse until bread is very coarsely chopped, 4 to 6 times.
2. In an 8-inch square baking dish, arrange cherry tomatoes in a single layer; sprinkle with crumb mixture. Bake until crust is browned and tomatoes are tender, 20 to 25 minutes.

Roasted Garlic  (from epicurious.com)
Ingredients:
1 lg. Head of garlic
¼ c olive oil
Preheat oven to 350°F. Cut top 1/4 inch off heads of garlic to expose cloves. Place garlic in small baking dish. Add oil and sprinkle with salt and pepper; toss to coat. Turn garlic cut side up. Cover tightly with aluminum foil. Bake until garlic skins are golden brown and cloves are tender, about 55 minutes. Cool. Squeeze garlic cloves from skins.
Eat roasted garlic spread on crackers, or mix it into some homemade mashed potatoes.

Last month, I asked Chris Charvella to write a "short" essay for the Genesee Blues.

The message Chris sent was a little longer than I anticipated, but so sincere, I printed it anyway.  Chris gave me his permission to share it. 

What We Can Do
I had intended to give you a quick piece about how great my campaign is going, about how I intend to win in November and, most importantly, about what an honor it is to have been given the opportunity to get involved in local politics. I can’t do that though. It’s not because all of those things aren’t true, as a matter of fact they’re truer than I’d ever dreamed they would be, it’s because I’ve found that win or no win, there’s real work for Democrats to do in the City of Batavia and it’s about time we put our noses to the grindstone.

I’ll use as a case in point one of the less affluent neighborhoods in my district. The south end of State Street between Washington and Park is an area of Batavia long forgotten by its elected officials. It is filled with mostly black, mostly poor citizens who are distrustful of politicians and public figures and, it seems, with good reason. One of the neighborhood kids asked me if I was the social worker, a woman on her porch thought I was a cop. All of the folks there looked at me with disdain and distrust and when I told them who I was it got even worse.

’The politicians come down here every election year and make us promises,’ I was told by a woman outside her house. ‘They never do what they say they will, nothing changes.’

Her sentiment ran true throughout the neighborhood. The people who live down there have no use for politics or politicians because we have failed them. I told the woman and everyone else who lives on the south end of State Street that I would make them no promises but that I would listen to them and advocate for them. This small article is the first step in keeping my word.

We’re Democrats. Our party has done its best to take up the mantle of the poor and underserved. We have painted ourselves as a bastion for minorities and those who believe that the good of the community is just as important as the good of the individual. The people I talked to the other day aren’t asking for handouts and freebies, they want street signs that will make their kids safer; they want the occasional visit from their representatives; they want someone to stand up and take notice. We can do that folks. We can reach out to the good people that Batavia has forgotten and let them know we care about their lives.

When I walked that street I didn’t just see poor folks and houses in need of repair, I saw a real community. Kids were riding bikes and playing on the sidewalks under the watchful eye of parents and neighbors. The kids all knew who was home and who wasn’t and they weren’t shy about telling me about it when I went to knock on a door. Neighbors were sitting together outside their houses just visiting and passing time. I felt for a moment like an outsider at a family picnic.

I’ve always counted myself as lucky. I grew up well and I’ve been successful in life. I have a beautiful wife and daughter, I own my own home and whatever worries I have are relatively simple to address. It would be easy for me to forget that not everyone is as lucky as I am and I’m writing this to remind all of you that though we may be well off and comfortable, there is no excuse for ignoring those who aren’t.

I would like to issue a challenge to you today. Don’t let communities like the one I described fade away from the public eye. Let them know that we’re here. If you’re an elected official, pay them a visit. If you’re not, pay them a visit anyway. Committee members have the ear of local representatives. We can all listen and we can all advocate.

Chris Charvella

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week Pilates session (one class per week), which is a value of $56, for $28.

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.

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.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

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

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

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

Bob Bialkowski's active role in pushing forward the complaint against City Manager Jason Molino became a little clearer tonight. His participation is at the center of the current kerfuffle over breached confidence at Batavia City Hall.

Weeks ago, when Bialkowski produced a manila envelope with copies of the complaint letter, he told City Councilwoman Marianne Clattenburg that he received the complaint via email and printed it out for the complainant because that person's printer was broken, Clattenberg said.

Clattenburg said she didn't open the envelope and had no knowledge about the specific contents of the letter before handing it over to Council President Charlie Mallow.

However, the fact that this particular person filed the complaint wasn't a surprise to Clattenburg, because the person first asked Clattenburg how to handle the complaint. Clattenburg said she told the person the proper procedure was to take the complaint to the City Council President (Charlie Mallow). She indicated she was surprised when Bialkowski showed up with an envelope full of copies of the letter.

Mallow confirmed that he received the envelope from Clattenburg.

Both Mallow and Clattenburg say that the existence of the letter was revealed during the Council's next closed session, which had been called previously in order to conduct the contractually mandated performance review of the city manager. 

The council agreed to take the complaint up at its next closed session, since the council was obligated to continue with the performance review and vote on Molino's raise.

That next meeting was Sept. 14, which Bialkowski did not attend, and is central to the breach-of-confidence charge by members of the council. The council discussed the complaint against Molino and agreed that the person who made the complaint should be interviewed by the council and that Molino -- who was out of town -- should be given a chance to respond.

When the council came out of executive session, it voted 7-1 to give Molino a 2.8 percent raise. Councilman Bill Cox cast the lone no vote and after the meeting cited a "personnel" matter, which he wouldn't discuss further, as the reason for his "no" vote.

After that meeting, Mallow, Clattenburg and council members Rose Mary Christian and Kathy Briggs received phone calls from the person who filed the complaint. That person had just enough details of the closed discussion to make it clear to council members, Mallow and Clattenburg said, that somebody on the council spoke freely, either directly to the person who filed the complaint or to another party who then spoke to the complainant immediately after the meeting.

But not all of the details were right. There were also misrepresentations and exaggerations.

"I don't think the public understands," said Clattenburg, "that one of the reasons the council is so upset is that the person was feeding back a lot of misinformation about what was said and we didn't like how the council was being portrayed. This wasn't just a breach of trust. This person (the leaker) was making stuff up, saying stuff that was never said."

Mallow didn't speak directly to the complainant that night (he only received a voice mail), but after he spoke to the other council members, it was clear to him that whoever called the complainant got enough of the facts right that a council person had to be the leaker.

"It was enough of the truth to see that it was somebody who was in the room," Mallow said. "There were enough tidbits of truth, but it wasn't the whole truth. It was just twisted and it was exaggerated."

Neither Mallow nor Clattenburg could say whether the letter as produced by Bialkowski was actually signed by the person making the complaint. The Batavian's news partner WBTA asked Mallow yesterday if the letter was signed, and Mallow said he thought it was. Tonight, The Batavian pointed out that it didn't seem likely that a letter that Bialkowski provided several copies of -- all coming from his printer -- would be signed. Mallow admitted that maybe it wasn't and said City Attorney George Van Nest had his only copy and he would have to check with Van Nest.

Clattenburg also couldn't remember if it was signed and didn't have her copy available.

If the letter wasn't signed, it would call into doubt, at least partially, the veracity of the letter because it would suggest the letter wasn't reviewed by the complainant before it was presented to council.

Mallow was quick to point out that there is no doubt the complainant is a real person and that this person has a complaint he or she considers legitimate. Mallow said that based on an email exchange with the complainant, he's sure the writing styles are the same, but admitted he can't be sure the letter is entirely written by the complainant.

"We don't know that the end-result that we got was the same end-result that Bob got," Mallow said. "I don't know and I can't say for sure."

He then added, almost under his breath, "That would be really devious."

"I can't say for certain that it's the same letter, but I believe the person wanted the council to have the letter," Mallow said.

As we noted in our previous story, The Batavian has offered Bialkowski several opportunities to comment on this matter and he has yet to respond. Mr. Bialkowski has several options available to him to tell his side of the story: He can call us; he can email us a statement which we will post without editing; he can post his own post; he can make a video and post it to YouTube; or he can leave a comment on this or any other post. The Batavian is an open forum and Mr. Bialkowski has all the freedom in the world to tell his story without editorial interference. The same goes for any other council member who has additional information to share on this or any other matter.

Previously:

• Mallow: Council member who leaked document should resign
• Today's Poll: Should the council member(s) who leaked personnel information from a closed session resign?
• 'Council antics' don't pass 'smell test,' asserts Councilman Cox
• Most council members answer straightforward questions about leak of personnel information
• The power of Grand Juries in New York to investigate government actions
• Fellow council members say Bialkowski brought in complaint letter, threatened to release it

County Democrats must be happy with the job Lorie Longhany is doing as county chair -- Tuesday, the County Committee met at the Elks Club in Batavia and unanimously voted her into a new two-year term.

Joe Cassidy, with more than 30 years on the committee, was selected for a second term as vice chair. Donna Ferry won for treasure and Carrie Henning, who filled a vacancy four months ago as secretary, wins a two-year term outright.

Sixteen new committee members were seated.

In a press release from the County Democrats, Longhany says, "Party building from the grassroots is my biggest priority with choice at the ballot box being the end result. It's exciting, we are adding many energized people to our ranks, including many young people."

As an example of energized people getting involved, the party can point to: Town Board candidate, Michael Plitt from Darien, Sarah Burk-Balbi, Phil Ricci, Julie Wallace running for Batavia city council at large, Jennifer Keys running for LeRoy Town Council, and Christopher Charvella running for the 8th District county legislature seat.

"I am proud of all the Genesee County candidates, elected officials and committee people but it is especially satisfying to see so many young people with fresh ideas willing to step up and serve their communities and their Party," Longhany said.

Download: Full Press Release (pdf)

Le Roy Dispatch signed off tonight at 11:42 with, "Le Roy Base signs off. End of tour. It's all yours."

We did not hear the next call on the scanner, but Genesee County Dispatch replied to it with, "Copy LV-2 and welcome aboard."

And so begins a new era of Genesee County Dispatch handling police and fire calls for the town and village of Le Roy.

My "family" left me behind when they moved away. Some "pack" that turned out to be! And just look at what they've lost, a true-blue friend, a loyal and loving pet.

My name is Anna Marie (classy, don'tcha think?) and I'm an adult, spayed German shepard/Labrador retriever mix.

The irony about my being left behind is that I'm such a great family dog. Kids, cats, dogs, the mail lady, I like 'em all!

Not to toot my own horn, but I'm also completely housebroken and well-mannered on a leash. Bottom line: you couldn’t ask for a better companion. But don't take my word for it, come and see for yourself.

Just look at me would ya. I'm drop-dead funny. Can't help but be with splotches like these. I'm the cutest little Oreo Cookie you'll ever meet.

In fact, the volunteers here refer to me as a living example of modern art. They say my black spots were "carefully placed" on my person but I think they are pulling my leg.

I'd sure like to amuse you inside a home that I would let you share, if you let me. P.S., I'm spayed and they call me a black-and-white DSH, but I don't know what that stands for.

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.

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

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $50 gift certificate for $25.

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

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

Clor's Meat Market, 4169 W. Main Street Road, Batavia, NY: Clor's features the finest and freshest selection of meat in town, from strip steaks to a variety of sausages. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $15 gift card for $7.50.

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.

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift card for $7.50.

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

SOLD OUT

We don't know yet who leaked a complaint letter to the Daily News, but two council members say that Councilman Bob Bialkowski is the person who brought the original letter to the council.

Bialkowski also reportedly told a council member that he would divulge the contents of the letter if City Manager Jason Molino received a pay raise.

Council President Charlie Mallow and Councilwoman Kathy Briggs both confirmed that letter first came to the council through Bialkowski.

"That's highly unusual," Mallow said. "Complaints usually come through the council president or the city attorney. We treat all complaints we get equally. But that's not normal."

We've left a message for Bialkowski on his home phone. Yesterday, The Batavian left two messages for Bialkowski asking him to respond to our survey of council members. Bialkowski has not responded to our email, answered the questions or returned phone calls.

Councilman Bill Cox said he had no knowledge of Bialkowski bringing the letter to the council. He thought it came through Councilwoman Marianne Clattenburg, whom he thought had the letter two or three weeks before it was discussed in closed session.

Briggs said that prior to the vote on Molino's raise, another council member called her and said that Bialkowski was threatening to make the contents of the letter public if the council approved Molino's raise, and Briggs said, "What letter?"

She said at that point, she hadn't received the letter and referred to it as "the first letter" that went to only "select council members" from Bialkowski.

Briggs said she believes Bialkwoski brought forward two letters from the same person, and it is the second one that the council reviewed in closed session.

Mallow said he wasn't aware of a "first letter." Cox wasn't aware of there being more than one letter.

Following the closed session where the letter was discussed, four council members -- Briggs, Mallow, Rose Mary Christian and Clattenberg -- received phone calls from the letter's author discussing the substance of, in some detail, though with inaccuracies, the things individual council members said during the closed discussion.

Both Mallow and Briggs said that it's clear that a council member discussed the meeting afterwards with somebody not at the meeting, which made it possible for the letter writer to learn what was discussed behind closed doors.

Bialkowski was not at that Sept. 14 meeting, which was the same night the council voted on Molino's pay raise.

Cox voted against the pay raise, and after the meeting, first characterized his "no" vote as related to a personnel issue he would not discuss publicly. Later he issued a statement that criticized the timing of the raise.

This afternoon, in a phone conversation with The Batavian, Cox agreed that there would be nothing wrong with a council member who was present at a closed session calling a member of the council who missed the meeting and discussing what was said in executive session.

We then asked Cox if he called Bialkowski after the closed door meeting and Cox said he would rather not comment on that question.

While Bialkowski missed the vote on Molino's raise this year, he was present a year ago, June 23, 2008, and voted "yes" on that year's raise for Molino. Bialkowski has been a member of the council since Jan. 1, 2008.

Molino was on vacation the night of the council voted on his raise, which is the same night the council first discussed the complaint letter. Sources say the council delayed further discussion of the complaint until Molino could be present to reply to the charges. Before the council could meet again, the letter was leaked to the Daily News and now at least five council members are unwilling to enter into an executive session without confidence that statements made in a closed session will remain confidential.

UPDATE: Councilman Frank Ferrando just returned our call. He said it was his understanding the letter was brought forward by Bialkowski, but he never heard of Bialkowski threatening to release the letter if Molino received a raise.

Previously:

• Mallow: Council member who leaked document should resign
• Today's Poll: Should the council member(s) who leaked personnel information from a closed session resign?
• 'Council antics' don't pass 'smell test,' asserts Councilman Cox
• Most council members answer straightforward questions about leak of personnel information
• The power of Grand Juries in New York to investigate government actions

Engine 12 and Ladder Truck 15 are on scene at 15 Bank St., Batavia.

I didn't catch the original dispatch, but there have been fire alarms from this building before.

UPDATE 3:50 p.m.: Engine 12 back in station.