Batavia (36-34) was down 7-4 going into the bottom of the 6th but was able to score four runs across the last four innings to get the 8-7 win over State College (34-26).

Both teams started scoring early; the Spikes scored three in the first and the Muckdogs followed with four.  Bases became loaded right away for Batavia after Devin Goodwin and Ryan Jackson had back-to-back singles and Alan Ahmady walked.  Matthew Adams then hit a double to center to clear the bases.  Adams was able to come home later in the inning on a sacrifice fly by Niko Vasquez.

The 4-3 lead lasted until the Spikes had a three-run inning in the 5th and scored once again in the 6th.  But, the Muckdogs answered right back.  Kyle Conley homered in the first at-bat of the 6th inning to decrease to deficit to 7-5.

The comeback continued with another run scored in the 8th as bases became loaded once again.  Ahmady walked, Conley reached on a fielder’s choice that also allowed Ahmady to move to third on an error and then Jon Edwards also reached on a walk.  Walks proved problematic for the Spikes as Luis De La Cruz was also walked after a pitching change to score Ahmady.

The Muckdogs tied the game in the 9th after Goodwin doubled and came home on a sacrifice bunt by Jackson.  Conley got the game-winning RBI on a single later in the inning to score Jackson.

Michael Blazek got the start, going three and two-thirds innings with three runs, two his, five walks and four strikeouts.  Kevin Siegrist went three innings with four runs on six hits and two walks.  LaCurtis pitched the 8th with two hits and two strikeouts and Josh Squatrito (4-1, 1.38) got the win in the 9th, allowing one hit while striking out one.

Conley finished 3-for-5 on the night with a homerun and two RBI.  Goodwin went 2-for-4 with a double and two runs scored.

Standing before Judge Bob Balbick  in handcuffs and leg chains, Andre L. Scott said he was not guilty of the charges of arson, attempted murder and burglary.

Scott, standing 6' 8" in his green state prison clothes, offered no other statement. He is accused of starting a fire Jan. 24 with the intention of killing at least one of the residents of the dwelling.

Bail in this case was set at $100,000, but he's already in state prison on a criminal weapon possession charge.

A felony hearing was set for Sept. 8 at 10 a.m. in City Court.

UPDATE 3:50 p.m.: Det. Chuck Dudek just sent out an updated press release with more details of the alleged crime.

Scott allegedly threatened the life of his recently ex-girlfriend's father prior to allegedly setting the fire. Scott allegedly started the fire by pouring gasoline on two flights of an interior stairwell and then igniting it. This stairwell is reportedly the only exit from the second- and third-floor apartments of the building. The first- and second-floor apartments were occupied at the time of the 10:20 p.m. fire. Occupants were able to escape the building through windows and were not injured. The father of Scott's ex-girlfriend lived on the second floor.

"A quick response by the City of Batavia Fire Department minimized damage and preserved evidence," Dudek wrote.

The City Centre Mall Association thinks the city is responsible for replacing the mall's roof, repairing skylights and the silo entrances.

And since the city has resisted spending money on the mall, the association is asking the courts to come to its rescue.

In a lawsuit filed last month, the association also asks that the city be required to repair an uneven concourse floor, drop ceilings and HVAC, plus award $95,000 to the merchants and add "as close as 1,1,40 parking spaces as possible" to make up for spaces lost from construction of City Hall, a restaurant and two banks.

WBTA reports:

Dr. Mitchel Chess, president of the Mall Association, said he was hesitant to comment because the associations’ lawyers received the city’s initial response to the suit this morning.

City Manager Jason Molino confirmed the city had been served with the suit. He said the city’s attorney will handle the matter in house. He said the action by the mall association "had been expected."

This is at least the third lawsuit that the mall association has filed against the city since the Genesee Country Mall opened 30 years ago.

James S. Nottingham, Sr., 29, of 511 E. Main St., Batavia, is charged with assault in the second degree, two counts of endangering the welfare of a child, harassment, aggravated DWI, aggravated unlicensed vehicle operation and unlawful possession of marijuana. James allegedly got involved in an argument with a woman and during the incident, he allegedly threw a chair that struck a 4-year-old in the face causing an injury. James also allegedly grabbed another child by the hair. James then reportedly left the scene of the incident in a car. He was subsequently stopped and arrested for alleged DWI and marijuana possession. He was jailed on $3,000 bail.

Peter C. Ayala, 44, of 44 Walnut St., Batavia, is charged with obstructing governmental administration, harassment and resisting arrest. Ayala was arrested after police responded to a reported argument between a man and a woman. He was jailed on $2,000 bail.

Mark F. Limoli, 22, of Honeoye Falls, is charged with DWI, driving with a BAC of .08 and failure to stop for a stop sign. Limoli was stopped by State Police on Sunday night at 4282 Clover St. in Darien.

USDA officials are out in the county today removing the purple Emerald Ash Borer traps set up this spring, according to a report that just came over the scanner.

The traps, as we reported in June, were designed to track whether the Emerald Ash Borer has yet appeared in Genesee County. 

New Today: Total Image - Dawn Williams, 226 Ellicott St., Batavia, N.Y.:  Dawn offers  clipper cuts for men, women and children, as well as coloring, highlights, perms and waxing. Dawn spent a number of years at Benny's before transferring to Total Image. We have a $22 gift certificate for $11.

Not new, but returning: Vintage and Vogue Inspirations, 36 Main St., Le Roy, N.Y.: Just the kind of store to help make your home more warm and inviting. Handcrafted items, including quilts, candles and quality antiques. We have a $25 gift certificate for $12.50.

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

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.

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.

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

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

sold out

No editorial comment, just a recommendation to read the article.

"If Paulson was taken aback by the ways of Washington, he was just as surprised at how the crisis in the subprime-mortgage market became, by the fall of 2008, a global economic meltdown. He told me repeatedly that he had always known that, because the country had gone eight years without a major financial shock, “the next shock we had was going to really stress the modern financial system.” He was certainly aware, and frequently mentioned, that the subprime-mortgage problem had the potential to spread. He recalled telling President Bush that “there’s a dry forest, and we don’t know what’s going to ignite the fire or set the spark,” but suspected that housing might be it. During a conversation late in his tenure, Paulson said he believed that he and Ben Bernanke, the chairman of the Federal Reserve Board, “were ahead of a lot of people in understanding how serious” the gathering economic crisis was. But, he added, “it was always bigger and more systemic even than I had for a good while anticipated it to be, or expected it to be.” At another point, he said simply, “We’ve been late on everything.”

Lie #1: President Obama wants to euthanize your grandma!!!

The truth: These accusations—of "death panels" and forced euthanasia—are, of course, flatly untrue. As an article from the Associated Press puts it: "No 'death panel' in health care bill."1 What's the real deal? Reform legislation includes a provision, supported by the AARP, to offer senior citizens access to a professional medical counselor who will provide them with information on preparing a living will and other issues facing older Americans.2

If you'd like to read the actual section of the legislation that spawned these outrageous claims (Section 1233 of H.R. 3200) for yourself, here it is. It's pretty boring stuff, which is why the accusations that it creates "death panels" is so absurd. But don't take our word for it, read it yourself.

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Lie #2: Democrats are going to outlaw private insurance and force you into a government plan!!!

The truth: With reform, choices will increase, not decrease. Obama's reform plans will create a health insurance exchange, a one-stop shopping marketplace for affordable, high-quality insurance options.3 Included in the exchange is the public health insurance option—a nationwide plan with a broad network of providers—that will operate alongside private insurance companies, injecting competition into the market to drive quality up and costs down.4 If you're happy with your coverage and doctors, you can keep them.5 But the new public plan will expand choices to millions of businesses or individuals who choose to opt into it, including many who simply can't afford health care now.

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Lie #3: President Obama wants to implement Soviet-style rationing!!!

The truth: Health care reform will expand access to high-quality health insurance, and give individuals, families, and businesses more choices for coverage. Right now, big corporations decide whether to give you coverage, what doctors you get to see, and whether a particular procedure or medicine is covered—that is rationed care. And a big part of reform is to stop that.

Health care reform will do away with some of the most nefarious aspects of this rationing: discrimination for pre-existing conditions, insurers that cancel coverage when you get sick, gender discrimination, and lifetime and yearly limits on coverage.6 And outside of that, as noted above, reform will increase insurance options, not force anyone into a rationed situation.

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Lie #4: Obama is secretly plotting to cut senior citizens' Medicare benefits!!!

The truth: Health care reform plans will not reduce Medicare benefits.7 Reform includes savings from Medicare that are unrelated to patient care—in fact, the savings comes from cutting billions of dollars in overpayments to insurance companies and eliminating waste, fraud, and abuse.8

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Lie #5: Obama's health care plan will bankrupt America!!!

The truth: We need health care reform now in order to prevent bankruptcy—to control spiraling costs that affect individuals, families, small businesses, and the American economy. Right now, we spend more than $2 trillion dollars a year on health care.9 The average family premium is projected to rise to over $22,000 in the next decade10—and each year, nearly a million people face bankruptcy because of medical expenses.11 Reform, with an affordable, high-quality public option that can spur competition, is necessary to bring down skyrocketing costs. Also, President Obama's reform plans would be fully paid for over 10 years and not add a penny to the deficit.12
Sources:
1. "No 'death panel' in health care bill," Associated Press, August 10, 2009. http://www.moveon.org/r?r=51747

2. "Stop Distorting the Truth about End of Life Care," Huffington Post, July 24, 2009. http://www.moveon.org/r?r=51730

3. "Reality Check FAQs," WhiteHouse.gov, accessed August 11, 2009. http://www.whitehouse.gov/realitycheck/faq#i1

4. "Why We Need a Public Health-Care Plan," Wall Street Journal, June 24, 2009. http://www.moveon.org/r?r=51737

5. "Obama: 'If You Like Your Doctor, You Can Keep Your Doctor,'" Wall Street Journal, 15, 2009. http://www.moveon.org/r?r=51736

6. "Reality Check FAQs," WhiteHouse.gov, accessed August 10, 2009. http://www.whitehouse.gov/realitycheck/faq#r1

7. "Obama: No reduced Medicare benefits in health care reform," CNN, July 28, 2009. http://www.moveon.org/r?r=51748

8. "Reality Check FAQs," WhiteHouse.gov, accessed August 10, 2009. http://www.whitehouse.gov/realitycheck/faq#s1

9. "Reality Check FAQs," WhiteHouse.gov, accessed August 10, 2009. http://www.whitehouse.gov/realitycheck/faq#c1

10. "Premiums Run Amok," Center for American Progress, July 24, 2009. http://www.moveon.org/r?r=51667

11. "Medical bills prompt more than 60 percent of U.S. bankruptcies," CNN, June 5, 2009. http://www.moveon.org/r?r=51735

12. "Reality Check FAQs," WhiteHouse.gov, accessed August 10, 2009. http://www.whitehouse.gov/realitycheck/faq#c1
Sources for the Five Lies:
#1: "A euthanasia mandate," The Washington Times, July 29, 2009. http://www.moveon.org/r?r=51732

#2: "It's Not An Option," Investor's Business Daily, July 15, 2009. http://www.moveon.org/r?r=51743

#3: "Rationing Health Care," The Washington Times, April 21, 2009. http://www.moveon.org/r?r=51742

#4: "60 Plus Ad Is Chock Full Of Misinformation," Media Matters for America, August 8, 2009. http://www.moveon.org/r?r=51734

#5: "Obama's 'Public' Health Plan Will Bankrupt the Nation," The National Review, May 13, 2009. http://www.moveon.org/r?r=51744

Terming it an "exit interview," Lori Ann Santini, an eleven-year veteran of the Batavia Fire Department's EMS service, told City Council members Monday night that the council had "no idea the distress the employees of the medic division went through" in the months following the decision to discontinue the service.

Santani told the council that EMS personnel felt they were not treated with the dignity and respect they deserved.

"We were never given the dignity of a human being notifying us of our impending job loss," Santini said. "We only found out through the Web. Then we spent months listening to angry words from you again through the Internet and radio. Not one of you took time out of your lives to address us. We definitely deserved that courtesy."

It was an emotional statement from Santini, punctuated by her stern attempt to hold back tears.

"As I stand here today, in front of you, there is no statement, no thank you that would be enough to compensate for how you dismissed us," Santini said. "If you want the City of Batavia to grow you, need to remember these few thoughts. You have to make it a place that people want to live and work. You have to show you that your employees are equally valued and respected."

The council's unanimous decision to accept a settlement negotiated by City Manager Jason Molino ends the fire union's unfair labor practices claims. It also and gives 36 union firefighters raises and bonuses while ensuring Santini and her EMS colleagues will no longer be part of the Batavia Fire Department. City Council President Charlie Mallow said there was no other way of handling the personnel situation.

"You’ve got to understand the laws of this state and how they revolve around union employees," Mallow said. "It’s laid down very precisely how we can do these things. It’s bit cold. That’s how the system works."

Molino echoed Mallow's remarks, saying the city followed civil-service law in how it handled relations with the EMS employees and had no other course of action.

During the press conference, Mallow praised his council colleagues and Molino for making tough decisions and sticking together.

"Change is a pretty difficult thing especially being a municipality, especially with unionized employees," Mallow said. "This city had to make a very, very tough decisions. The people on the council who made (those decisions) took one for the city, for the long-term health of the city. There is no point at which this was an enjoyable experience for the last two years.

"This was always hanging over our heads, especially during tough times when you’re letting people go. I mean, Ms. Santini, it’s pretty heart wrenching. Someone lost her job. I’m very happy that the circumstances were that they were able to retain their jobs with another company, but there is no way this wasn’t a very traumatic experience for everyone on council as well."

Many city managers, Mallow said, would have looked for an easier path, but Molino saw what needed to be done and made the right recommendation.

"Maybe it would have been easy for him to recommend another 20-percent or 30-percent tax increase," Mallow said. "To keep going with the status quo over and and over again and just wait for those post-retirement hits that keep coming, but he didn’t take the easy way."

As for the future, Mallow, who's council term ends in three months, said somebody on the City Council needs to step up, be a leader and deal with the expense, for a small city, of an all-professional fire department.

"I know there is support on the council for that (going to at least partial volunteer), Mallow said. "That's where the next council has to go. We have to be proactive. We have to lower costs, we have to right size this small little city. If the new council is not willing to step up, there will be another tax increase. But that’s me speaking. I‘ve seen the numbers. I’ve seen where we’re heading."

Both Mallow and Molino hesitated to call the settlement with the union a "win-win situation."  Both sides protected their interests and both sides gave up something.

"I think what happened here is you got both parties understanding that there is an increasing amount of risk in either direction and in order to resolve the issue, this is the conclusion that was come to," Molino said.

With Mallow adding, "You have a situation where the union leadership gave up 20 of their people. They also gave up a good percentage of their overtime. When you figure in adding back the four people, maybe half of their overtime. You have the city who gave, but the rank-and-file also gave. They gave dearly. So it’s hard to say that one side came out on top in this."

Press Conference Audio:

• Part 1
• Part 2
• Part 3

Dispatcher at midnight: "Good luck Batavia EMS. Welcome Mercy EMS."

Mercy EMS: "Genesee, Mercy EMS in service, and thank you for the welcome to the county."

The cost of burials are going up, as much as 40 percent in recent years, according to Eileen Kirkpatrick, Genesee County's social services commissioner.

Today, the Ways and Means Committee approved her request to implement a new payment schedule to cover funeral costs for indigent people.

In 2010, the basic allowance will increase from $1,556 to $1,634, and up about 5 percent in each of the next two years.

Kirkpatrick said the pay out is still less than some surrounding counties, and she certainly didn't want to see her department going the way of Niagara County, which even reimburses families who choose to buy special urns and oversized caskets.

"I don't want to get into the funeral business," Kirkpatrick said. "We expect funeral homes to bury people with dignity and compassion and we will pay for a basic rate."

Kirkpatrick said in a typical year, the county will pay for 35 to 40 burials.

The $200 back-to-school stipend for poorer families, which Gov. David Paterson announced last month, has probably been handled worse than any government program Eileen Kirkpatrick has seen.

She's the social services commissioner for Genesee County and I spoke with her after her presentation to the County's Ways and Means Committee this afternoon.

The state doesn't understand, Kirkpatrick said, the budgetary controls on counties and the need for more notice before such programs are implemented. Genesee County is fortunate compared to some other counties, in that its committee system works well, making it easier to get rapid approval of budget changes.

The state pushed out the funds to recipients without waiting for counties to get budgets properly amended, Kirkpatrick indicated.

"They didn't consult with the local commissioners," Kirkpatrick said. "They only consulted us after the fact."

Still, she's optimistic that most of the school-supply money handed out to local welfare and food-stamp recipients will be used as intended. She characterized most clients of the Department of Social Services as "working poor" who rely on government programs to help ends meet.

"Most of the people on food stamps are working and not just sitting around feeling lucky to collect benefits," Kirkpatrick said. "I'm very, very hopeful that any parents who get this money won't see it as some sort of windfall but will spend it wisely.

"Are there people who will see it as a windfall? Yes," Kirkpatrick added, "but I trust the good in people and believe most will spend it wisely."

The W&M Committee approved a resolution authorizing the budgetary change for the county, which will reflect $345,800 being received from the state for the school-supplies program, and $345,800 being spent.

The Rural Blog, which I read regulary and find pretty darn apolitical, and certainly no knee-jerk liberal/Democrat site, takes note of Ted Kennedy's career and declares him a friend of the rural poor.

As a site in a rural county, with all the discussion of Kennedy recently, I thought it worth sharing this unique perspective on Kennedy.

Mercy Flight held an open house this evening at its headquarters at the county airport.  Above is a picture of its new ground ambulance fleet. Mercy EMS takes over as primary provider for ground ambulance service in Genesee County at midnight.

Just a friendly reminder for all my fellow Batavian readers....driver's license fees and motor vehicle registration fees increase on Tuesday 9/1/09.  I believe it's like a 20% increase on each. Thanks Governor Dave, someone has to make the hard choices. Nice how it's a tax on people with cars. As if gasoline taxes, thruway tolls, surcharges on insurance weren't enough, now let's hose the constituents upstate some more. Wonderful how the governor isn't hammering the majority of NYC residents, who have no cars. I'm tired of it, and it's time for a change.

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.