batavia

In a rare turn of events, a man charged with multiple felonies is being released from jail today because the District Attorney's office did not bring his case to the Grand Jury in a timely manner.

Michael L. Jackson, Jr. still faces two counts of grand larceny, a count of burglary and a count of criminal mischief stemming from an alleged break-in at Holland High Lift building in Bethany on April 11, but Judge Robert Noonan released him this afternoon from Genesee County Jail, where he was held on $25,000 bail.

The D.A.'s office had 45 days to seek an indictment from the Grand Jury, but as Asst. D.A. Will Zickl explained to Noonan, the D.A.'s office has been waiting for DNA-match results from a Monroe County criminal lab.

Zickl argued that the DNA evidence could potentially make for a stronger case to bring to the grand jury, but it also could be exculpatory and be "to the defendant's benefit."  There have been requests sent to the lab to quickly finish the tests, but to date, no results have been received.

(Presumably, there was DNA evidence collected at the scene of the alleged crime. Zickl said Jackson submitted to a mouth swab at the time of his arrest.)

There were also ongoing negotiations for a plea bargain, Zickl said, which kept open the possibility of a plea without the necessity of a Grand Jury indictment.

Defense Attorney Gary Horton said he was aware of only one plea bargain offer from the D.A.'s office, and that offer was immediately rejected by Jackson.

Horton contended that there was nothing preventing the D.A.'s office from presenting the case to the Grand Jury at any time.

"There was probable cause for an arrest," Horton said. "If that probable cause appears sufficient for an arrest, then presumably it rises to the same level of proof for a Grand Jury."

Zickl also argued that Jackson is a significant flight risk. He allegedly left the state immediately after the alleged crime was committed, but Horton countered that Jackson didn't know he was a suspect in the case at the time and that he returned to New York voluntarily.

Noonan said the issue before him wasn't about DNA, it was whether the people could have presented the case, and he saw no reason the people couldn't have proceeded.

Jackson indicated that upon release he had a place to stay in Oakfield.

Jackson is accused of damaging parts worth $1,500 and stealing items worth at least $8,000 and a pickup truck valued at $19,000.

Now I'm not really one to complain about how this city is run, because it seems to work and we all get by, but theres a problem in this city I cant ignore anymore, SKUNKS! This city is INFESTED with skunks and its rediculous! There is one animal control officer in Genesee County and I've seen it drive around only during the day. These aren't just a couple skunks that are affraid of humans, these ones have no fear of humans, just tonight I was literly charged by a skunk! I got up and ran, it stopped a little short and kept creeping towards me, I had to throw several rocks at it to get it to run off. I know of several people who have been followed by the skunks. This city smells like skunk nearly everyday! This issue will not go away on its own!

The city, and residents, need to take steps to take care of them. The city must place traps, set up a 24 hour line for people to call when skunks are spotted, and they need to be dealt with immediately! No waiting. And an important part of control are the residents. We need all take steps to help discouraged the skunks. Skunks are much like bears and in places where bears are issues there are laws in place regulating garbage. We need to never leave bags not in a container, try waiting as long as possible to put youre garbage outside. If theres opening under houses and pourches cover them up, its where they live and nest. Theses are a couple messures that can be taken, we need a joint effort and the city and residents need to take steps to control them or else theres going to be an infestation, and I dont know about yall, but Im not a huge fan of skunk smell.

Here's the verbatim testimony of Byron dairy farmer Robin Denniston-Keller given at the Senate hearing on the dairy industry held at GCC on Thursday.

It's titled "Legislative Responses to the Dairy Crisis: Reforming the Pricing Structure."

"...I am a proud American dairy farmer. My husband and I milk 100 Jersey cows and take care of another 100 young stock on our farm 10 minutes northeast of here in Byron, New York. It’s a privilege and honor to be asked to speak today.

"I’m not an economist or an expert on milk pricing, but I do feel I have common sense and a strong work ethic, which have served me well so far in life. I milk my own cows every day, and being up to my elbows in the results of lactation and excretion (generally not at the same time!) gives me a certain sense of reality!

"On our farm, our “pay price” for our milk produced in July 2009 was $13.26 per hundredweight. Put in consumer terms, $1.14 a gallon. This includes all protein and quality premiums received from Sorrento, the cheese plant we supply with pure, fresh Jersey milk. 

"Last year our July pay price was $24.23 per hundredweight, or $2.08 a gallon. I could spend my next three minutes ranting about the volatility and injustice of this, but that’s not constructive, and you can figure out on your own how I do the math to pay for our own health insurance, groceries, feed for the cows and calves, fuel for the tractors, hauling and fuel surcharge costs to send the milk to the processor, and the numerous other bills staring me in the face each month!

"Our 100-cow dairy benefits from the MILC program. We are at the perfect size to maximize our usage of the program. Our MILC government payments are currently a little more than 10% of our monthly income.

"Solutions to milk pricing issues -- please remember, as I said before, I’m not an economist or a milk pricing expert! Time heals all wounds, however, how do we stop the bleeding now?

Increase solid-non-fat fluid milk standards.

I like to call this the “No more blue skim milk” suggestion. Since 1962, California has had higher minimum standards for nonfat solids in fluid milk than the rest of the United States. Raising the United States standards to match the California standards will accomplish the following:

• Improve the nutrition benefits of milk. For example, California 2% milk has 21% more calcium than does 2% milk in other states. In addition, higher solids result in better tasting milk.
• Utilize more milk solids in consumer products and reduce the amount of nonfat dry milk produced for CCC purchase. This June, Dairy Farmers of America estimated that if the California Standards had been in effect for the rest of the U.S. during 2008, an additional 300 million pounds of milk solids would have been included in fluid milk sales. This represents more milk solids than were in all the CCC nonfat dry milk purchases through July 2009. California retail milk prices have remained competitive with, not higher than, the rest of the U.S.

Urge Agriculture Secretary Vilsack to have USDA purchase cheese for nutrition programs.

• This single action would accomplish several goals: Help to bolster milk prices and ease the current crisis faced by many dairy producers across the country; reduce outlays in dairy safety net programs (MILC payments and CCC purchases); and by donating the purchased cheese to food banks and other charitable organizations; USDA would be providing humanitarian nutrition services.

Cheese inventories are poised to be much higher than normal heading into this fall. This supply is weighing on the market and suppressing prices. A purchase of 100 million pounds of cheese would bring inventories more in line with past levels, and would bolster farm milk prices. Even a modest rise in milk prices would provide relief for dairy producers, reduce MILC expenditures, and lower CCC purchases of cheese.

Overhaul the dairy price discovery program.

I believe that our current milk-pricing structure is based on the trading of 2% of the cheese in this country on the Chicago Mercantile Exchange. This small amount of cheese determines my mailbox price. Or, in other words -- what the check I get in the mail says I will be paid for the product I’ve spent the last month getting covered in manure and other fine things to harvest!

This whole process goes against my good old common sense. Large milk processors were convicted for price manipulation as recently as 2006; clearly a more fair and broad based pricing mechanism is needed. We need a new set of tools in our milk-pricing toolbox. 

Sometimes I wonder why I am in a business where, I buy everything retail and sell my product wholesale, and the pricing mechanism is based on what I would call a “house of cards”? Way of life, being my own boss, pride of ownership, producing good food for an expanding world; they’re all good reasons. But if I’m not treated fairly, it’s time for me to wake up and find another life. I digress. Back to my suggestions.

Imports -- Charge promotion fees on imports.

United States dairymen contribute 15 cents for every hundredweight of milk we produce towards dairy promotion. I believe the new Farm Bill instructs USDA to charge importers
seven and a half cents for every hundredweight of dairy products imported. Dairy promotion basically helps create a larger market for dairy products. Importers benefit from that increased demand for dairy that our domestic producers have paid for, so it only seems fair to have importers contribute into the promotion program. 

At issue here is the fact that USDA has not implemented this fee, and it discourages me to see the lack of timeliness on legislation implemented into law. Seven and a half cents is not much, but I think charging importers this fee would decrease the amount of imported dairy products flooding our domestic market. 

I believe in fair trade, and I feel this fee charged to importers would somewhat level the playing field, and I’m encouraged that this promotion fee works for WTO reasons as well. 

Proceed with Extreme Caution before implementing Growth Management or Supply Management Programs.

While some producers and organizations are promoting growth management or supply management plans as a long-term solution to the dairy economy problems, I have some issues with these plans. Again, not an expert, and applying my common sense, I’m concerned that without solid knowledge of the impact of any such plans, I am not in favor of “jumping out of the frying pan and into the fire.”

Mandatory supply management goes against all my gut instincts, and my belief in the efficiency and productivity of the American Dairy Farmer. Last year’s high milk prices at the farm level resulted from a booming export market for American dairy products. We live in a global economy, and putting handcuffs on the American dairy industry with mandatory supply management seems to me to set us up for failure. We only have to look “across the pond” to see Europe struggling to get away from its quota system.

Finally, a sincere thank you to Senator Gillibrand and your staff for your efforts on increasing the MILC rates and indexing these payments for inflation. I am a proud American Dairy Farmer, and taking handouts does not please me, but this truly is a time of need for my fellow dairymen and me. Thank you for your efforts and your interest in the intricacies of dairy pricing. Thank you for listening to my suggestions, and I’m looking
forward to working together to resolve the dairy pricing issues we currently are facing and those in the future."

City business, which is taxpayer business, should not be conducted in secret.

Last night, the City Council met in secret session to discuss a proposed settlement in an unfair labor practices claim with the local firefighters union.

It's a great deal, as we know it so far, for the firefighters, and probably well deserved and maybe even inevitable. It's possible that the best thing for City Hall is to settle this matter and move on.

But if not for a leak to The Batavian, residents of the City of Batavia would have scant knowledge that a proposed settlement was in place, nor the details of the settlement (we're confident the details provided to The Batavian are correct, but grant that we haven't seen an official document nor received confirmation from an on-the-record source).

We can only presume, then, that the city would charge ahead with a public meeting on Monday where the council could presumably vote on the settlement.

In such a rush to vote, where is the opportunity for public input? In the minutes before the vote? That hardly provides residents a chance to fully digest the agreement, let alone provide meaningful feedback.

If the vote is going to be Monday, the details should have been released to the public last night if not today.

City Council President Charlie Mallow says releasing the details jeopardizes the city's business and that the matter is still in negotiations.

Bunk.

It's clear the negotiations were wrapped up Tuesday.

And, what jeopardizes city business -- taxpayer business -- is withholding information from citizens. In environments of secrecy, it is when mistakes are made and elected officials wind up looking foolish for voting on things without giving constituents a proper chance to provide input.

In comments on the story breaking the details of the settlement, John Roach raises a number of important questions that should be answered before a vote.

This is a big issue. Eliminating the ambulance service was supposed to save the city money, but by putting off negotiations for two more years on overtime pay, by keeping four firefighters and guaranteeing no layoffs, and promising a 5 percent pay increase, by giving away $36,000 in bonuses, we have to wonder how much of the cost savings has just been given away?

Even if the settlement must be accepted, the public has a right to get answers to these questions.

City officials will argue that the closed session was necessary because it involved litigation and contract negotiations.

But there is nothing in New York's Open Meetings Law requiring elected officials to go into closed session on such matters. It's an option, but not a requirement. Nor are elected officials, as matter of law, prevented from discussing what happens in closed session.

City Manager Jason Molino and the City Council could handle this issue in a much more transparent manner if they so choose. But apparently, they want to get this matter put in the past with as little public input and possible.

(NOTE: Friday at 1:10 p.m. and so far no public notice of Monday's meeting.  We assume that's still the plan, but the clock is ticking according to New York's laws on public notice for meetings.)

UPDATE 5:04 p.m.: The city released this announcement at 3:23 p.m.

Please be advised that Batavia City Council will hold a special business meeting on Monday, August 31, 2009 to discuss contract and collective bargaining issues.   The meeting will begin at 6:00 pm in the Council Board Room at Batavia City Centre. 

A driver reportedly told witnesses that his accelerator stuck, causing him to hit as many as seven cars in the YMCA parking lot on Bank Street this morning.

No official report from the Police Department is available at this time.

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

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.

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."

BATAVIA, NY -- About 200 people attended a formal Senate hearing this afternoon at Genesee Community College focused on a dairy industry in crisis and possible solutions.

New York Sen. Kirsten Gillibrand heard testimony from producers and processors, economists and dairy industry experts. At the end of the two-hour hearing, which started about a half hour late, she said she was taking some good ideas back to Washington to use in developing long-term fixes.

The dairy industry is hard hit by: a pricing structure that's based on only 2 percent of the industry's products: higher fuel and feed costs; trade inequities; the expense of meeting increased regulations and standards not required by international competitors; and by a swiftly fluctuating market -- stemming from changing demands, the impact of product perishibility and supply -- plus many other factors.

It's a tough business and it requires a certain youthfulness to do the heavy physical labor, 365-days-a-year, with a liklihood of losing money at the end of the year instead of making a profit.

One of the surest ways of increasing the health of the dairy industry, is to increase consumer demand for its products. Several spoke in favor of the federal government doing more to help out, such as buying more milk for school breakfast programs, stocking up food banks with cheese or buying powdered milk for women and infant nutrition programs. In other words, use more Department of Agriculture money going toward food purchases anyway to beef up dairy consumption.

To compete with a ever-increasing variety of thirst-quenching beverages, the dairy industry needs to develop new products and boost the flavor, "mouth feel," and nutrition of milk without adding fat or calories.

They also called for leveling the field when it comes to trade. Why does an American dairy farmer have to pay a 15-cent per-hundred-weight fee for marketing and promotion, when the foreign importer does not yet still enjoys the benefits?

One good way to boost oversees consumption is to sell more solid milk product, which is in great demand worldwide. But more production plants are needed. Yet a capital expansion program for Batavia has been on hold since 2005 pending USDA approvals.

Rep. Eric Massa said he'll enlist his colleagues to pressure the USDA to speed things up if Kim Pickard-Dudley drafts him a letter on why the capital expansion program is critical for Western New York. She spoke as a representative of the farmer-owned Upstate Niagara Co-op.

Robert Church advocated "market-driven solutions" and federalizing uniform industry standards, so states like California, do not have unfair advantage over Western New York's dairy industry. He's herd manager for Patterson Farms, a 980-cow operation west of Auburn.

"You said one-size-fits-all," Massa told Church. "My job is to protect New York. That's what I'm here to do."

The problems faced by New Mexico, California or Arizona dairies, compared to here, are vastly different because their circumstances are different, Massa said, about as different in fact as Mars is from Pluto.

"California cows are happy cows," so goes the marketing slogan, but Massa said here it's more like "New York cows are really angry cows."

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.

My daughter turns 17 this Saturday. She will be going to take her driving test.

Last night, I received this video on my facebook. This video is so graphic of what happens when texting while driving. I am sure many of us have been guilty of texting or talking while driving. I believe this is a wake up call to all. This is a must see for all teenagers!

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.

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."

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.