batavia

A man accused of assault and endangering the welfare of a child couldn't be arraigned in City Court today.

Jimpce J. Etienne, 33, of 30 Buell St., Batavia, speaks Creole and a Creole interpreter was not immediately available.

No date has been set yet for his arraignment.

Etienne allegedly choked a woman in front of her child.

A woman identified as his girlfriend was in court. She had sent a letter to the court asking that a "stay away" order be revised to require him to refrain from offensive conduct and not to drink alcohol around her or the children.

She told Judge Bob Balbick that Etienne is employed full-time and provides for their four children. In answer to a question by the judge, she said she isn't afraid of Etienne and that he never causes a problem during the weekdays when he's working. This implied problems only occur on weekends when he might drink.

Balbick also ordered an alcohol evaluation by Genesee Justice. Etienne's bail was made last night, but the judge released him on his own recognizance.

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.

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."

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.

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.

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

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

The winner was Jake Arnold, owned by Jean Smart.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Previously:

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

This past Saturday, the Sons of God Motocycle Club of Leroy  held a Chicken Barbeque Dinner fundraiser.

At the end of day, they had 100 extra  dinners. They made a call to Paul and Bridget Ohlson of Care-A-Van Ministries here in Batavia. They wanted to donate the dinners.

Paul and Bridget fired up the bus to head out to Leroy to pick up the dinners. The bus headed back to Batavia, first stopping in Stafford to bless a family there.

A quick stop was done at Aldi's to pick up this PR director, so I could join in on the blessing ride.

It was an amazing evening as we drove around the city passing the dinners out to those in need.

We thank the Sons of God for their awesome donation for the hungry here in this community. The folks were so appreciative of the dinners they received. May God Bless this organization for seeing a need and helpiing fulfull that need.

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