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I happened across this scene this afternoon -- four of the city ambulances sitting next to the fire hall on Evans -- out of service.

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.

Four cases of rabies in animals have been confirmed in Genesee County, according to a press release just sent to local media by the County Health Department.

The four animals confirmed were a raccoon, bat, skunk and cat.

The health department encourages residents to stay away from wild animals and be suspicious of animals that are especially tame or aggressive.

And do not feed the raccoons.

Full press release after the jump:

The Genesee County Health Department advises all residents that Genesee County has had four (4) laboratory confirmed cases of rabies in animals in the past month. The animals vary in species including a raccoon, bat, skunk and cat.

The Genesee County Health Department reminds residents to avoid contact with any wild animal or stray animal, especially cats.  Be suspicious of wild animals that are unusually tame or aggressive, especially those which attack your pets.  Do not attract raccoons to your yard by feeding them.

If you see a wild animal, especially a raccoon, bat, skunk or fox, stay away; keep children and pets away or indoors, and let the animal go away on its own.

If you are bitten, scratched or have contact with an animal you believe to be rabid, immediately wash the wound.  Capture the animal, if possible, so it can be tested, taking care to prevent additional bites or damage to the animal’s head.  Contact the Genesee County Health Department at (585) 344-2580, ext. 5569 and seek medical treatment.

For more information on rabies, vaccination clinics, or to report an incident, contact the Genesee County Health Department at (585) 344-2580, ext. 5569.
 

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

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.

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.

A driver involved in a three-vehicle accident Saturday night has been charged with a felony DWI and may face other charges, according to a Sheriff's Office accident report.

His name is Christopher Dycha, 40, 1321 Vanderbilt Ave., North Tonawanda. He was reportedly driving a 1997 Chevy SUV westbound on Sumner Road approaching Colby Road in Darien at 11:03 p.m. when the driver of another vehicle allegedly failed to yield the right of way from the stop sign on Colby Road.

Dycha's SUV struck the 2007 Ford SUV driven by Susan Mathewson, 56, of 835 Bennett Road, Angola. His SUV then careened into the eastbound lane striking head-on a 1994 Cadillac driven by Stephen Tortoretti, 56, of 23 Angelus Drive, Rochester.

Injured were Dycha, who suffered an injured arm, and Mathewson, who suffered a cut or cuts on her head, and Adreienne Wong, a passenger in Dycha's car, who reportedly had an internal chest injury. All three victims were taken by ground ambulance to UMMC.

Passengers in Mathewson's vehicle, Karen L. Ryerse, 43, and Brandon D. Mathewson, 26. Those passengers and Tortoretti were all reportedly uninjured.

Deputy James Diehl is lead investigator on the accident.