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Massena firefighters say it's business as usual despite legal threat

Posted 2/26/23

BY JEFF CHUDZINSKI North Country This Week MASSENA — Despite recently receiving a notice of claim from veterinarian Wilfredo Perez, it’s business as usual for the Massena Volunteer Fire …

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Massena firefighters say it's business as usual despite legal threat

Posted

BY JEFF CHUDZINSKI

North Country This Week

MASSENA — Despite recently receiving a notice of claim from veterinarian Wilfredo Perez, it’s business as usual for the Massena Volunteer Fire Department.

Massena Volunteer Fire Chief Pat O’Brien recently told North Country This Week the department remains in great shape despite the ongoing situation.

“We just want to assure folks it is business as usual for us. We’re going to continue to respond to every situation, we will continue to train and we will continue to serve our community.

O’Brien said training is an ongoing process for volunteer and career staff, as well.

“We opted to do some extra training because we have younger volunteers who may not have much experience with chainsaws, especially as it relates to our job as firefighters, so we reached out to the forest rangers to assist us with getting them up to speed,” O’Brien said.

Much is the same for the Louisville Volunteer Fire Department as well, who recently posted on their Facebook page that it is business as usual for the department. 
“Louisville Volunteer Fire Department would like to thank the community for the support and encouragement we have received. Your 100% volunteer fire department will continue to respond to all emergencies we are called upon in the town of Louisville and the surrounding communities as we always have. If you need assistance don’t hesitate to contact us,” the post read. 

Attempts to contact the department were unsuccessful. 

Massena FD Foreman Aaron Hardy, who serves as a professional firefighter and code enforcement officer, praised the work being done by both professional and volunteer staff, along with the unity among the department.

“These guys have had some very tough situations in recent weeks, some very hard scenes to work and I have to say that everyone keeps showing up with a smile on their faces. They all come to do the job, day in and day out,” Hardy said.

According to Hardy, this is the best relationship between volunteer and career staff that he’s seen in his time with Massena.

“Everyone gets along great, the communication has been awesome and it’s just one big team. We’re all supporting each other and working together to help the community the best we can,” Hardy said.

Town of Massena officials said they had no comment on the potential lawsuit.

It is unclear at this time if Perez will file a lawsuit against the Louisville and Massena Fire Departments, as well as the Towns of Louisville and Massena.  But the claim he filed gives him the ability to do so.

Perez is being represented by Jorge Marquez and John Keenan of the Warren Law Group, based in New York City.

The notice was filed against  Louisville and Massena fire departments, along with the towns of Louisville and Massena for $4.5 million by Dr. Wilfredo Perez, owner of the Java Veterinary Center.

Also put on notice were the Akwesasne, Potsdam, Madrid, West Stockholm, Norfolk, Brasher-Winthrop, and Waddington fire departments.

The Java Veterinary Center, located on Route 56 just outside of Massena, was declared a total loss following a fire on Oct. 28. The fire, initially reported just after 3 a.m., was put out before rekindling around noon. The fire rekindled again a few hours later, leading to a total loss, according to officials at the time.

In court documents obtained by North Country This Week, the claims against the towns and fire departments “are for negligence and other related causes of action in light of the fact that the firefighters who responded, and the way they responded to the fire, created a special relationship with Dr. Perez such that liability attaches.”

Responding departments for the initial call included Massena, Louisville, Akwesasne, Potsdam, Madrid, West Stockholm, Norfolk, Brasher-Winthrop and Waddington.

When the fire rekindled, Massena Louisville, Norfolk, Brasher-Winthrop, Madrid and Waddington responded, with Massena Volunteer Fire responding with an aerial truck as well, documents state.

Court documents attempt to bring into question why area fire departments that responded initially to the fire had removed their personnel and resources from the scene prior to the first rekindle around noon that day.

Documents also state, “upon information and belief, only the Louisville Fire Department responded to the second rekindling that occurred on Saturday, October 29, 2022. Thus, the aforementioned fire departments may bear some or all responsibility for the loss suffered by Dr. Perez.”

No injuries were reported but at least two dogs were lost in the fire.

Java Veterinary Center also offered boarding services for North Country Residents.

In an exhibit attached to the court documents, Assistant Chief Patrick O’Brien of the Massena Volunteer Fire Department wrote a letter addressed to Dr. Perez, explaining the “Chief of Louisville Fire will make the final determination as to cause of the fire utilizing the investigative reports provided to him by the fire investigators from the St. Lawrence County Fire Investigation Team as well as the New York State Office of Fire Prevention and Control,” per New York State General Municipal Law §204-D.

According to the letter, the clinic was within the Louisville Fire District, leading other departments to act in support of Louisville.

“The mutual aid departments responding to assist Louisville Fire are not involved in the cause and origin determination or subsequent fire investigation,” O’Brien wrote.

The GoFundMe, established by Perez shortly after the fire, has since ceased accepting donations after experiencing severe backlash online. 

A benefit dinner was also held on Nov. 13 at Eyland’s restaurant in Massena, with many local businesses and local residents participating. Seven different dishes were served, along with baskets and prizes for raffles. Donated items included a 55” TV, Adirondack chair set with a firepit, a “basket of cheer”, lotto ticket tree, doggie baskets and a 50/50 raffle.

On Dec. 3 the Moose Lodge hosted a Skillo Bingo fundraiser, which also included surprise raffles and 50/50 tickets.

Local musician Tracer James hosted a lap steel Christmas concert on Dec. 9, selling tickets for $10 each to benefit the rebuilding efforts of the Java Veterinary Center.

It is unclear if any of the funds obtained by Perez were used in the pending legal case. 

Perez posted to his GoFundMe on Jan. 28, updating the community on progress being made on a new structure being built just behind the original Java clinic

“Construction began in November 2022 just weeks after the fire. Your generous donations have helped cover 1/5th of the total cost which is approximately $300,000. Loans and earnings generated from our clinic operations in its temporary location have helped cover the remainder of the costs. We are forever grateful to the community for its continued support and will continue to give back with affordable services and loving care for our fur babies,” the post reads.