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When building the Upstate Medtech Center, the GCEDC should have ensured prevailing wage was paid to construction workers, according to a state Department of Labor (DOL) letter issued in November.

The letter came to light following an Authorities Budget Office report critical of GCEDC's staff compensation practices.

It was written by John D. Charles, associate attorney for the DOL, and issued in response to an unnamed person who asked that the department look into the matter. It concludes that the department's opinion was based solely on the material provided by that person and should not be relied on as a final answer.

Ask for a response to the DOL letter, GCEDC CEO Steve Hyde issued the following statement:

"While the LDC (Genesee Gateway Local Development Corp.) wholly disagrees with the Department of Labor's initial conclusions, we are actively working with them to ensure that they have all of the facts and circumstances of the Medtech project. A final determination has not been made by DOL with respect to the issues and questions raised."

Longtime local contractor Vito Gautieri is known to be concerned about how the bid for construction of the Medtech Center was awarded. It ultimately went to Batavia-based D.A. Tufts Co.

In an interview last week, when asked if the letter from Charles was addressed to him, Gautieri said, "No comment."

He then went on to complain about GCEDC forming a nonprofit corporation -- Genesee Gateway Local Development Corp. (GGLDC) -- as owner and agency developing the project. He said if that's how government agencies are going to operate on construction projects, then "we might as well pull up our shingles and move out of town."

At issue is compliance with New York's prevailing wage laws, which require employees on public works projects to be paid an hourly rate based on a prevailing wage schedule set by the state.

The DOL letter says that according to information given to the agency, the GGLDC's Medtech project does not meet the standards for waiving prevailing wage.

It says that because the project was at first initiated by a public agency (GCEDC wholly owns the GGLDC and is the project's actual owner), it is not just a temporary title holder.  In addition, it is not acting "merely as a mechanism to facilitate financing." If it were just a temporary titleholder and holding title merely to facilitate financing, according to the letter, perhaps paying prevailing wage would not be required.

There will be a public hearing at 4 p.m., Tuesday, in Batavia's Town Hall, 3833 W. Main St. Road, on a proposal to provide tax subsidies for the construction of a Holiday Inn Express on the north side of the Thruway.

The hearing is being conducted by the Genesee County Economic Development Center.

The public is invited to attend and provide feedback on the proposal.

GCEDC did not have information to release to the media today in advance of the meeting on exactly what is being proposed.

In response for a request for more information, Media and Marketing Manager Rachael Millspaugh wrote in an e-mail: "There is no additional preliminary information on the project except what was discussed at the December 2010 board meeting. We will have a project summary available at the public hearing. The GCEDC Board will be reviewing and acting on the request at this Thursday's regularly scheduled meeting."

A two-car accident with minor injuries is reported at Vine and Bank Street in the City of Batavia.

Batavia Fire Department and a Mercy ambulance are responding.

Walter Lyle Knickerbocker, 53, of South Street Road, Le Roy, is charged with petit larceny. Knickerbocker is accused of stealing road salt from the DOT salt barn on routes 19 and 20, Pavilion. The alleged theft(s) occurred on and before Jan. 19.

Aaron D. Swimline, 24, of Main Road, Corfu, is charged with a felony count of DWI, a felony count of aggravated DWI (driving with a BAC of .18 or greater), unlawful possession of marijuana, speed not reasonable nor prudent, moving from lane unsafely. Swimline was reportedly involved in a one-car accident at 12:59 a.m., Saturday in the area of 2553 Main Road, Corfu. The accident was investigated by Deputy Howard Carlson.

LaToya Tamika Vialva, 19, of Liberty Street, Batavia, is charged with trespass. Vialva is accused of being on College Village property after being banned from the property.

One person suffered a minor injury Saturday after a car pulling out of a business on Ellicott Street Road reportedly struck her car as she tried to avoid it.

William B. Heany, 74, of East Main Street, Batavia, told a Sheriff's Deputy that he didn't see the headlights of a car driven by Victoria Lee Wood, 40, of Pavilion Center Road, Pavilion, as he pulled from the parking lot of 4818 Ellicott Street Road, Batavia.

The accident occurred at 8:27 p.m.

Lee, who said her headlights were on, was transported by ambulance to UMMC.

No citations are listed on the accident report.

The accident was investigated by Deputy Patrick Reeves.

From Detective Richard Schauf:

The Batavia Police Department thanks the public for assistance in finding a 15-year-old runaway.

Nathaniel Davis was located on Thursday afternoon in the City of Batavia.

A Level 3 sex offender accused of committing similar offenses within months of his release from custody entered not guilty pleas in Genesee County Court today to the four counts against him.

Ronald A. Smith, 18, of 679 E. Main St., is charged with failure to register a change of address and three counts of sexual abuses, 1st.

Smith was allegedly living on Thorpe Street when he allegedly sexually abused at least one child. When he moved from Thorpe, he allegedly did not notify police of his correct address.

Smith is being held on $25,000 bail.

Public Defender Jerry Ader will have 45 days to prepare and make motions in the case.

Paul Douglas Marquardt, 38, of Chick Road, Darien, charged with 39 counts of criminal contempt, 2nd. Marquardt is accused of having contact with a person he was barred by court order from contacting. He was jailed on $10,000 bail.

Michael Jason Sullivan, 39, of Hosmer Road, Churchville, is charged with petit larceny. Sullivan was stopped by Gates Police, who discovered there was an active warrant for Sullivan's arrest in Genesee County. Sullivan is accused of stealing scrap metal from Demo's, Clinton Street Road, Bergen.

Matthew Roy Ace, 24, of Vine Street, Batavia, is charged with aggravated unlicensed operation, 3rd. Ace was taken into custody by Batavia Police on a bench warrant and turned over to the Sheriff's Office. Ace was jailed on $100 bail.

John Parrinello, the Monroe County attorney who was kicked out of a basketball game at Genesee Community College on Dec. 12, was back at the scene of the alleged crime Thursday night.

Parrinello who reportedly has a long history of supporting women's basketball at Monroe Community College, and who has a son who now coaches the team, was in the stands just prior to the start of a game between MCC and GCC.

A school official said until Parrinello is allowed on campus pending the outcome of the legal case that led to his arrest.

The MCC district trustee was originally charged with criminal trespass, 3rd, for allegedly refusing to leave the gym after reportedly mouthing off to a ref during an MCC game. 

The charges against Parrinello were reduced this week to a violation of trespass and two counts of disorderly conduct.

After his appearance in Batavia Town Court where he entered a not guilty plea, Parrinello said, "I'm presumed to be innocent. They have to prove me guilty beyond a reasonable doubt, which they'll never do."

For previous coverage, click here.

A plan to open a teen nightclub on East Main Street, Batavia, has hit a snag.

Tim Walton and Mike Marchese Jr., who planned to partner on Impulz Teen Nightclub, discovered through the planning process that their selection location requires a sprinkler system for the planned use.

The building is 7,350 sq. ft. and because the maximum capacity for the building is more than 100 persons, code requires a sprinkler system.

Not just any plumber can install it, said Walton. The cost could top $50,000.

"Right now we got a price and it's looking like it's gonna cost an additional $50,000," Walton said.

The partners are going to look into getting a price for a dry sprinkler system and see what the pricing and regulations would be on that.

"If the price can't drop any lower, then I would have to go back and refigure some numbers. Those numbers would have us into this well over $100,000 and I would have to be sure it would workout."

Walton and Marchese aren't ruling out opening the club, even at the original planned location at 624 E. Main St., but feel that current circumstances will make it difficult.

"If it's meant to happen it will play out." Walton said. "If not, then there will be other opportunities."

Police, Fire and Mercy EMS are on scene of a two-car accident at the corner of Main and Bank streets, downtown Batavia.

Traffic is backing up in the westbound lanes of Main Street.

A Batavia resident was arrested on a drug-trafficking warrant following a traffic stop on Washington Avenue on Tuesday by members of the Local Drug Enforcement Task Force.

He is accused of selling cocaine in and around the City of Batavia.

Charged with four felonies in a sealed indictment is Jeffery A. Hewitt, 32, of State Street.

He is accused of selling drugs to an agent of the task force.

Hewitt is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Hewitt was jailed without bail pending arraignment in Genesee County Court.

Justin Amend, who admitted to public lewdness for engaging in a sexual act in Farrall Park with Suzanne Corona, appeared in City Court this morning.

The 29-year-old former Oakfield resident had been a fugitive from justice after he failed to appear for sentencing in November. He turned himself in this week.

Upon appearing before Judge Robert Balbick this morning, Amend's attorney, Tom Williams, requested permission to apply to the Sheriff's Office for a weekend work-release program. 

Spots are limited in the program and there is no guarantee Amend will be accepted.

Balbick also said given Amend's decision to move out of the area, any prior sentencing agreement no longer applies.

"At this point he stands before me having entered a guilty plea to public lewdness, a Class B misdemeanor," Balbick told Williams. "I have complete authority to sentence him within full perimeters of the law."

Amend could face up to 90 days in jail.

Sentencing is scheduled for next Wednesday.

Ajuna Mona Pruitt, 19, of Dawnhaven Drive, Rochester, is charged with reckless endangerment and criminal trespass, 2nd. Pruitt is accused of entering a room at College Village without permission and then, while in the parking lot, striking another woman with her car. The alleged incident occurred at 6:30 p.m., Monday.

Ajuna M. Pruitt, 19, of Dawnhaven Drive, Rochester, along with Ebony S. Barnes, 18, of Chaplain Street, Rochester and Shibritney M. Colbert, 19, of Shelter Street, Rochester, are charged with harassment, 2nd. The trio are accused of going to an apartment at College Village at 10:39 p.m., Tuesday, and banging and kicking on a door in an attempt to get the resident to come out and fight.

Danielle Marie Kotmel, 30, of East Main Street, Corfu, is charged with petit larceny. Kotmel is accused of stealing a red Dell laptop computer. The alleged theft is believed to have occurred in December but was not discovered until an audit was completed in January.

Robert G. Woodhouse Jr., 50, of Creek Road, Bethany, is charged with criminal trespass, 2nd, and criminal mischief, 4th. Woodhouse is accused of entering a residence and remaining unlawfully. He's also accused of damaging a door.

Richard John Downs, 48, of Oak Orchard Road, Elba, was arrested on a probation warrant out of Town of Elba Court.

Steven Michael Keaton, 38, of Gilbert Street, Le Roy, is charged with criminal contempt, 2nd. Keaton is accused of contacting a woman whom he was ordered not to contact.

Councilman Bill Cox called the proposed 2011/12 city budget a work of art.

Council members Patti Pacino, Kathy Briggs and Frank Ferrando all congratulated the city manager and his staff for presenting a budget proposal that retains current city services and protects cash reserves at a time when pension costs are skyrocketing and sales-tax revenue is down.

The council then approved a resolution adopting a revenue plan totalling $5,578,355 with a 1.39-percent property-tax increase, down from the original proposal of a 1.59-percent increase.

The new increase is less than $12 per year for a home assessed at $80,000.

"I'm afraid if we reduced (the tax increase) it would come at the expense of our reserves," said Cox. "I think we need to continue to build our reserves and this is just a modest increase."

Councilman Bob Bialkowski also spoke in favor of protecting reserves, especially in a time when major cities and the state of New York itself are facing severe financial distress.

Members Rosemary Christian and Sam Barone said they would like to see a zero-percent increase, but Council President Marianne Clattenburg said that anybody who wants to see zero should suggest how they would reduce spending without threatening the reserves or eliminating staff or services.

"If we go to zero, what we're talking about are staff cuts and cuts in services," Clattenburg said. "We're talking about the possibility of getting rid of a police officer -- I mean, we're talking about cutting into the bones of what the infrastructure of the city is."

The proposed budget also calls for water-rate hikes that will add about $13 a year to the typical residential bill.

Before the vote on the revenue resolution, Cox called on the council to give City Manager Jason Molino a round of applause for his work on the budget, and all the council members joined in.

The city council set the public hearing on the proposed budget  for 7 p.m., Feb. 14.

In an emergency resolution, the city council voted Monday night to transfer $55,000 from its contingency fund to deal with two unexpected expenses.

City Manager Jason Molino said that for the entire winter last season, the city had only 61 days where the roads needed salt. So far this year, the city has seen 61 salt days. That has depleted the salt supply and Molino recommended the council transfer $30,000 into the snow-removal fund to buy 750 tons of salt.

Also, the roof on the city's fire hall needs repaired. And it needs to be done before all the snow melts and causes bigger problems.

It will cost the city at least $22,000 to put a protective membrane over the roof. The council transferred $25,000 to the fire department. The extra $3,000 will cover any unexpected cost overruns and replacement of some ceiling tiles inside the building.

Currently, city staff is making regular trips to the roof for snow removal in order to minimize any potential damage to the building.

The replacement membrane should last 20 years.

There was about $200,000 in the contingency fund.

Legal charges against a Monroe County attorney and school board trustee accused of causing a ruckus at a basketball tournament in Batavia were reduced by the District Attorney's Office today.

John Parrinello, an appointed member of  Monroe County Community College Board of Trustees, now faces charges of trespass as a violation and two violations of disorderly conduct.

The charges stem for an Dec. 12 incident at Genesee Community College when Parrinello allegedly hassled a referee during a college women's basketball game and then refused to leave the gym when ordered by security. He was arrested after a State Trooper arrived and Parrinello allegedly failed to follow his instructions about which exit to use as he left the gym.

The original misdemeanor charge of criminal trespass, 3rd, were dropped, but not without Parrinello making a stink about the change.

"I want to know what's happening with the criminal trespass, 3rd, charge?" Parrinello asked while standing before Justice Michael Cleveland. "That's why I was handcuffed, cutting my wrists, put in a patrol car, had my mugshot (taken) and published in all the newspapers."

Assistant District Attorney Melissa Cianfrini kept trying to explain that the charges were being amended and Perrinello repeatedly interrupted her.

Cianfrini asked for a short recess to make a phone call and Perrinello complained that he had been waiting for the case to be called for two hours and didn't want to wait any longer.

Cleveland allowed Cianfrini to make her call and she returned and explained that she would submit the new charges and ask Cleveland to drop criminal trespass charge.

Perrinello's attorney, Batavia-based Lisa Kroemer, asked that the charges be dropped without prejudice and Cianfrini objected.

Kroemer said that in order to prepare for trial and make proper motions, she and her client needed to know that the misdemeanor charge wouldn't be refiled.

Cleveland said he would drop the charge without prejudice, which means the charge can be refiled.

The reason the lesser charges were filed, Cianfrini said, is that after a review of statements, evidence and interviewing witnesses, the reduced charges were more appropriate.

Kroemer refused to answer questions after the hearing, but Parrinello spoke briefly with reporters before getting in his Cadillac and driving away.

"They knew, or should have known, that what they arrested me for was not a proper charge,” Parrinello said, adding, "I'm presumed to be innocent. They have to prove me guilty beyond a reasonable doubt, which they'll never do."

Ronald A. Smith is indicted on charges of failure to register change of address and three counts of sexual abuse, 1st. Smith is a convicted sex offender and registered at an address on Thorpe Street and on or about Oct. 31 allegedly failed to registered a change of address. Count two of the indictment accuses Smith of holding a victim less than 11 years old in his arms and subjecting the victim to sexual contact at the Thorpe Street address some time between Oct. 28 and Jan. 7. Counts three and four are similar. (Previous Report)

Jacob C. Gerevics is indicted on a charge of criminal possession of marijuana. On Oct. 19, at 446 Broadway Road, #5, Darien, Gerevics was allegedly found in possession of more than 16 ounces of "one or more preparations, compounds, mixtures or substances containing marijuana."

William A. Andrews is indicted on a charge of criminal contempt, 1st. On Dec. 9, in violation of an order of protection, Andrews is accused of stating to a protected party "I'll make you a bloody mess!" and "I'll stab you and burn you all!"

Damion Michael Frye, 35, of 3662 Route 19 South, Warsaw, is charged with resisting arrest, escape and trespass. Fry is accused of refusing to leave The Eagle Hotel after being asked to do so by security. Le Roy Police responded and officers Robert Tygart and Emily Clark reportedly approached Frye and he was reportedly given several opportunities to leave. When he allegedly refused, he was placed under arrest. Frye allegedly refused to cooperate with the officers and struggled when they tried to place him into custody. Deputies from the Sheriff's Office responded to assist. Frye was Tasered by Deputy Frank Bordonaro. There was then a short foot pursuit before Frye was taken into custody. Frye was jailed on $5,000 bail.

Kenyada R. Peterkin, 29, of 323 Saxton St., Rochester, is charged with menacing, 3rd, criminal mischief, 4th, and endangering the welfare of a child. Peterkin is accused of going to the residence of a woman whom he knows at 5:30 p.m., Friday, and damaging her personal property. He also allegedly threatened the woman there with heated cooking oil. A child present at the time.

Robert L. Williams Jr., 20, of 337 Ellicott St., Batavia, is charged with disorderly conduct and resisting arrest. Williams was allegedly involved in a disturbance in the parking lot of Days Inn, 200 Oak St., Batavia. He was reportedly advised to leave and refused, shouting obscenities. When Officers Darryl Streeter and Eric Bolles attempted to arrest Williams, he allegedly struggled with officers.

Cody Lee Niccloy, 19, of Summit Street, Le Roy, is chargd with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and speed not reasonable for conditions. Niccloy was involved in a property damage accident at 2:47 a.m., Friday, at 7982 Byron Road, Stafford. Upon investigation by Deputy Eric Seppala, Niccloy was allegedly found to be intoxicated.

A 17-year-old resident of Route 237, Byron is charged with petit larceny. She is accused of stealing an iPod Touch from the locker room at Le Roy High School.

Chantel M. Garrett, 18, of Batavia-Stafford Townline Road, is charged with harassment, 2nd. Garrett is accused of punching another student in the face while in a dorm room at College Village.

Kevin John Milbrand, 46, of South Lake Road, Pembroke, is charged with harassment, 2nd. Milbrand was allegedly involved in a fight with another Pembroke resident.

Jeannie M. Mobley, 35, of 10 Hall St., Batavia, is charged with DWAI, aggravated unlicensed operation, 2nd, and unsafe backing. Mobley is accused of backing into another at car at 5:48 p.m., Sunday, near the Clinton Street entrance of Eastown Plaza.