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Beating The Heat

By Robin Walters

While Care-A-Van Ministries was out  for their weekly cookout at South Main Street, the little ones enjoyed the activities. 

Kevin Lawton helps a litle one cool off

Rachel Cook, volunteer plays sidewalk chalk with this little gal

Heidi Richmond, volunteer, lays down for little one

Ian Lawton, volunteer helps little ones stay cool blowing bubbles

Paul and Bridget Ohlson refilling the cold drinks

Everyone loves the Care-A-Van Ice cream cones

Property owner hiring pest control company to look at the gull issue at Latina's

By Howard B. Owens

Tom Lewin, one of the owners of the former Latina's Market location on Ellicott Street will have a pest control company on site Monday. It will evaluate the gull problem that city residents and business owners have been complaining about for months.

"Hopefully by Tuesday, I'll have their recommendation," Lewin said.

Asked about DEC involvement -- the city was required to get a permit before dealing with the gull issue atop City Centre a couple of years ago -- Lewin said he didn't know anything about that.

"I'm not a gull expert," he said. "Are you?"

Earlier today, Lewin was quoted on the WGRZ website as saying he was cooperating with the city on the issue.

"We are working diligently and cooperatively with the City of Batavia to find a solution," Lewin reportedly said.

Reached this morning, City Manager Jason Molino said he had spoken with Lewin, but also said he would like to see some action before he would call it cooperation.

"If there’s a move over on that property, then I guess you could say that’s true," Molino said.

The city issued a condemnation notice on the building, which could provide a path for the city to take steps on its own to deal with the gull infestation; however, the County Health Board has ruled the gulls are not a public health hazard.

Lewin, principal in LKLWL Properties, has also been summoned to City Court to respond to allegations of code violations at the vacant site.

Teen readers get 'sand between their fingers' at the Richmnond Library

By Daniel Crofts

"Sand Between Your Fingers" was the third program for teens in the Richmond Memorial Library's Summer Reading Program.

They got to try their hand at sand art, mixing a variety of colored sands to make "sand pens," which they could then take home and use for writing and drawing.

The library's Teen Program is open to students entering grades six through 12. The program extends through Aug. 4, so sign up soon if you haven't done so already!

Visit the library, at 19 Ross St. in Batavia, or call 343-9550 for more details.

Photos: Experimenting with night photography at Main and Ellicott

By Howard B. Owens

Arriving back in Batavia from Geneseo at dusk, I remembered that one of the pictures I've been thinking about trying to get, is the front of Batavia Police Station at night because of the funky green lights on the front of the building. That led to a general playing around with night photography at the intersection of Main and Ellicott streets. These are the four photos from that session.

Batavia All Stars drop district championship in Geneseo

By Howard B. Owens

Batavia's Little League All Stars put up a heck of a fight in a seesaw battle that hung in the balance until the final out, but the District Championship victory still went to Geneseo, 9-8.

More pictures after the jump:

Genesee Country Farmers Market

By Daniel Crofts

Come on down to the Batavia Downs parking lot, at 8315 Park Road in Batavia, for the Genesee Country Farmers Market! It will last from 8 a.m. until 5 p.m.

Fresh, locally grown veggies, flowers and baked goods will be for sale. The market takes place every Tuesday and Friday through Oct. 29.

For more details, call Market Manager Paul Fenton at 343-9491.

Event Date and Time
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Motions denied in Pontillo's lawsuit

By Howard B. Owens

A series of motions filed by the estate of Elizabeth Pontillo seeking money and property from Sam and Paul Pontillo was dismissed by County Court Judge Robert C. Noonan on June 30.

"Nonetheless, the instant motion will be denied in its entirety for want of a clear and convincing demonstration of either a likelihood of ultimate success on the merits, the prospect of irreparable injury or a balancing of the equities in a plaintiff's favor," Noonan wrote in his decision. "Accordingly, the Plaintiff's Motion is hereby denied, and the temporary restraining order previously granted is hereby vacated."

It's unclear how this ruling impacts the lawsuit filed against the Sam and Paul by the estate.

Brian Degnan, attorney for the estate, could not be reached this afternoon, and Sam Pontillo's attorney, Reid Whiting, refused to come to the phone.

Degnan filed motions in June requesting Sam Pontillo not be allowed to remove equipment or enter the property of the Pontillo's in Le Roy, that he return all business equipment taken, and that he pay back rents, taxes and profits associated with the Le Roy location.

The estate, being administered by John Forsyth, also sought back rent from Paul Pontillo for the time he was living at 64 Vernon Ave., Batavia, the former residence of his parents, and an accounting of various items believed to be in the house at one time.

In his answer to the motion, Whiting accused Forsyth of a conflict of interest and a lack of good faith in dealing with Sam Pontillo.

In an answering affidavit, Sam Pontillo says that as accountant for the various Pontillo's businesses in Genesee County, he had access to financial information and other company secrets, "many of which he is now using in a selective manner to the detriment of defendants. As such, he has an obvious conflict of interest as a litigant."

Sam also notes, to his "amazement," John Pontillo was not sued by the estate, despite being involved in the business operations at one time.

He accuses John and Paul of mismanaging the "'goose that laid the golden egg' to the point of insolvency and desperate need for a subprime mortgage."

"He (John) was personally and highly involved in the demise of the Batavia store and its foreclosure," Sam writes.  

He accused John of removing a seven-ton HVAC unit from the Batavia location.

"John was an officer and manager of the Batavia store for a substantial time during which it failed to pay sales tax, payroll taxes and real property taxes and numerous suppliers," according to Sam.

One of the chief financial decisions that led to loss of the Batavia store, based The Batavian's previous reporting of this story, was taking out a mortgage on the property in November 2008. Sam Pontillo states that he "adamantly opposed" his mother's execution of the mortgage, "particularly at the exorbitant rate of 16 percent."

"Paul and John, not just Paul, have a lot to explain about the demise of that business," Sam writes.

As for the property Forsyth claimed belonged to the estate, Sam Pontillo provide copies of checks showing that he spent about $20,000 on the equipment, out of his own business entity, Le Roy Dough Boys, Inc.

Sam Pontillo also accuses John Forsyth of not answering his offers to buy the Le Roy Store or a proposed lease on the property.

As part of the lawsuit, the estate has sought some $50,000 in back rent from San Pontillo for the Le Roy location. The back rent is calculated at $2,500 per month. An affidavit from Daniel K. O'Shea, who says he's a lifelong resident of Le Roy, and an owner of downtown village property, says there is no property in the village worth more than $1,000 per month and the total estimated value of the Le Roy location is $100,000.

Sam states that even though he was never associated with Sam's Tomato Pies, either as employee, shareholder or director, the IRS has placed a lien on the home owned solely by his wife in Albany in an attempt to collect back taxes from the corporation.

"Plaintiffs and my brothers are lashing out at me without any factual or legal justification," Sam writes. "I suspect they are solely motivated by the base emotion of envy as a result of the position I secured with the new owners of the Batavia store

"As manager of the Batavia pizzeria, opened on April 6, 2010, I am not in competition with the Pontillo Family Partnership or the estate. I am merely earning a just living to support my wife and three sons, despite the shabby obstacles plaintiffs and my brothers have tried to place in my path."

National Night Out is Tuesday in Austin Park

By Kevin Keenan

In an effort to keep our community safe from crime and drugs, GCASA and the City of Batavia Police Department will host the sixth annual National Night Out event at Austin Park in Batavia.

The event is 5:30 to 8:30 p.m. on Tuesday, Aug. 3 with a family friendly movie shown afterward.

National Night Out is a collaborative effort to promote neighborhood spirit and police-community partnerships.

Event Date and Time
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Police Beat: Driver accused of driving under influence of drugs and alcohol

By Howard B. Owens

Joseph S. Martaus, 26, of 14 Overlook Drive, Batavia, is charged with DWI, driving under the influence of drugs, controlled substance not in original container, possession of a hypodermic instrument, disobeying pavement markings. At 6:48 p.m., Wednesday,  Batavia Police responded to a report of an individual who appeared either drunk or ill getting behind the wheel of a car. The caller provided the license plate number of the car and a vehicle description. The vehicle was located and stopped on Ellicott Street. Martaus was allegedly unable to pass a field sobriety test. An officer who is an expert in recognizing the influence of drugs responded to the scene and determined Martaus was allegedly also driving under the influence of drugs. He was jailed on $500 bail. Officers Mark Lawrence, Eric Hill and Jason Davis were involved in the arrest.

Daniel D. Reese, 55, of 97 Abbott St., Rochester, is charged with DWI, driving with a BAC of .18 or greater, and following too close. Reese was reportedly involved in a rear-end accident in the area of 210 E. Main St., Batavia, at 4:51 p.m., Wednesday. Officer Chris Camp conducted a field sobriety test and found Reese was allegedly driving drunk. Reese was booked and released on an appearance ticket.

Christopher Lawrence Bauld, 21, of Kinmont Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, no front license plate. Bauld was stopped at 8:22 p.m., Wednesday, on Route 77 in Alabama by Deputy James Diehl for allegedly having no front license plate.

Kelsey Anne Sanders, 23, of E. Main Street, Batavia, is charged with petit larceny. Sanders is accused of shoplifting from Kmart.

Louis Alfredo Mercado, 22, of Bank Street, Batavia, is charged with petit larceny. Mercado is accused of shoplifting from Kmart.

Jacob John McCowen, 26, of Oak Street, Warsaw, is charged with criminal contempt, 2nd. McCowen is accused of visiting the residence of, and calling a person in Pavilion whom he'd been ordered not to contact.

Electrical wire down on South Swan

By Howard B. Owens

A wire is reported down and arcing in the area of 229 South Swan St., Batavia.

City Fire is on scene.

National Grid has been notified.

UPDATE 8:54 a.m.: A fire captain requests that National Grid expedite its response because "we have a tree on fire here." National Grid ETA is five minutes.

UPDATE 8:59 a.m.: National Grid is heading down to Ellicott Street to cut the power.

UPDATE 9:15 a.m.: National Grid reports more than 600 customers are without power in the area around South Swan.

UPDATE 9:28 a.m.: Fire is out. Engine 12 returning to quarters. National Grid still on scene.

UPDATE 9:38 a.m.: National Grid now estimates 320 customers are without power.

UPDATE 10:21 a.m.: 113 customers now without power.

UPDATE  11:34 a.m.: Guess I should have gone out to this one for some pictures. It sounds like it was far more interesting than came across on the scanner. The tree was burned pretty good. The pavement literally melted clear through under the wire. Water evaporated as soon as it hit the spot, I'm told. The cause of the downed line? Unknown. Possibly a limb fell on it.  It was a very old line.

UPDATE: Photo submitted by Laura Mullen.


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Volunteers and Agencies Needed for Second Annual Caring for the City Day

By Robin Walters

It's not to late to sign up and be a part of the Second Annual Caring for the City Day.

Last year Care-A-Van Ministries and Dr. Russ Marchese and his staff held the first Caring for the City day. 58 folks received free dental care, 37 received free hair cuts from Continental Beauty Salon, staff from United Memorial Medical center was on hand for free blood pressure screenings and education on breast cancer, Cornell Cooperative Extension and Lake Plains joined in too with offering their free services.

Local Pastors partnered together as well to offer a prayer table.

Many volunteers were on hand to help out as well.  The date for this years Caring for the City Day will be Friday, August 20th from 8:00 AM until 4:00 PM at 401 East Main Street, back parking lot behind Dr. Marchese's office.

While Dr. Russ and his staff are busy offering the free dental service inside, we are hoping that more agencies, churches and volunteers will be on hand out in the parking lot offering their services. 

This is a wonderful opportunity to come together to be a blessing to others and to help educate the community of the services you offer.

If you or your agency or church are interested in being a part of this awesome day, please call Paul Ohlson at 343-0328 by this Friday, July 16th.

Photo Essay: An alleged DWI arrest

By Howard B. Owens

After this afternoon's minor accident on East Main Street, I was tipped to stick around  -- there might be a field sobriety test about to take place. So I did.

The test was administered by Officer Chris Camp. The name of the subject is not yet available.

It begins, above, with a pat search of the subject. ...

Instruction, walk a straight line touching ...

... heel-to-toe ...

More pictures after the jump:

walk heel-to-toe ...

... and turn around (just after this shot, the subject literally threw up his hands and stopped the test) ...

Stand with your arms to your side holding up one leg (Officer Camp is now joined by Officer Eric Hill and rookie Mark Lawrence) ...

The eye test, or officially known as the horizontal gaze nystagmus ...

... cuffed ...

Rotarians pledge $25,000 to GCC foundation over next five years

By Billie Owens

The Batavia Rotary Club has pledged $25,000 to the Genesee Community College Foundation over the next five years. The club's gift will be matched by the federal government.

The Endowment Challenge Fund of the U.S. Department of Education recently awarded the college a matching grant for its endowment fund -- up to $80,000 per year for the next five years. The money helps support, retain and aid deserving student facing financial hardships.

"As a long-time Rotarian and college employee, I was delighted the Rotary recognized the benefit of doubling the scholarship fund under the Endowment Challenge grant," said Ray Chaya, a long-term member of the Batavia Rotary and a former president.

Chaya has also been a member of the college's staff for more than 30 years.

"Year in and year out, we see how scholarships change students' lives – empowering them to become productive members of our community," Chaya said. "It is a win-win for everyone."

The Genesee Community College Foundation was formed in the mid-eighties as a not-for-profit organization dedicated to providing service to and support of the college. Its 34-member board of directors is comprised of business and civic leaders. Last year, the foundation's philanthropic support provided 536 scholarships to Genesee students totaling $284,184.

Additional contributions to support for the foundation may be sent to the Genesee Community College Foundation, One College Road, Batavia, NY, 14020. For more information contact the foundation at 345-6809 or <http://foundation@genesee.edu>.

Fender-bender in front of City Church

By Billie Owens

A fender-bender with minor injuries is reported in front of City Church on Main Street in Downtown Batavia.

The roadway was blocked temporarily. City fire responded and an ambulance, non-emergency response.

UPDATE 5:09 p.m. (by Howard): It was a minor accident, but there was an arrest following it. I'll post pictures in a separate post shortly.

Cargill Animal Nutrition raises nearly $78,000 for United Way

By Billie Owens

Cargill Animal Nutrition and its employees in the Northeast Region helped to contribute more than $77,000 to United Way chapters in communities throughout New York and Vermont last year.

To be exact, employee donations and corporate matches raised $77,856.

Local United Way donations came from employees at Cargill facilities in Albany, Batavia, Gouverneur, Jamestown, Liverpool and Salem, NY; plus and Swanton, VT.
 
United Way works across the United States and in 45 countries worldwide on programs that support youth education, workforce training, increased access to health care, and more.

Cargill Animal Nutrition, Northeast Region employs 341 people at 14 facilities in New York and Vermont and surrounding areas.

Last year, Cargill Northeast Region gave a total of $105,381 in donations, from high school scholarship programs to contributions to nonprofit organizations.

Get ready to 'blast off' to a galaxy of Bible school fun Aug. 9-13

By Daniel Crofts

The following news release was submitted, along with the photo, by Roula Alkhouri, pastor of the First Presbyterian Church, at 300 E. Main St. in Batavia:

"The Galatic Blast Mission Control Center of Vacation Bible School at First Presbyterian Church in Batavia is inviting children between the ages of 5 and 11 to board the Starship Galactic Praise on Aug. 9 for an exciting voyage to Galactic Blast: A Cosmic Adventure Praising God.

"After a high-energy opening on the Starship Galactic Praise, the cadets will spacewalk to the Good News Galaxy. The Cadets will also take spacewalks to the Moons and Tunes Asteroid, the Orbital Observatory, the Rocket Rec Comet, and the Astro Café.

"Starship Galatic Praise will begin its voyage at 9 a.m. on Aug. 9 and return daily at noon. The last day of the voyage will be Aug. 13. Parents are invited to attend the closing voyage Friday, Aug. 13.

"This camp experience is open to the public and free of charge. To register, please go to www.firstpresbny.com or call us at 343-0505."

2010 Appeal for Catholic Charities Raises 97.8 Percent of Goal

By Kevin Manne

Catholic Charities officials have announced that the 2010 Appeal in support of Catholic Charities and the Bishop’s Fund for the Faith achieved 97.8 percent of its goal with a total of $10,272,946.38 collected in cash and pledges. The goal was $10.5 million.

In Genesee County alone, a total of $313,641.11 was raised.

Most Rev. Edward U. Kmiec, bishop of the Diocese of Buffalo, thanked the hundreds of volunteers and thousands of donors who contributed to the effort.

“To the 750 volunteers and the 64,527 donors across the eight counties of Western New York who have selflessly given of themselves since January to support their neighbors in need – thank you,” said Bishop Kmiec. “With your help we are able to continue to provide for children, youth, adults and seniors wherever they live and whenever they are in need.”

The 2010 Appeal has raised an additional $2,177,512.91 since Palm Sunday, March 28.

Catholic Charities Diocesan Director Sister Mary McCarrick expressed her appreciation to all whose lives are touched by the works of Catholic Charities.

“Though the national economy appears to be on an upswing, thousands across Western New York continue to struggle with unemployment,” said Sister Mary. “We greatly appreciate our leadership team, donors, volunteers, clergy and their parish teams, as well as our own staff, all of whom recognize the positive impact Catholic Charities has and the stability it brings to households right in our community.”

Michael “Mick” Whipple, 2010 Appeal chair, expressed his thanks to his fellow Appeal leadership team members.

“For the past several Appeals, the leadership team has been tasked with soliciting contributions and donations during some of the most challenging economic times that our country has been faced with,” said Whipple. “I’m confident that this Appeal wouldn’t have been as successful as it has been if it weren’t for my teammates. The Appeal Leadership Team has volunteered countless hours away from home and worked hard until the very end to ensure that Catholic Charities can continue to meet its mission of service to those in need.”

The 2010 Appeal leadership team also included Williamsville residents Greg Maher, vice chair, and David Nasca, Corporate chair; as well as Snyder resident Stephen Ulrich, Parish and Large Gifts chair, and Buffalo resident Ann Celani, Community chair.

For people in need across Western New York, Catholic Charities is there with assistance for basic needs of food, clothing, and shelter; with counseling and support for victims of domestic violence; and with comfort for those who are lonely. Funds raised through the Appeal allow Catholic Charities to leverage government funding, ensuring the organization’s ability to provide help to those in need.

Donations are collected toward each Appeal through June 30. The goal for the 2010 Appeal of $10.5 million represented a slight increase over the total dollars pledged in 2009. The Appeal was under the patronage of Saint Damien.

Catholic Charities is the most comprehensive human service provider serving all of Western New York, with 70 programs at 62 locations. Founded in 1923, Catholic Charities also provides, without regard to religious affiliation, comprehensive counseling services for children and families, anti-domestic violence programming and emergency services, among other social and mental health services. For more information visit ccwny.org.

City firefighters dress in pink to help fight cancer

By Howard B. Owens

You may seen firefighters around town in pink T-shirts over the next week or so. It's not the new team color. After the wife of a firefighter was diagnosed with breast cancer, the entire department agreed to start wearing pink T-shirts as a sign of support. It's also turned into a fundraiser.

Members of the department will be at Thursday's Batavia Muckdog's game selling pink T-shirts with the Batavia City Fire Department logo on the front for $10 each. The proceeds will benefit Genesee Caner Assistance.

Pictured from left are, Rich Stefani, Mike Morris, Jeff Stevens, Bill Hilchey and Frank D'Angelo.

Photos: Lacrosse clinic aimed at developing more local talent

By Howard B. Owens

More than two dozen second- through sixth-graders are participating in a five-week long lacrosse clinic at John Kennedy School under the guidance of Joe Husser, a program assistant for lacrosse at Batavia High School.

Husser explained that while many schools in the Rochester area start developing players as young as 5, Batavia players have traditionally not started learning the game until middle school.

Lacrosse was invented by Native Americans and has huge regional appeal in some parts of the country, such as Upstate New York, but has yet to gain a national following.  Interestingly, the Iroquois are being barred by the United States from playing in the world championships in London because for the first time the State Department isn't recognizing the Iroquois passport.

More pictures after the jump:

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