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One of the bidders who won a residence in the city's tax lien auction appeared at Monday's city council meeting and accused the city of violating the terms of the purchase contract.

Daniel Lang's father is actually listed as the winning bidder on 20 Franklin St., but Lang said he was planning to pay for the house and move in with his family.

However, he said, the city failed to honor its purchase contract with him by not closing the deal within 30 days of the Jan. 29 auction.

"We want to pull out of the contract and have our $10,000 deposit refunded," Lang said. "The contract is no longer valid."

City Attorney George Van Nest demurred.

It would be inaccurate, Van Nest said, to say the contract was no longer valid or that the 30 day period had been violated because the purchase cannot be approved until the council has a chance to meet and review the purchase.

"This is the next opportunity for the council to act on real property sales," Van Nest said. "To the extent that the council does move forward, the purchase can be finalized."

The winning bid was $36,000.

As Van Nest spoke, Lang and his father were nearly coming out of their chairs wanting to speak again, but under meeting rules, their time to speak was over.

The contract reads:

TERMS OF THE AUCTION: The property is sold subject to confirmation and approval by the City Council of the City of Batavia within thirty days (30) days hereof.

After a closed session to discuss the real estate transaction, the council voted to approve the sale.

After the meeting Lang, who moved back to Batavia recently from South Carolina, said he and his wife, along with their children, have been living with his parents.  With the sale now approved, he said he doesn't know what he's going to do, whether to insist the contract was voided by the lack of action for 30 days, or just accept the approved sale.

He said he and his wife just want to get into their own house as soon as possible.

"We just want to get back to being a normal family again," Lang said.

In all, the council approved the auction purchase of four properties, including 507 Ellicott St., which was won by a company owned by Jeremy Yasses.

Council members Sam Barone and Bob Bialkowski objected to the sale of the property to Yasses, but a motion by Bialkowski to consider the property separately from the other purchases was defeated on a 7-2 vote.

Diana Page was approved to purchase 308 Washington Ave. for $1,800 as well as 48 Riverview Parkway for $100. Tom Englerth was approved for purchase of 21 South Lyon St.

In the city report on past landowner code violations, Englerth was allegedly cited for putting on a roof without a permit. He did eventually get a permit, according to the report.

That alleged violation came on 9 Willow Ave., the same property Englerth was able to purchase after a bid from local landlord Michael Pullinzi was rejected last year by the council for allegedly having too many code violations on his existing properties.

Jeremy Yasses has plans to make 507 Ellicott St. beautiful again, but first he needs the Batavia City Council to approve his purchase of the property.

In the city's annual tax lien auction, Yasses bid on the property and won it for $5,000 under the corporate name Trine Properties, Inc.

But last year the council set a precedent by denying Michael Pullinzi the ability to buy 9 Willow St.,saying Pullinzi was a landlord with too many alleged code violations against his properties.

Once again, council members are receiving a memo from city staff on the number and types of alleged violations against this year's auction winners, and Yasses tops the list with 11 alleged violations.

All of the violations have been corrected, according to the report.

The violations are on properties Yasses or his wife own and are rental properties.

Today, Yasses noted that it was Trine Properties, Inc. that bought 507 Ellicott St., not Jeremy Yasses. Yasses said he's just an officer in the company and there are investors that back Trine.

Trine does not want to buy the Ellicott Street residence in order to turn it into a rental. The intention, Yasses said, is to rehabilitate it and sell it.

To help make his case, Yasses sent a letter to the city -- included in the council agenda package -- outlining his plans for the property and including before and after pictures of properties his company has previously rehabilitated.

Yasses says he wants to get out of the rental business -- if only he could sell his current properties -- and just deal in rehab projects.

He has been involved in rehabilitating about a dozen properties in Genesee and Orleans counties over the past two years. He's just about to sell a place in Alabama that after rehab has increased in assessed value by $20,000.

"I want to make the house beautiful and improve the neighborhood," Yasses said. "I think that's what the council is after. It would be a positive for the city."

Previously:

• Landlord who was denied auction property defends his record
• Council's auction vote got the attention of landlords, but not necessarily in a good way

Chris Charvella can start attending Genesee County Legislature meetings again.

Town of Batavia Justice Mike Cleveland today adjusted the order of protection barring him from showing up at the place of business of Legislator Jay Grasso.

Grasso has accused Charvella of harassing him for leaving a message on his home phone that said, "Thanks for reading my blog."

Charvella is charged with harassment, 2nd. Under the statute, he is accused of making a phone call with no legitimate purpose.

Along with attorney E. Robert Fussell, Charvella, a Democratic committee member, appeared in Town of Batavia Court today for a status hearing.

Fussell indicated he is preparing motions to challenge the constitutionality of the charge, but the only request today was to change the order of protection issued in Town of Le Roy Court when Charvella was first arrested. The order prohibits Charvella from having any contact with Grasso.

"It's certainly has been my practice to attend meetings of the legislature," said Charvella, who ran for a seat on the county board in 2009. "That's a practice I would like to continue."

Assistant District Attorney Melissa Cianfrini object to the change in the order, saying that Charvella was offered a plea deal that would have altered the court order and given Charvella a conditional discharge of the case.* Since Charvella turned down that offer and the case may go to trial, Cianfrini said, Charvella should be kept away in all circumstances from Grasso, since Grasso is both the alleged vicitm and a potential witness in any trial.

(UPDATE: Cianfrini called to clarify: Charvella was offered an adjournament in contemplation of dismissal, meaning the case would be dismissed with no record (all court records would be sealed) if Charvella stayed out of trouble for six months).

Grasso, a Republican, is Le Roy's elected representative on the legislature.

Outside of court, Fussell wouldn't confirm that he and his client intend to take the case to trial. He would only say, "I'm preparing motions." He said the motions would be based on constitutional issues.

During the hearing today, Fussell gave some indication of what those arguments will be, telling Cleveland, "If a politician doesn't like what a constituent has to say, it would be very, very chilling (to block meeting attendance). He (Charvella) should be allowed to attend these things."

Those motions must be filed by April 15 and Charvella's next court appearance was set for 4:30 p.m., May 23.

For previous coverage of the Chris Charvella and Jay Grasso case, click here.

The sturdy red brick building at the corner of Center and Main streets was built by Batavia's Masons in 1908 and has been their home ever since.

That will change this summer.

Members of Batavia Lodge No. 475 of Free and Accepted Masons have made the difficult decision to leave their finely crafted and ornate temple to merge with the Olive Branch Lodge in Le Roy.

Jim Rosenbeck, master of the 151-year-old lodge, explained that since the Batavia Masons' lease expires this year, they are working on a merger with Le Roy to hopefully, "...get greater strength in numbers and get a higher profile for Masonry by merging and doing collaborative things."

In the process the lodge -- formed on April 9, 1859 -- will be dissolved.

The move is necessary because it's not financially viable for the 50-member lodge to pay rent. The lodge has occupied the building rent free for at least 15 years.

Rosenbeck said he wished nothing but the best for the Masonic Temple building and hoped that owner David Howe could find the right tenant to take care of it in the future.

Howe, who also owns Charles Men's Shop, acquired the building 15 years ago.

He gave The Batavian a tour of it earlier this week.

I was most impressed with the look of the "Lodge Room." Walking through the double doors and into the great hall, a view of throne-like chairs at the opposite side gave an almost humbling feeling. History seems to ooze out of the cracks of the walls in that place.

Theater seats line the sides of the great hall and a balcony that once held a pipe organ overlooks the room. The carpet is a fittingly ornate pattern and one of the earliest of "dimmers" can be found hulking underneath the light switches. When the giant crank is turned, the lights soften to a haunting glow.

"I love the history of this building and anything historic -- anything that is bigger than life," Howe said during our tour.

From the beginning, the Masons rented the first floor of the building to retail businesses and the second floor has always contained rented office space -- mostly used by attorneys until a few years ago.

The third and fourth floors have been shared by the Masons and Blue Pearl Yoga.

What happens next, Howe isn't quite sure.

He guessed that a theater group could work well, and apartments are possible, but improvements will be needed with either scenario.

At the time Howe acquired the building, the roof was in bad shape and a portion of the southeast corner of the building collapsed down to the basement. That's all been fixed, but other repairs are yet to be made.

As for the Masons, making tough choices to ensure their survival certainly isn't a new thing. The Le Roy Masons sold their lodge to make way for a Walgreens a few years ago, and after months of searching, decided to make 12 Bank St. in the village their new gathering place.

Historically, the Masons have found ways to keep their society thriving despite hardships. Former Holland Land Office Museum Director Patrick Weissand tells an interesting tale of William Morgan -- who learned the Masons' secrets but wasn't allowed to remain part of the lodge because he had a tendency to "shoot off his mouth" after drinking too much.

Although no one can prove exactly what happened to Morgan -- historians do know he was kidnapped and silenced after threatening to publish a book about the rituals of the freemasons. Weissand tells the riveting tale in a three-part video series here.

Although the Masons may have been a secretive society with an alleged political agenda in the past, Rosenbeck says that isn't what being a Mason is about.

"Basically, we are a benevolent organization that makes good men better," he said. "One of our goals is to provide services to the community that we're in and it's been sort of an issue with us lately because we have so few active members to do anything meaningful."

A good portion of the Batavia lodge treasury will be donated to local charitable groups, once the lodge disbands, Rosenbeck said. The rest will go to the Le Roy lodge, probably to help with construction of a kitchen there.

Rosenbeck says they do their best to donate to worthy causes. He pointed out that in order to be a Mason, one criteria is the belief in a Supreme Being.

"It's unique that the brotherhood of Masonry doesn't discriminate between religions. Christianity, Catholics, Muslims and Jewish beliefs and a few others can become Masons.

Rosenbeck said he regrets having to leave "the glorious old building" but it was a choice made out of necessity.

"Our decision to merge and join Le Roy has nothing to do with our feelings towards David Howe or the lodge building. We are going to really miss the beautiful place but this is something we need to do for our survival."

The permanent fixtures of the building -- such as distinctive door handles and the carved wood of the temple -- stay with the building. But the Batavia lodge owns all of the furniture -- such as the palace-like chairs in the temple and the two couches in the hallway -- and those will be taken to Le Roy. 

Photos by Howard Owens. Top, interior of the Masonic Temple. First inset, Jim Rosenbeck and his son Mike Rosenbeck. Mike is the last member of Lodge No. 475 to complete his Third Degree and sign the charter. Other insets, details from inside the building. Postcards provided by Dave Howe.

The City Centre was packed with Zumba dancers this afternoon as part of a "Party of Hope" to raise money for Genesee Cancer Assistance.

Zumba is a fusion of Latin beats, international music and fitness dance moves.

Dancers donated money to participate.

For the second time in less than 13 months, the Ricigliano family is looking for a place to live and trying to figure how how to replace all of their belongings.

On Wednesday night, they were burned out of their apartment at 20 Vine St., Batavia.

The suspected cause and origin of the fire has yet to be released by the Batavia Fire Department.

A year ago, Nick and Melissa were living 132 State St., where a woman died after reportedly starting a fire by smoking too close to her oxygen tank.

"My son’s birthday is Feb. 7," Melissa Ricigliano said. "Last year, two days after his birthday, he lost everything. This year, two weeks after his birthday, he loses everything."

Both Melissa and Nick work (at Sunny's restaurant and McDonald's), but after spending the past year replacing all of their belongings, money is tight and they can't afford the expense of a new rental.

After the State Street fire, they knew they needed to get renters' insurance and started the process but hadn't yet signed the paperwork.

Meanwhile, they lost all of their clothes, a new couch, TV and Xbox.

"It took almost a whole year to buy all of our stuff back and now it’s all gone again," Melissa said.

Melissa said she's been disappointed in the response she's gotten from the American Red Cross. On Wednesday, Ricigliano was given $300 and told to come back the next day.

The next day, the woman she talked to said, "What are you doing here?" The woman said there was no more assistance available. When Melissa said, "I'm homeless and we need food," she was told she should have used the $300 for food.

The $300, Melissa said, went for two sets of clothes for each member of the family, toothpaste and toothbrushes.

Judy Nagel at the Genesee Region Red Cross said the available money for fire victims is tightly regulated by the national headquarters. Each victim, she said, is given a debit card and a form that says, "spend X amount on clothing and X amount on food."

"It's all put into a computer and there's a formula based on policies set by headquarters," Nagel said. "The computer creates the debit card. We're not able to do more than that. We don't have any control over the amount (of assistance)."

Nick and Melissa are currently staying with friends. Their children, Dominic, 6, and Martha, 3, are with family in Chili. Melissa also said the people at John Kennedy School and New Hope Church have been trying to help, as well as several others in the community.

Her sister is working on organizing a fundraiser at a town fire hall, but no date has been set yet.

Melissa said she has a message for any potential landlords: "You might want to put out there that I am a good tenant and I don’t have a curse.”

A serious accident involving a tractor-trailer and another vehicle on the Thruway is reported. There are believed to be multiple injuries.

The location is eastbound at mile marker 387.3. It's nearest to the Byron Road Bridge.

Town of Batavia Fire Department is called to respond along with Mercy EMS.

UPDATE 11:47 a.m.: Oakfield Fire is requested to standby in the Town of Batavia's hall.

There is a report of smoke in the basement of a house at 210 Osterhout Ave., Batavia.

City fire dispatched.

UPDATE: Never heard any more on this and when I went by about 30 minutes after the initial call, the fire department had cleared.

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A 16-year-old resident of Sparks Road, Pavilion, is charged with petit larceny. The youth is accused of shoplifting from Kmart on Tuesday.

A 17-year-old resident of Wyoming Road, Wyoming, is charged with petit larceny. The youth is accused of shoplifting from Kmart on Tuesday.

A 17-year-old resident of Black Street Road, Le Roy, is charged with unlawful possession of marijuana. K-9 "Pharoah," handled by Deputy Brian Thompson, alerted on a car parked in the East Park Street area of Pavilion. After an interview with the driver, Thompson allegedly found a small quantity of suspected marijuana and three pipes with suspected marijuana residue.

The cause of a rollover accident on Clinton Street Road yesterday evening remains under investigation.

The driver was taken to Strong Memorial Hospital by Mercy Flight with non-life threatening injuries.

No citations have been issued.

Jody B. Gillette, 50, of Pine Hollow Drive, Batavia, was driving a 1993 Chrysler sedan east on Route 33 when he lost control of his car for an unknown reason. The car left the roadway, struck a sewer pipe and overturned coming to rest on its roof.

Town of Batavia fire, State Troopers, Sheriff's deputies and Mercy EMS responded to the 6:32 p.m. accident near Terry Hills.

The accident is being investigated by Deputy Cory Mower.

(Initial Report)

A Rochester man was arrested for allegedly possessing brass knuckles Wednesday after getting involved in a one-car, non-injury accident on Park Road.

Charged with criminal possession of a weapon, 4th, was Joseph Samuel Caiazza, 32, of Elmwood Avenue, Rochester.

Caiazza said he was pulling out of the parking lot of the Best Western Hotel at 10:38 a.m. when his phone rang. When he went to answer it, he struck a utility pole.

Caiazza also received citations for alleged failure to maintain lane and alleged equipment violations.

The accident was investigated by Deputy Chris Parker.

A rollover accident, with unknown injuries, is reported in the area of 5007 Clinton St. Road in the Town of Batavia.

Town of Batavia Fire Department and Mercy EMS are responding.

The vehicle is on its roof and two people are the driver is trapped inside. Extraction equipment will be needed. Gas is leaking from the vehicle.

UPDATE 6:39 p.m.: Mercy Flight is called and will be flying in. A landing zone will be established.

UPDATE 6:50 p.m.: Mercy Flight is preparing to land in the parking lot at Terry Hills Golf Course.

UPDATE 7 p.m.: The victims have has been extricated.

UPDATE 7:25 p.m.: Mercy Flight is headed to Strong Memorial Hospital with a male patient who is alert.

UPDATE 7:30 p.m.: The scene is cleaned up and all units are back in service.

A structure fire is reported at 20 Vine St. in the City of Batavia. City firefighters are on scene and the second and fourth platoons have been called in. Mercy EMS is going to scene in case needed.

UPDATE 6:26 p.m.: A fire chief has asked that police officers shut the street to traffic. Three rooms have been engulfed with flames at this point. National Grid and National Fuel are being contacted to shut off power to the structure.

UPDATE 6:29 p.m.: A firefighter says the second floor is full of smoke but there are no visible flames.

UPDATE 6:43 p.m.: Three rear windows upstairs have been opened, providing ventilation. The structure consists of two apartments. A young woman lives upstairs and Nick Ricigliano and his wife and toddler live downstairs. They are all out and safe. Ricigliano said he was burned out of his home last year, too. His family lived in an apartment on State Street in the city, in the same building where a woman died in a fire caused by her smoking cigarettes near her oxygen tank.

UPDATE 7:03 p.m.: A chief reports that the building housed a total of seven people. He asked that the American Red Cross be contacted and come to the scene to help those displaced by the fire.

UPDATE 7:15 p.m.: Firefighters are checking for hot spots in cavities of the building.

UPDATE 7:28 p.m.: A city inspector is called to the scene and "someone who boards up buildings."

UPDATE 7:37 p.m.: The fire is out and crews are cleaning up.

UPDATE 7:55 p.m.: The fire chief asks for the water department to shut off service to the building.

PHOTOS: Top photo by Frank Capuano.

A former Batavia resident, already serving up to seven years for second-degree rape and sexual abuse, will spend five more years in prison for raping another young victim, Judge Robert C. Noonan ruled today.

Philip Kroft, 23, admitted to rape, 2nd, in November as part of a plea deal that would cap his possible sentence at five years.

Noonan gave Kroft the five years, but denied a request by defense attorney Fred Rarick that Kroft's sentence be consecutive concurrent with the time he's already serving.

Rarick said that Kroft has completed his GED while in prison and also earned a welding certificate.

"Adding an additional five years I don’t think is necessary, may be considered harsh and excessive punishment," Rarick said. "He regrets what he’s done in the past and he’s looking forward to his future."

Kroft's 14-year-old victim gave birth to a child and Kroft would like to be involved in the child's life, according to his attorney.

At the time of the rape, Kroft was 21.

The crime occurred around the time of his previous arrest in 2008, which resulted in a conviction for rape, 2nd, sexual abuse, 1st, criminal possession of a weapon, 3rd, and conspiracy, 4th.

Kroft was eligible for parole on those convictions in 2015.

When asked for a statement, Kroft said he does know he made mistakes and he is trying to turn his life around. He said he has also enrolled for some college courses.

If the second rape had come to light during proceedings on the original charge, perhaps the crime would have been wrapped into the sentence with the first. That's what Rarick suggested to Noonan, who replied that the opposite could also be true.

"It would be an equally good argument that had both charges come before me, I would have given him four or five more years based on him victimizing yet another young girl," the judge said. 

Kroft is serving his sentence in Elmira Correctional Facility.

Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt. Orbaker is accused of violating an order of protection.

Frank G. Frainier, 47, of Lewiston Road, Royalton, is charged with DWI, driving with a BAC of .08 or greater and improper right turn. Frainier was arrested after the Sheriff's Office received a report at 6:47 p.m., Monday, of a car off the road on Route 77, Alabama.

Ken and Andrea Mistler have made some big changes to their former coffee and smoothie shop at the corner of Main and Jackson streets.

The former Daily Grind is now Espresso Salads and Subs.

Ken Mistler said it was time to expand what the shop offered. While a prep area has been added for food service, much of the food prep -- including baking fresh sub rolls daily -- takes place at Mistler's other food establishment downtown, South Beach Restaurant.

Andrea manages day-to-day operations for the  sub and salad shop.

Subs and salads are made to order with fresh ingredients.

For the coffee and smoothie crowd, the full selection of the Daily Grind remains on the menu.

Mistler has also added free wi-fi and there are now leather chairs and couches available for customers. In the summer, Ken said, he will add outdoor seating.

The local Girl Scouts have a new home, 5 Jackson St., Batavia.

After the location the Girl Scouts occupied in City Centre was sold, the local office and retail shop was relocated to vacant retail space just about a block away.

It took about a month to get settled in, but the retail shop is now set up and the staff is ready to help local scouts and leaders.

The scouts will host an open house at its new location from 3 to 6 p.m., Monday, Feb. 28.

The grand opening will include free drawings, prizes and discounts on scouting items as well as a food drive for the Salvation Army and Batavia Agri-Business Child Development.

The shop is open from 11:30 a.m. to 4:30 p.m., Monday through Friday, with the service center opening at 8:30 a.m.

Pictured above, from left, Stephanie Burgett, customer service, Marlene Worthington, membership manager, Kathie Waika, program manager and Robin Ettinger, membership manager.

UPDATED 2:34 p.m.

A former Batavia resident is expected to soon plead guilty in a Milwaukee county court to charges that he impersonated a lawyer and committed forgery.

According to investigators in Wisconsin, Thomas J. Lyon, 28, not only represented several "clients" in legal proceedings, but also forged checks, stole money, assumed the identity of a deceased notary public and operated a prostitution ring.

According to court documents, Lyon reportedly bragged to an associate at one time that he was like Frank Abagnale Jr., the former con artist depicted by Leonardo DiCaprio in the hit movie, "Catch Me If You Can."

Besides Batavia, a public records search shows that Lyon has also apparently lived in Warsaw, where he was born, Buffalo and Hamburg.

Wisconsin court documents state that Lyon was on probation in New York and had his probation transferred to Wisconsin. According to the documents, he was previously convicted in New York of grand larceny, stalking and false imprisonment.

Lyon was arrested for allegedly issuing a bad check in Genesee County in July 2008, according to the Sheriff's Office. According to the arrest report, Lyon lived on Saltvale Road in Middlebury at the time.

In Milwaukee, Lyon is accused of assuming the legal identity of Thomas J. Lyons, a Minnesota-based attorney -- also licensed to practice law in Wisconsin -- who told investigators he hadn't appeared in a Milwaukee court in years. 

Lyon allegedly used the bar identity number of attorney Lyons to pass himself off as the attorney.

Police searched the office space reportedly rented by Lyon at 5301 W. Hampton Ave., Milwaukee, which reportedly had a sign on it saying it was the offices of "Thomas J. Lyons & Associates, Inc.," and found documents indicating Lyon had at least nine legal clients.

On at least one occasion, Lyon allegedly kept a settlement check for $3,000 that was intended for one of his clients.

Lyon also apparently set up a Web site to advertise his alleged legal services.

The documents also include quotes from court transcripts where Lyon allegedly referred to himself as an attorney and questioned witnesses as if he were an attorney.

One of Lyon's employees is also quoted in the documents saying that besides being a secretary in his office, she worked as a prostitute for him.

Though not charged with any prostitution-related crimes, the court documents say that Lyon allegedly operated an escort service called "Lacuna Limited," and that it was really a front for prostitution.

According to the documents, Lyon booked rooms at a Comfort Suites Inn in Milwaukee and set rates at $200 to $250 per hour. Lyon also allegedly hired a guard for the prostitutes. 

He allegedly recruited prostitutes by advertising for lingerie models.

Lyon allegedly collected prostitution proceeds in cash and kept computer records of the proceeds.

In all, 11 charges were originally filed against Lyon.

He is charged with two misdemeanor counts of practicing law without a license, a felony count of theft, three felony counts of unauthorized use of personal identifying information or documents, and five felony counts of forgery.

Lyon was jailed on $20,000 bail and apparently remains in custody. His attorney last appeared in court for him Jan. 28 and a court appearance date of March 3 was set for Lyon, when he is expected to plead guilty to at least some of the charges.

The terms of the plea bargain have not been released.

The forgery charges carry a maximum sentence of a $10,000 fine for each charge and six years in jail.