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Falleti Ice Arena: The ongoing debate

By Howard B. Owens

Once again on Monday evening, Batavia City Council members debated the future of the Falleti Ice Arena -- whether to sell it, or not; whether it makes money, or not; whether it's a vital service to the community, or not.

Councilman Tim Buckley indicated he's had enough.

The city is facing some big and tough budget decisions in the near future, and the council has a lot on its plate. Enough, he said, of debating Falleti Ice Arena.

“I don’t want to make this out as not an important issue, but I want to move away from this issue," Buckley said. "I want to get this thing done. I think as a council we have to realize we’ve got our hands full."

Buckley's suggestion: Have City Manager Jason Molino sit down with Firland, the management company currently running the ice arena, and see what kind of new lease terms can be arranged and bring that proposal back to the council.

After Buckley's opening statement, Councilman Bob Bialkowski said he's been doing the math, and he believes, all things considered, the city is losing thousands of dollars a year on the ice arena.

Bialkowski said he figures the city has expenses related to the ice arena in the range of $53,000, but only gets back in the neighborhood of $40,000. 

City Manager Jason Molino said there are other variables involved, and some of the expenses wouldn't go away if the arena is sold -- such as debt service.

Councilman Bill Cox said he doesn't believe there is any way the city benefits financially from ownership of the arena.

"What’s in it for the taxpayers?" Cox said. "I don’t think anybody on this council, at least not in my hearing, thinks that we’re against the ice arena that we want it to close. ... I don’t want it to close -- I think it’s a great asset to the city. But it should be privatized.

"We’re talking about privatizing it, not closing it. When you privatize it, guess what, you lose control. Do you have any control over the guy who buys your house, what color he paints it after you leave? Of course not."

Councilman Frank Ferrando said while he was once in favor of selling the arena, he's gotten so much feedback from constituents that the city should keep it, that's who he is going to listen to.

"The vast majority of people in this community like the ice rink the way it is, with the city owning it, leasing to Firland," Ferrando said. "I don’t even know what the advantage would be to the taxpayer in the long run if we sold it."

With Cox, Bialkowski, Rosemary Christian and Sam Barone voting no, the council referred the matter to City Manager Jason Molino to see what can be worked out with Firland.

Near the end of the discussion, Cox suggested that WBTA, The Batavian and the Batavia Daily News all run surveys to find out what local residents want done with the arena. After the meeting, we showed Cox the results of an Oct. 26 poll on The Batavian (a totally unscientific poll, we noted) that showed only 22 percent of the respondents supported selling the arena no matter what. Cox's response: "Wow."

Council debates Albany's property tax cap proposal

By Howard B. Owens

City Council President Marianne Clattenberg got a little worked up at Monday night's council meeting during a discussion of a proposed local property-tax cap that some Albany politicians are pushing.

“Why do they need us?" Clattenberg said. "They’re going to tell us what we can charge for property tax and then they’re going to tell us what we have to pay. They don’t even need local governments. They want control of everything. Albany is crazy right now.

"This whole sham of a property-tax cap is just a political ploy by the governor’s office to act like they're for the people," Clattenberg added. "So they say one thing to the people and then go the other way to stab them in the back."

At issue was a proposed resolution to send a message to Albany politicians, "no tax cap without mandate relief." The resolution will state that the legislature shouldn't approve a property-tax cap without eliminating mandated expenses.

A vote to place the resolution on the next council business agenda passed 6-3, with Rosemary Christian, Bob Bialkowski and Bill Cox voting no.

Cox argued that the city should be ready to make any spending cuts necessary without tax increases.

"We have other things we can cut," Cox said. "We need to give our property owners and our citizens tax relief. We can’t do it to them unless we take a stand, draw a line in the sand say, 'no more taxes.'"

Councilman Frank Ferrando said he was concerned that if a tax cap is enacted without mandate relief, the city will be forced to cut vital city services and eliminate key city jobs.

Albany, Ferrando said, shouldn't be dictating to local governments how to raise and spend money.

"If we're forced into that situation that could create real problems for our community," Ferrando said. "If we're in a situation where we need to make those decisions, that’s different. We will be making those decisions. We will make those hard decisions, but they shouldn’t be making them for us."

City Manager Jason Molino said mandated expenses on employee pensions, health insurance and health costs continue to escalate. Next year, for example, the city is looking at a $361,000 increase in mandated retirement benefit costs, and under the property-tax cap proposal, taxes could only go up by $72,000, leaving a $289,000 shortfall.

Grand Jury Report: Indictment filed against accused child rapist

By Howard B. Owens

Gregory A. Jones is indicted on a charge of predatory sexual assault against a child, a Class A-11 felony. Jones is accused of raping a child of less than 13 years of age while in an apartment at 34 Main St. in the Village of Le Roy.

Craig A. Tiberio-Shepherd is indicted on a charge of DWI as a felony. Tiberio-Shepherd is accused of driving drunk Aug. 14 in the Town of Pembroke.

Dominic J. Cordello Jr. is indicted on charges of DWI as a felony and driving with a BAC of .08 or greater as a felony. Cordello is accused of driving drunk on Aug. 11 in the Town of Alexander.

Matthew A. Beccue is charged with a misdemeanor count of criminal possession of stolen property, 5th, and criminal possession of stolen property, 5th. Beccue is accused of possessing two stolen Dell desktop computers. The Grand Jury did not find sufficient evidence to indict Beccue on felony charges, but did find sufficient evidence to sustain the misdemeanor charges, so the case is returned to the Pavilion Town Court.

Jason L. Pask is indicted on a charge of criminal mischief, 2nd. Pask is accused of damaging another person's car, a 2010 Camaro SS, causing damage in excess of $1,000 in value, on July 24.

Tacoya S. Johnson is indicted on charges of criminal possession of a forged instrument, 2nd, and grand larceny, 3rd. Johnson is accused using a forged instrument to steal more than $3,000 while at a local bank branch on Oct. 31, 2007.

Dannielle D. Sturgis-Ruise is indicted on charges of criminal possession of a forged instrument, 2nd, and grand larceny, 4th. Sturgis-Ruise is accused of using a forged instrument to steal more than $1,000 from a local bank branch on Oct. 27, 2007.

William A. Muoio III is indicted on charges of DWI as a felony and driving with a BAC of .08 or greater as a felony. Muoio is accused of driving drunk Aug. 22 in the Town of Le Roy.

Jennifer L. Coombs is indicted on charges of DWI as a felony and driving with a BAC of .08 or greater as a felony. Coombs is accused of driving drunk June 30 in the Town of Byron.

Cheryl A. Vagg is indicted on a charge of driving while ability impaired by drugs as a felony. Vagg is accused of driving while under the influence of drugs July 3 in the Town of Alabama.

The Grand Jury returned a "no bill" (finding insufficient evidence to support the charges) on Shawn C. Wetmore. Wetmore was charged in the City of Batavia of burglary, 3rd, criminal possession of stolen property and unauthorized use of a motor vehicle.

Police Beat: Felony DWI arrest made in the Village of Le Roy

By Howard B. Owens

Joanna M. Morgan, 37, of Wyoming, is charged with felony DWI, DWI, driving with a BAC of .08 or greater and driving with view obstructed. Morgan was stopped by Le Roy Police Officer Emily Clark on Sunday following a report of two people out of a vehicle and fighting along the roadside of I-490. Morgan, driving a vehicle that matched the description of the one spotted on I-490, was found in the Village of Le Roy. Following a traffic stop, Morgan was allegedly found to be intoxicated. A child under 16 years of age was reportedly in the car, leading to the felony DWI charge.

Darrel R. Scroger, 33, of Swan Street, Batavia, is charged with three counts of petit larceny and possession of burglar tools. Scroger was taken into custody at 2:56 p.m., Thursday, in the Target parking lot as a result of an investigation into stolen mobile phones. The phones were reported stolen over the previous week. Scroger was allegedly caught stealing from Target. He is also accused of shoplifting from Target on Dec. 6 and Dec. 8. Scroger was jailed on $500 bail. The investigation was conducted by Deputy Joseph Graff, Deputy Patrick Reeves, Deputy Brad Mazur and Sergeant Thomas Sanfratello.

Jerome Sanders Dennis, 24, of Jackson Street, Batavia, is charged with criminal trespass, 2nd. Dennis allegedly entered a residence on Drake Street, Oakfield, at 3:50 p.m., Dec. 8, without permission of the owner.

Aaron D. Bradley, 29, of 679 E. Main St., Batavia, is charged with harassment, 2nd, and criminal obstruction of breathing or blood circulation. Bradley is accused of placing his hands around the throat of a victim during a domestic incident at an unknown time Sunday. He was jailed on $1,000 bail.

Elizabeth A. Wesley, 38, of 31 Trumbull Parkway, Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlamps. Wesley was stopped on a street in Batavia at 12:31 a.m., Sunday, by Officer Matt Fleming. Wesley was jailed without bail.

Joshua A. Canfield, 21, of 190 Greeley Ave., Hornell, is charged with DWI, driving with a BAC of .08 or greater, and running a red light. Canfield was stopped at 3:28 a.m., Sunday, by Officer Eric Bolles, after allegedly running a red light at West Main and Ellicott streets.

Amber N. Wallace, 21, of 4 Highland Park, Batavia, and Nicole L. Cramer, 21, of 2 Highland Park, Batavia, are charged with disorderly conduct. Wallace and Cramer were allegedly observed by police officers fighting on Pringle Avenue at 2:38 a.m., Sunday. They were taken into custody by officers Eric Bolles and Frank Klimjack.

Justin M. Hoover, 30, of 22 Tracy Ave., Batavia, is charged with criminal possession of stolen property, 5th. Hoover is accused of possessing items stolen from vehicles on the south side of the city the night of Nov. 24. He was taken into custody on Friday by Det. Pat Corona.

Amy A. Wagner, 41, of Angola, is charged with harassment, 2nd. Wagner was arrested by State Police for an alleged incident on Aug. 21. No further details released.

Aaron J. Huck, 27, of Brockport, is charged with DWI and aggravated DWI. Huck was stopped at 4:11 p.m., Friday, by State Police on Townline Road in Bergen. Huck was held without bail.

Monroe County attorney, college trustee arrested during basketball game at GCC

By Howard B. Owens

A former Rochester City Council member and current appointee to the Monroe County Community College Board of Trustees was arrested at a GCC woman's basketball game yesterday.

John Parrinello, a defense attorney who served on the Rochester council in the 1970s and lost a bid for mayor in 2006 against Robert Duffy, was charged with criminal trespass, 3rd, after being arrested by State Police Trooper Daniel Hollands.

Hollands was dispatched to the GCC gym at 4:35 p.m. for a report of a fan causing a disturbance and refusing to leave.

According to the State Police, campus security reported the suspect was using vulgar language.

When Hollands arrived, he contacted Parrinello and advised him to leave. Parrinello refused. Then Hollands reached for his handcuffs, according to reports, at which point Parrinello agreed to leave, but then reportedly would not exit the building by the route ordered by Hollands. At that point, Parrinello was arrested.

Parrinello is scheduled to appear in Town of Batavia Court at 1 p.m., Dec. 20.

Sources: WHAM 13, Democrat and Chronicle, MCCC web page.

Suspect held without bail after allegedly trying to steal gun from HLOM

By Howard B. Owens

An Alden man is being held in jail without bail after being accused of trying to steal a historic long gun yesterday from the Holland Land Office Museum, 131 West Main St., Batavia.

An observant witness spotted a person leaving the museum with the long gun hidden under a trench coat and followed the suspect's car, phoning the dispatch center with a license plate number, description and direction of travel.

Taken into custody at the intersection of West Main and Oak streets shortly after 1:30 p.m. was Frank J. Bieniek, 55, of 962 Virginia Drive, Alden.

The gun is valued at more than $3,000.

Bieniek is charged with grand larceny 3rd and criminal possession of stolen property 3rd.

The case was investigated by Officer Matt Flemming and detectives Kevin Czora and Todd Crossett.

Bieniek will be arraigned and receive a bail review in City Court at 11 a.m., Monday.

(initial report)

Photos: Christmas lights on Thursday evening

By Howard B. Owens

Last evening, I took pictures of Christmas lights of several homes on the south side of Batavia. Above a home on Ganson Avenue.

More pictures after the jump:

Osterhout Street

Highland Street

Jackson Street

Hutchins Street

Police Beat: Car found in ditch off Route 77, driver arrested

By Howard B. Owens

John Micheal Parker, 58, of Phelps Road, Corfu, is charged with DWI, aggravated DWI (driving with a BAC of .18 or greater), speed not reasonable for conditions. At 12:41 a.m., Dec. 4, the Sheriff's Office received a call of a car in a ditch on Route 77 in Pembroke. Deputy Kevin McCarthy responded and found a car in a ditch, partially blocking the roadway. Parker was allegedly found to be intoxicated.

Charles M. Blatt, 48, of 319 E. Main St., Batavia, is charged with criminal contempt, 2nd. Police responded to a reported domestic incident at 6:25 p.m., Thursday. Blatt was allegedly found in violation of an order of protection that barred him from being intoxicated in the presence of the protected party. Blatt was jailed on $1,000 bail.

William A. Andrews, 31, of 54 Hutchins St., Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Andrews allegedly violated an order of protection by making repeated threats of violence against the protected person. Andrews was jailed without bail.

Gordy Abiola Akinpelu, 18, of Lincoln Street, Brooklyn, is charged with criminal trespass, 3rd. Akinpelu is accused of entering a room at Oak Hall in College Village without permission.

Historical gun reportedly taken from Holland Land Office Musuem

By Howard B. Owens

Police are in pursuit of a black Intrepid that is reportedly heading southbound on Oak Street from Richmond.

The suspect reportedly stole a historical gun from the Holland Land Office Museum.

It may have just been stopped on Oak Street and Main.

UPDATE 1:42 p.m.: The vehicle was stopped. The property has been identified.

Alleged failure to yield blamed for accident on Lewiston Road

By Howard B. Owens

A car attempting to cross from the Rite Aid parking lot across Lewiston Road to the Tops parking lot was stuck by an other car in a minor-injury accident at 1:42 p.m., Thursday.

Cited for alleged failure to yield was Nancy L. Alfes, 64, of Darien-Alexander Townline Road, Darien Center.

Alfes was also reportedly injured, but not transported to a hospital.

The other driver, Helen W. Laird, 88, of West Main Street Road, Batavia, was not injured.

The accident was investigated by Deputy Lonnie Nati.

(initial report)

Walton buys out graphic design firm; will merge with TopLine Shirt Co.

By Scott Grefrath

He started his first business when he was 16 and just a day before his 21st birthday, Tim Walton has bought out his first company.

Walton, who is the owner and founder of TopLine Shirt Company, has agreed to terms with Marc Tillery, owner of MT Graphixs, to buy out and merge the two companies into one. This will allow Walton to add a wide variety of graphic design services including advertisement design and consulting.

"Marc is a great designer and his company has really proven itself and was something that I wanted to get involved with," Walton said.

MT Graphixs is a design and advertising firm that has clientele based throughout the United States and has done design work for high-end clients including the Grammy Award winning group Boys II Men, R&B group New Edition and John Neilson of Rebel Spirit Clothing -- a line that is often worn by the stars of the MTV hit show "Jersey Shore."

"It's a great opportuniy for both of us," says Walton. "MT (Graphixs) has a long list of clients and it's great to be able to add them to my portfolio and should result in a revenue increase for both of us."

Tillery has a variety of experience in design and advertising.

"We can help you with a plan to get your ads to reach customers, we can design fliers, logos, business cards, T-shirts or whatever else you may need designed," he said.

As part of the deal, Tillery will now be operating full-time out of TopLine's current location at 214 E. Main St. in Batavia.

"I felt like this was the right move for both of us. It gives me an opportunity to be able to work with Tim and offer the customers I have even more services," Tillery said.

The terms of the deal are not being released.

"This addition isn't just going to add more design services," says Walton. "This allows us to become more of an advertising company as a whole and will allow for us to continue to expand into numerous other markets that otherwise would not have been possible."

(Photos - Top, Tim Walton, left, and Marc Tillery; lower, Marc Tillery, left, and Tim Walton.)

Batting cage business opens doors on downtown location

By Howard B. Owens

A downtown storefront is not the usual place you'd expect to find a batting cage, but Bruce Dedman and partner Mike Sputore have moved their baseball business to a location near Liberty Street.

The facility features two 70-foot cages and hitters can either face off against a machine or live batting-practice pitching.

Pitch 'n Hit Baseball Training Center was previously located on Harvester Avenue. With the location change, Dedman said, the cages will now be open year-around. In the past, the business would shut down in the spring, when players return to their teams.

The batting cages were just an off-season workout, Dedman said.

Genesee Community College's ball team is putting the cages to good use, and several high school players also work out at the facility, Dedman said.

He's also working on arrangements to make provisions for softball players.

Most hitters pay for monthly memberships, but half-hour and hourly rates are also available.

The business is located at 214 E. Main St. Hours: 3 to 9 p.m. Monday through Friday; 10 a.m. to 6 p.m. Saturday; and noon to 6 p.m. Sunday. Appointments are also accepted.

Hitters should use scheduly.com For more information, write to pitchnhit@gmail.com or call (716) 560-0031.

Photos: High school students display entrepreneurial chops at GCC

By Howard B. Owens

GCC was filled with young entrepreneurs today as students from more than a dozen high schools in the region participated in a trade fair, selling wares from their virtual businesses.

Debbie Dunlevy, college tech prep project director at GCC, explains the program:

In September 2003, six districts in the GLOW Region, with the assistance of the College Tech Prep program at GCC, began a pilot program related to the Business Career Cluster. There have been up to 11 GLOW school districts participating in the program and currently there are nine with a company. This program integrates an Entrepreneurship class with the international Virtual Enterprise program.

Students enrolled in the class seek to establish a business from the ground up. They design a business plan, decide on a product to “sell," design a marketing a plan, work with payroll and taxes and, in general, learn about all aspects of running a business without assuming any of the actual risks since the entire project is completed virtually using the internet, fax, phone and U.S. Mail.

Students participate in a Trade Fair during the fall term and an end of year competition in the spring semester. All of the schools are members of the Rochester Area Consortium, which includes 10 Monroe County secondary schools, three Erie County schools, plus the nine from the GLOW Region.

At the Trade Fair, students set up displays with the objective of getting visitors to “purchase” their product. Awards are given to the top three schools in the areas of best booth, salesmanship and most sales. Money from the Trade Fair sales is deposited into the company accounts.

All visitors are given $10,000 in virtual money to spend at any of the booths.

This program exemplifies the main goal of College Tech Prep program, which is to provide rigorous academics coupled with hands on or practical application.

T.F. Brown's once again hosting free community dinner on Christmas Day

By Howard B. Owens

For more than 20 years, the Mancuso family and the Batavia Lions Club have teamed up to host a Christmas Day dinner for any local residents who wish to join in a community meal on the holiday.

Seating times at T.F. Brown's this year will be at noon and 1 p.m. Reservations are recommended and can be made by calling Maud at 343-2091.

T.F. Brown's is not officially open on Christmas and there will be no bar service that day.

All are welcome to this free meal, which will offer the traditional Christmas Day fare of turkey, stuffing, mashed potatoes, cranberries, salad and dessert.

Local vendors supporting the dinner this year include Jeffrey Condidorio and Kathy Pettinella, who helped get food donated for the event. The Lion's Club contributes funds to ensure every child under 18 receives a Christmas present. Lion's Club members also work as servers, dishwashers and busboys.

Photo: From left, Ben Mancuso, Bob Swanson, president of the Lion's Club, Joe Teresi, and Rick Mancuso.

City manager says local governments need relief from unfunded mandates

By Howard B. Owens

Albany needs to tackle unfunded mandates before it imposes a property tax cap on local governments, says a resolution the Batavia City Council will be asked to consider at its meeting Monday.

In a report to the council from City Manager Jason Molino, he says mandates make local spending "artificially high."

The report doesn't specify what unfunded mandates the city is most concerned about, but does say that the New York Conference of Mayors has appointed a 20-member task force to identify unfunded mandates and recommend what to do about them.

In the early stages of looking at the 2011/2012 city budget, Molino says, there is a potential $1.1 million shortfall, due mainly to rising retirement costs.

Retirement costs are expected to go up by $371,000, but with the proposed property tax cap, the city would only be able to realize an additional $72,000 in additional revenue, leaving a deficit of $289,000. That deficit would mean a cut in city services, Molino said.

The city manager's report does not advocate a tax increase, and the proposed resolution notes that New York has some of the highest property tax rates in the nation. Taxes are high, according to the resolution, because state mandates imposed by Albany on local governments are so inefficient.

A property tax rate cap will only work, according to the resolution, if mandated expenses are repealed. It also says that without mandate relief, and a property tax cap, local governments will be forced to drastically reduce services and eliminate jobs.

Photos: Service to remember departed loved ones at Northgate church

By Howard B. Owens

Hundreds of local residents gathered at Northgate Free Methodist Church in Batavia on Wednesday evening for "A Service of Prayer and Remembrance."

The annual service sponsored by funeral home company H.E. Turner and Co., is a chance for people to remember loved ones who have passed and light a candle in their honor. The candles can then be taken home and relit on Christmas Day.

Rev. Greg Brotzman and Rev. Donald Shirk (pictured at the microphone below) participated in the service, which included music and a memorial sermon.

Police Beat: Teen charged with sexual misconduct for relations with younger teen

By Howard B. Owens

Michael Aaron Witkop, 18, of Ross Street, Batavia, is charged with sexual misconduct. Witkop is accused of having sexual intercourse with a girl under 17 years of age, who is considered too young to give consent.

Timothy J. McGall, 22, of Mill Pond Road, Byron, is charged with aggravated DWI and DWI. McGall was arrested Monday following an investigation into an accident on Swamp Road in Bergen at 10:10 p.m., Oct. 31. Based on an investigation by the Monroe County Toxicology Laboratory, McGall was allegedly found to be driving with a BAC of .18 or greater.

Brittany Lynn Frey, 20, and Scott Alexander Lawrence, 19, both of Griswold Road, Darien, are charged with petit larceny. Frey and Lawrence are accused of shoplifting from Kmart on Tuesday.

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