Batavia Downs is not closing.

That's the message this morning from Western OTB Board Member Dick Siebert, who was part of a committee that met with State Lottery officials in Schenectady yesterday.

"We want our friends in the community and our employees to know that they're not going to be out of jobs," Seibert said. "Batavia Downs is not closing and that never really was the plan according to them (Lottery officials)."

The OTB told Lottery officials that they will begin immediately the process of hiring a consultant to help Batavia Downs come into compliance with Lottery regulations. The consultant will be hired in cooperation with the Lottery.

There have been no allegations of any misuse of funds, missing funds or serious wrongdoing. The Lottery issued a letter Feb. 3 raising concerns about procedural and administrative practices at the Downs and threatened to pull its video lottery terminals by March 1 if the Downs did not take steps to correct the reported deficiencies.

Siebert said he believes Lottery officials are now satisfied that the OTB board has a plan and is on the right track to address the state's concerns. The March 1 deadline has been lifted, he said.

"I'm sure as long as we show we're working diligently to do what the Lottery wants us to do, I'm sure the Lottery will be flexible (on the deadline)," Siebert said.

The consultant -- which must be approved by the Lottery -- will help the Downs comply with Lottery requirements and ensure it remains open.

The Enchanted Florist, 202 E. Main St., Batavia, NY:  Spring is almost here, but you an make your home or office feel like spring now with flowers! We have a $20 gift certificate for $9.50.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years of experience helping women get the best hair color. We have a $50 gift certificate for $25.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 eac

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: The Batavian is able to offer a limited number of reduced price hair cuts for children under 12. Click Here for details of the offer and to purchase vouchers.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here

A person reportedly has a minor hand injury, but is trapped inside a vehicle following an accident in Corfu.

East Pembroke Fire and Mercy EMS have been dispatched to the intersection of Route 5 and Hartshorn Road.

It's time for Genesee County to update its emergency preparedness plans, and today the Public Safety Committee approved spending $89,355 of Homeland Security grants on a consultant to help get the job done.

Emergency Response and Global Security Solutions, out of Cadillac, Mich., has been selected to help Genesee County's emergency management team get local preparedness plans in order.

Emergency Management Coordinator Tim Yaeger said bringing in a consultant is necessary because of the time involved in preparing the plans, and to ensure that the written documents meet state and federal specifications.

"Completing a thorough plan that complies with state and federal regulations is very time consuming," Yaeger said.

The series of plans will cover responses from emergency personnel ranging from pandemic disease outbreaks to airplane crashes to extreme weather events.

The plans include ones on dealing with mass fatalities, special needs sheltering (for people, for example, with disabilities), animal rescue (dealing with pets when whole areas need to be evacuated and people don't want to leave their pets behind) and a comprehensive county plan.

"Once the plan is developed, that plan identifies needs, gaps to be filled and we start addressing them through training and exercises," Yaeger said.

Among the most likely scenarios emergency personnel need to be ready to deal with are ice storms or blizzards, Yaeger said.

After natural disasters, emergency personnel need to be ready to handle hazardous material spills, either because such materials are stored in the county or often get transported through the county on trains or in trucks.

Genesee County isn't a likely to be a priority area for a terrorist attack, Yaeger noted, but deadly diseases can strike anywhere, and officials and volunteers need to be be ready to deal with any such outbreak.

After entering Mike Hilchey’s town of Elba home, the first thing that caught my eye was the number of fishing rods lining the wall. Turning to hand him my jacket, I saw the glass covered display cases full of vintage spoons and spinners. And that’s just inside the entranceway.   

As Mike leads Claudia and me through a narrow hall, we see a few paintings on the wall, mostly waterfowl, including one signature Roy Mason watercolor. Entering the den was like stepping back in time five, six, seven decades and more. Here was the treasure trove of vintage fishing lures: hand-carved wooden lures with glass eyes, bronze spinners, deer hair frogs & mice for the fly-fishermen, even a tiny Redeye Wiggler made for the fly-rod. And that barely scratches the surface of his collection.  

There are boxes bearing the names of Heddon, Creek-Chub, Eppinger, Arbogast and others, all synonymous with noted fish catchers of the mid-20th century.  Others are dated even further back in time, bearing the names of South Bend, Pleuger, Chapman, and the Paw-Paw Bait Co. There is also a collection of Buell spinners from the late 1800’s.

Mike was born and raised locally. The Hilchey homestead was on Trumbull Parkway, but his dad, the late Weldon Hilchey made his living in rural Genesee County. “Dad had a welding shop in Elba and he knew all the local farmers. Any that had farm ponds we had access to,” Mike stated. As a result, Mike began wetting a line with his dad early in his formative years, decades before Take a Kid Fishing became a slogan.   

Fishing was hot in those years for the father and son, and there were days when it seemed like the bass were just waiting for the lure to hit the water. “Some days we’d catch a fish on almost every cast.” he said. There were also yearly family trips to Canada, up beyond North Bay, Ontario. “Me, mom, dad and my sister all fished. We fished for everything, pike, bass and walleye.” 

Having listened to Mike Hilchey’s accounts of fishing trips to local farm ponds with his dad, of family outings to Canadian waters, its no wonder he’s taken to collecting vintage lures. Then I asked how long he’s been at it.

“Roughly I’ve been collecting for 28 to 30 years” he said. “I got started before many people got into it. At that time I could go to flea markets and garage sales and buy a whole tackle box full of lures for as little as $20 or $25.”       

Today many of Mike Hilchey’s mint condition lures are listed anywhere from $100 to $150 apiece. Some, like the Heddon Spin Diver, command an even higher price. “You can’t get one for under $500”, he said. Still, the Spin Diver’s price tag is not the costliest among his collection. When Claudia asked if he had come across any really unusual or unique stuff, he replied, “I’ve had my share of good finds – sold some, traded others” he said. One of his most valued is the Shakespeare Rhodes Minnow, pictured below. For vintage lure collectors, a mint condition “Rhodes” is considered a rarity and will command a price in the thousands!

His passion for collecting vintage fishing lures hasn’t put a damper on Mike’s angling enthusiasm. For the most part his days of farm pond angling are a thing of the past and he now spends much of his time on the bass tournament circuit. Now retired, Mike Hilchey puts his boat in the water sometime after ice-out, fishing every chance he gets until November 30, the day bass season closes. 

 Below are a few more photos from Mike's yesteryear collection

An unusual splatter-finish

A 1942 South Bend fishing catalog

About 70 parish workers, clergy and volunteers from Genesee, Orleans and Wyoming counties took part in a luncheon and volunteer training workshop Saturday at Bohn’s Restaurant & Lounge in Batavia. The annual event was held in preparation for the 2010 Appeal for Catholic Charities, which carries a goal of $10.5 million.

Fund-raising events and activities for the annual campaign are already under way. One week in particular – Appeal Week which will take place March 21 through March 28 – is vital to the overall campaign as parishes across Western New York will celebrate those parishioners who have already donated, and encourage those who have not yet donated to consider what they can do. The theme for Appeal 2010 is “Whoever. Whenever. Wherever.” capturing the very essence of the organization’s mission - to serve anyone in need throughout our eight-county region, empowering individuals, children and families to achieve and maintain meaningful, healthy and productive lives.

Catholic Charities serves tens of thousands of people across the eight counties of Western New York each year. Catholic Charities helped more than 3,200 people from Genesee, Orleans, Wyoming counties alone in 2009; through such programs as emergency assistance and advocacy, Our Kids: Parent Education and Awareness Program, Domestic Violence Program for Men, the School Intervention Service program in LeRoy schools, and ProjecTruth.

Bishop Kmiec recognized that the Appeal goal of $10.5 million is an aggressive one, but he reminded attendees at today’s workshop how essential this year’s Appeal is to the Western New Yorkers in need, who depend on Catholic Charities each day.

“Our goal is 10.5 million dollars, down slightly from a year ago, reflecting the challenges we face raising funds in the current Western New York economy while also taking into consideration the ongoing, and great necessity for the programs and services we offer,” he said.

Offices in Batavia, Warsaw, Albion and Arcade provide individual, couples and family counseling, as well as assessment, evaluation, assistance or referral to Catholic Charities or other community programs as appropriate.

The agency also offers other specialized programs in the area, including Our Kids: Parenting Education and Awareness Program for separated, divorced or never married couples experiencing conflict raising their children, and a Domestic Violence Offenders Program, a court-mandated program that holds offenders accountable and works for change to end domestic violence.

Those in attendance heard from a counseling client* who shared her story about how she found herself at Catholic Charities in Batavia after fleeing a domestic violence situation at home.

“I had tried in the past to reach out for help – and when I didn’t find it, I felt trapped,” she said. “So I left home, and found myself living in a safe home that helped me meet my immediate needs. From there, I was referred to Catholic Charities. My counselor Tammy helped me to get back into my career and into a situation at home that is healthy for me and for my children. Catholic Charities is my lifeline for support.”

Also in attendance at the event were Sister Mary McCarrick, interim diocesan director of Catholic Charities; 2010 Appeal Chair Michael “Mick” Whipple; members of the Appeal leadership team; Paul Battaglia, CPA, member of Catholic Charities Board of Trustees, who served as emcee for the luncheon., as well as community volunteers, clergy and lay leaders from the 19 parishes in Genesee, Orleans, Wyoming counties.

Sister McCarrick said, “Catholic Charities is always there for whoever is in need of help …infants, children, the evicted adult and single parent, low-income families; wherever help is needed –– we are in every city in Western New York, and whenever help is needed – in a troubled marriage, with parenting skills or in a basic needs crisis.”

Appeal Chair Mick Whipple recognized and thanked the volunteers in Genesee, Orleans and Wyoming Counties who have once again pledged their time and commitment to the Appeal.

He went on to tout the efficiency of Catholic Charities and how each donation will help.

“Catholic Charities is an excellent steward of donations – fund-raising costs are very low, at about seven percent, administrative costs are just 11 percent,” said Whipple. “Share the story you heard today – the success story – with people you come across so they know that when they donate to this organization, change happens.”

Catholic Charities is the most comprehensive direct human service provider serving all eight counties of Western New York, with 70 programs and 61 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.

The goal for the 2010 Appeal is $10.5 million and is under the patronage of Saint Damien.

For more information on the 2010 Appeal or to make a donation, contact Catholic Charities at (716) 218-1400 or go to www.ccwny.org.

*Client wished to remain anonymous.

Alexander John Delahanty, 20, of 29 Woodstock Lane, Brockport, is charged with criminal possession of a forged instrument. During a traffic stop in Bergen at 6:10 p.m., Sunday, by Deputy Matthew Butler, Delahanty was allegedly found in possession of a fake Colorado driver's license.

Accidents reported on the state police blotter:

12:55 p.m., Feb. 14, Broadway, Town of Darien, two vehicles; Driver 1: Scott R. Dalba, 44, of Oakfield; Driver 2: Steve M. Trader, 35, of Attica. One reported injury.

2:30 p.m., Feb. 14, Phelps Road, North Pembroke, one vehicle; Driver 1: Joseph A. Dicenso, 49, of Oakfield. No injuries.

11: 32 p.m., Feb. 14, E. Main and Ross streets, City of Batavia, two vehicles; Driver 1: Charles A. Ledger, 21, of Medina; Driver 2: Thomas E. Wolfe, 32, of Batavia. No injuries.

 In times of a tough economy, there is only one way to find a guaranteed job; you have to create it and that’s just what current Genesee Community College student and the college's CEO Club President, 20 year old Tim Walton did.

During the summer of 2007, Tim was going into his senior year at Batavia High School and had a busy schedule ahead since he was the captain of the Batavia Ice Devils varsity hockey team and school mayor. This left a lot of responsibility but not a lot of time to hold a job.

After a childhood where Walton had owned a lemonade stand at age 8, on Meadowbrook Golf Course, managed the ice rink sound booth since age 12, and owned a web based business at age 16, Walton always had the mindset to be his own boss. “I knew that when I got older, I wanted to sell things, own my own business, and be creative with it at the same time”. That was when Walton, who has always been artistic, decided to explore graphic design and jobs that go along with that. “I thought to myself; I like designing things, why not design stuff to put onto shirts and mugs?”  He then contacted a local print company to print clothing and other companies to print the promotional (pens, mugs, etc) wholesalers that would print the products for him, and allow him to resell them to his customer at the retail value. This is when Walton, officially launched his home based, yet professional, TopLine Shirt Company.

While selling products for the wholesalers, Walton, who was self taught in the graphic design field, secured a contract job as the graphic artist for one of the local screen printing shops, which gave him the edge in learning the industry and a steady cash flow. Being dedicated to what he was doing, Walton wanted to expand what he did, and not rely on others to print his orders. After not taking a personal pay check for the months during the start of his business, Walton saved all the money and purchased one of the only digital printers in Western New York, which allows for full color prints on clothing. “Digital printing basically dyes the image into the fabric. It’s especially beneficial for low-minimum orders, lots of colors and photos”. This was a niche that gained Walton a large advantage over the other screen printing and print shops. “It replaced the old method of applying heat sealed photos that eventually just crackle off”, he said. “For me it was something I could be proud of. I made my mark on the local industry and it was showing that I could do whatever I put my mind to”. 

For Walton, this was the niche that he needed. Within six months, Walton had picked up so much business that he was finding he needed to stay up all night at times, printing to fulfill his orders. Six months later, Walton had saved to expand once again and bought his own screen printing equipment. “When I got my screen printing equipment, I finally felt as though I was a complete shop”. Walton’s screen printing equipment allows him to print up to 300 shirts per hour, as well as other materials such as jackets, sweatshirts, bags and much more. “If you come to me to get something printed, I can either print it myself or I have a wholesaler to do it”. This one-stop shop mentally along with Walton’s marketing/business background have allowed him to quickly make an impact on the local market, while securing customers from Pennsylvania and Ohio and as far as Florida, Texas, California and even Canada.

 “I started by selling items other people printed, now I am the one doing the printing for people that want to sell what I do. It’s really exciting to know that all my hard work is finally beginning to payoff."

Walton currently does not have a store front, which has been beneficial, although he states that is currently in the works, and operates out of his house as well as a warehouse shop that his friend’s family allows him to use. “Keeping my fixed costs low allows me to bring high quality products to my customers at a lower price.” To place orders or for more information, you can contact him on his business cell phone at (585) 813-4374, email twalton@mytopline.com or through his website at www.mytopline.com.

Did you enjoy the sun today? Good. Because you're not likely to see it for at least four or five days.

Snow returns tonight, with less of an inch of accumulation, and then another inch expected in the morning, with some bit of snow predicted for each of the next three days.

Temperatures will range from the low 20s at night to the low to mid 30s during the days.

Above: I wanted to play around with some low-light photography. Even so, I got a late start. I drove out toward Alexander on Route 98, turned right on Dodson and found this cemetery with a barn in the distance.

At what point is the City of Batavia responsible to replace my garbage can because it was hit by a car again when it was not placed away from the edge of the curb on a windy day?  I leave the house before the trash collector arrive and I return after 4 sometimes after 10 pm on garbage day.  I can't be there to take my can back up.  But you can bet that if I put a bunch of bricks in the bottom so it can't blow away I would get a citation for something. 

Replacing my can every 3 months is getting ridiculous.  Either let us get cans like Suburban Disposal that a heavy enough not to blow away except in the worst storms and get a lift on the trucks, or come up with some other solution before I bill the city.

Gigi Dombrowski pushes son Dane, 3, down the snow covered slope of Centennial Park this afternoon. With the sun out and temperatures in the 30s, it was a great day to snowboard in the park.

Below, Devon, 6, and Angelique, 5, who were in the park with their grandfather Wayne Hintz (not pictured), take their own ride.

The future of the Batavia Elks Lodge, #950, hangs in the balance, but could be decided as soon as tomorrow, according to Ruler of the Elks, Timothy Garlock.

"We need to reorganize and shape up," Garlock said. "Some folks will not be in the same positions. We can't do the same things we did prior to closing and that's the bottom line."

As The Batavian first reported Saturday, the local Elks Lodge had its charter revoked for a reported problem with complying with Grand Lodge requirements.

Kenneth Burns, one of the three trustees appointed to oversee the lodge, said he wanted to stress that there is no allegation of misappropriation of funds or anything similar.

"I don't want any rumors started against these guys," Burns said.

He characterized the Grand Lodge revoking the local charters as merely an administrative matter.

Like Garlock, he doesn't know what's ahead for Lodge #950.

"I"m not really in a position to say much," Burns said. "It (the closing) could be temporary. It could be long term. It could never (open again)."

Garlock said the lodge has been operating in sound financial shape, paying all of its bills and it has money in the bank. He said it has 210 members.

"We continue to have an impact on the local community," Garlock said. "Like a lot of volunteer organizations these days, we could stand for a few more bodies, but times are what they are."

Among the Elks' charitable activities is a recently completed free-throw basketball tournament and there are local students currently having essays judged in a national Elks scholarship contest.

Garlock also confirmed that the Elks building at 213 E. Main St. is owned by the Grand Lodge and not the local lodge.

Garlock said he could know Lodge #950's fate as soon as tomorrow.

Charles M. Blatt, III, 47, of 317 E. Main St., upper, Batavia, is charged with harassment 2nd and disorderly conduct. Blatt is accused of becoming disruptive at 9:15 p.m. on Saturday inside Batavia Downs Casino. When he was approached by security personnel, he allegedly attempted to strike a security officer. He also allegedly became verbally abusive. He's also accused of flipping over a security desk. Blatt was jailed on $1,500 bail.

James A. Hancock, 40, of 8289 Lewiston Road, Batavia, is charged with harassment 2nd and criminal contempt 1st. Hancock is accused of going to his ex-girlfriend's house on Elm Street on Feb. 4 and hitting her in the head. In doing so, Hancock allegedly violated an order of protection that prohibited contact with the ex-girlfriend and to engage in no offensive conduct. Hancock was jailed without bail.

Sidney M. Jonathan, 44, of 6988 Meadville Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, improper left turn, failure to yield half the roadway, operating with a cell phone, unregistered motor vehicle, uninspected motor vehicle and aggravated unlicensed operation. Jonathan was reportedly involved in a property damage accident at 12:14 a.m., Saturday, at the intersection of Judge and Poodry roads.

Timothy J. Stephens, 28, of 3 Norris Ave., Batavia, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Stephens was reportedly stopped by Officer Kevin DeFelice at 1:47 a.m., Saturday.

Kernardo R. Fields, 19, of 67 Walden Creek Drive, Batavia, is charged with unlawful possession of marijuana. Fields was cited by Officer Dan Coffey at 2:10 a.m., Saturday.

Sath P. Dhanda, 29, of 5458 Clapsaddle Road, Bethany, is charged with disorderly conduct. At 10:48 p.m., Thursday, Dhanda was reportedly at Larry's Steakhouse, 60 Main St., Batavia, when he allegedly caused a disturbance by shouting obscenities in a public place. He was jailed on $1,000 bail.

Joseph C. Barone, 30, of 317 E. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Barone was reportedly involved in a minor accident at 1:10 a.m., Saturday, on Route 33 in Bergen.

William R. Crosby, Jr., 29, of 2717 Marshall Road, Medina, is charged with unlawful possession of marijuana and inadequate tail lamp. Crosby was stopped by Deputy Chris Parker at 11:14 p.m., Saturday on Route 77 in Alabama. Crosby was allegedly found in possession of a pipe and a grinder and both allegedly had marijuana in them.

Teresa Ka Yan Tam, 26, of 416 Lafayette Ave., Buffalo, is charged with DWI, driving with a BAC of .08 or greater and speeding. Ka Yan Tam was stopped at 1:35 a.m., Saturday, by Deputy James Diehl on Route 5 in Pembroke for allegedly speeding.

Michael W. Smith, 31, of Batavia, is charged with assault 3rd. Smith was arrested by State Police at 11:32 a.m., Saturday, in the Town of Batavia. No further details were released.

Andrew L. Kosiorek, 38, of Batavia, is charged with DWI, unlawful possession of marijuana and aggravated unlicensed operation. Kosiorek was apparently involved in a  traffic accident (no details provided) and was arrested by state police at 12:19 a.m., Sunday.

Matthew C. Cardinale, 30, of 18 Miller St., Seneca Falls, is charged with disorderly conduct. Cardinale allegedly caused a disturbance in the bar of the Holiday Inn at 2:10 a.m., Monday. Cardinale was allegedly swearing in public and refused to listen to hotel staff. After deputies arrived, they told Cardinale to leave the bar and he reportedly would not comply, and continued to swear in public, "causing alarm and annoyance." Cardinale was jailed on $500 bail.

Nocole Kate Hagadorn, 31, of 18 Miller St. Seneca Falls, is charged with disorderly conduct. Hagadorn was arrested at 2:39 a.m., Monday, in the lobby of the Holiday Inn for allegedly causing a disturbance. Hagadorn was jailed on $500 bail.

Anthony Christopher Sistrunk, 19, of 309 E. Glen Ave., Syracuse, is charged with menacing 3rd and harassment 2nd. At 11:52 p.m., Sunday, deputies responded to an alleged physical domestic fight at College Village. Sistrunk was arrested and charged with the listed offenses.

Accidents from the state police blotter:

2:20 p.m., Feb. 13, Bloomingdale Road, Alabama, two vehicles; Driver 1: Jacob J. Everett, 29, of Williamsville; Driver 2: Laura L. Vosburgh, 30, of Lancaster. No injuries reported.

12:58 p.m., Feb. 11, Asbury Road, Town of Le Roy, one vehicle; Driver 1: Jordan D. Boyd, 17, of Le Roy. No injuries reported.

A number of local landlords are deeply concerned over the Batavia City Council's decision a week ago to deny Michael Pullinzi the chance to buy a piece of property he won at city auction.

The 5-4 vote punctuates a growing frustration with the code-inspection process, which they say puts an unfair burden on the landlords without holding tenants accountable.

Jeremy Yasses (pictured), an Oakfield resident who owns eight properties in the city, as well as several other tenant-occupied buildings outside of Batavia, describes himself as a budding entrepreneur who is trying to build a real estate business.

The 13 citations mentioned by the council against Pullinzi as the reason for denying him the chance to purchase 9 Willow St., is piddling compared to other landlords, according to Yasses. Other landlords, both on and off the record, say much the same thing.

Yasses, for his part, readily admits to getting between 40 and 50 citations a year from city inspectors.

Almost all of them, if not all of them, are for things tenants have done.

And that's the problem, according to Yasses. Tenants are not held accountable, so there's no motivation for them to change. If a tenant puts his garbage out on Wednesday, Yasses gets a notice, so he goes and picks it up on Thursday to correct the violation. Then the same thing happens the next week, and the next.

"Did we get to the root of the problem?" Yasses asks.

"I own the property. I’m held accountable," said Yasses. "I’m not passing the buck, but have the tenant standing right there next to me (in court). That’s how you hold them accountable."

Terry Platt, who operates one of the largest residential rental businesses in the city, said he's no stranger to receiving violation notices for things tenants have done, and he's concerned, also, that the current system isn't really helping to address the problem.

"There's no tenant responsibility," said Platt, who also serves on the city's Neighborhood Improvement Committee (NIC). "We can kick them out, but if they move out, they just move to someplace else in the city and do the same thing over again. How is the city going to clean up the city if there is no tenant accountability?"

(Point of disclosure: Platt is my landlord.)

From the city's perspective, the only option is to hold the landlords accountable. They're the ones who own the property and the only recourse for the city is to cite property owners for any problems outside a house or apartment.

City Council President Marianne Clattenburg said residents want to live in a cleaner city and the citations landlords receive is, at least in part, just the cost of doing business.

"We really don't have a lot of recourse as far as the tenant goes," Clattenburg said. "The only person responsible is the property owner. That's just the way the system is."

Clattenburg is no stranger to getting cited for violations she didn't cause. Two years ago, then-City Inspector Mike Smith wrote her up because her garbage can was next to her house, rather than behind it. The notice came, said Clattenburg, on a day the staff was conducting a citywide sweep on code enforcement. Her trash had been picked up that morning and she was at work, when her father-in-law, who lives next door and has health problems, moved her trash can from the street just to help out.

Still, Clattenburg, a school teacher, thinks landlords need to do a better job of policing the conduct of their tenants, perhaps offering incentives, such as rent breaks, for not getting citations.

"The landlords are in business," Clattenburg said. "If it wasn't a business, if they weren't making money, they wouldn't be doing it. Every business has obstacles and faces difficulties. That's just part of owning your own business. You figure out ways to deal with that."

Yes, it is a business, landlords will tell you, and because it is a business, solutions don't come as easily as city officials seem to think they should.

As we spoke while standing in the front room/kitchen of a house the 33-year-old Yasses is rehabilitating on Thorpe, Yasses said the best he could hope for from that piece of property was $250 per month net profit. That's after mortgage, flood insurance and taxes are paid, and only if the tenant paid the water bill and pays rent on time and there was no maintenance on the 100-year-old building.

“That’s not a lot, especially when you look at the fact that I’ve got four vacancies and I just spent five grand here," Yasses said. "If you take all that into account, that’s two years income all right here in one house.”

Meanwhile, he's grappling with the city over a tenant's car that has no license plate. The tenant, Yasses said, is a essentially a single mom (her husband doesn't work) who works part-time at a fast-food place. She can only use her mobile phone for text messages because all she can afford is a $10-per-month plan. She couldn't afford insurance on her car, so she had to remove the license plates. The city cited Yasses and said it needed to be covered with a tarp.

"So I hounded her, 'put a tarp on it, put a tarp on it' because Ron (Panek, city inspector) hounded me, 'put a tarp on it,'" said Yasses. "She went and bought a blue tarp, covered it. It’s not good enough. You need to have a tarp that’s fitted to the car. I didn’t even know that. So Ron goes, 'we’re going to have to go to court then.' I said, ‘fine. We’ll go to court.’

"Now wait a minute," Yasses added. "We paid a guy to make three visits and make two phone calls, and now we’re going to pay the city attorney to take me to court for a tenant’s car? And we’re hurting for money in the city? Maybe we need to tighten up our belts and our shoelaces a little bit and figure out what’s going on. That’s my point – I think we’re wasting some money and we’re just masking the problem"

Yasses thinks city officials and some NIC members don't have enough experience dealing with low-income people to really understand what many landlords are up against.

Eviction, of course, is an option, but it can also be difficult and expensive, especially if a tenant has been paying his rent on time. It begins with $500 in legal fees and ends with cleaning up the apartment (which can be especially costly if the tenant took vengeance on the evicting landlord) and then searching for a new tenant. The process can take months, especially if a good-paying tenant fights the eviction.

And in the end, a landlord may not even have improved his tenant situation.

"The new tenant is going to be the same pool of tenants," Yasses said. "The next tenant is going to be the same quality – and I don’t mean it that way, because they’re good people, just down on their luck – the next tenant isn’t going to be any better than what I had. We need to train them and teach them and hold them accountable, along with us."

City officials, NIC members and his Fifth Ward Representative Kathy Briggs need to come down on Thorpe and meet some of his tenants and see what he's doing to rehabilitate his buildings, Yasses said. He repeated several times that his tenants are good people just having a hard time, and that he's doing everything possible to improve the quality of his holdings as fast as he can in order to attract, hopefully, better tenants. But it takes time and money, he said.

“I’m doing the best I can," Yasses said. "You can’t get anybody decent to come down on Thorpe Street. When I bought this about four years ago, there was a ton of drug activity right here and right next door, bad, bad, bad. I got fed up, thought I could be the hero and forced these landlords to sell me these houses to get rid of the garbage. I can say right now, I have no drugs down here."

The property Yasses owns on Watson, Thorpe and Maple were probably bad investments, Yasses readily admits. He's losing money on them and gets by only because his investments in other jurisdictions are doing well.

And that's part of the problem -- Yasses said he doesn't have issues with municipal officials in other jurisdictions that he has in Batavia.

“I rehabilitated a four-unit in Middleport and they absolutely love it," Yasses said. "I’m putting my money where people appreciate it. ‘Wow, Jeremy, you put a new roof on, you painted, new windows – this looks great.’”

If he could walk away from his Thorpe area properties and take a $10,000 loss on he each, he said he would, but he doesn't have that kind of money. So he's committed to doing the best he can with them. He has no choice.

“I don’t want this to be a negative thing on the city," Yasses said. "The main problem is, you’ve got to have tenant accountability. I’m not the one putting the trash out. I’m not the one with the vehicles. If you really want to change, that’s what we need to do. Not by fining me. You can fine me. I can go before the next judge next Friday (on the car/tarp case)  – I hope he doesn’t take offense if this gets out there – but he could fine me five grand. He could put me in jail. But at the end of the day, the car still isn’t covered or taken care of because we didn't go to the source."

Submitted by Tammy Cassidy:

Oakfield-Alabama Elementary School employees, pictured in their “Fight Like a Girl” T-shirts, show support for Mrs. Esther Goodrich, who is battling breast cancer. Mrs. Goodrich is the wife of the school district’s Director of Special Education, Mike Goodrich. Thanks to elementary school Principal Mark Alexander, teachers and staff enjoyed a dress down day. All proceeds will benefit Genesee Cancer Assistance.

Last week, the Batavia Masons presented Paul and Bridget Ohlson with a $500 check to support their Cara-A-Van Ministries.

"We were proud to be able to make a small contribution to such a worthy cause," said Jim Rosenbeck (handing the check to Paul), Master of Lodge #475 of the Free and Accepted Masons. 

"Our lodge has decided to begin regularly identifying worthy causes within the community to financially support," Rosenbeck added. "With membership in all community service organizations dwindling, we feel that this is one way that we can help make a difference in Batavia."

Five years of training and practice are starting to pay off for Jonathan Fisher, a punter for Oakfield-Alabama Central School.

According to his father, Kurt Fisher, he's been invited to Senior Camps at Division I schools, such as Syracuse, Rutgers, Louisville, W. Virginia and Illinois.

Currently, Fisher is ranked the #1 punter in New York on MaxPreps.com.

"He's put in a lot of time and effort," said Kurt Fisher. "It's nice to see it paying off for him."

This summer Fisher will be attending Senior Camps to showcase his talents in front of college coaching staffs.

He finished the 2009 season with 19 punts for 888 yards and a 46.7-yard punting average.

So far his invites for Junior Days include one on Feb. 20 at the University of Pennsylvania and on Feb. 27 at Syracuse. He'll also be participating in an upcoming session with college coaching staffs in Buffalo.

Fisher is on the verge of striking the big time in college football a season after another O-A product, Matt Waldron, put together a big year as the #1 kicker at Virginia Tech. Waldron made all 58 of his point-after attempts and 20 of his 23 field-goal attempts, with only one of his misses coming within 40 yards. He scored 108 points for the year.

At about 3:40 minutes into this video, you can watch Fisher practice his kicking during half-time of O-A's playoff game at Cal-Mum.