batavia

A local man admitted in court yesterday to attempted burglary, 3rd, in connection with a break-in at a home at 15 Fairway Drive, Batavia, on Oct. 22.

Chad M. Johnston, 23, told Judge Robert Noonan that he did knowingly enter the residence without permission of the owner and attempt to steal items from the house.

Johnston was in the process of stealing more than $1,000 in household items, including appliances, from the residence, according to Asst. District Attorney Will Zickl, at the time of his arrest.

With a prior felony conviction, Johnston, under terms of a plea agreement, will be sentenced to one-and-a-half to three years in prison.

UPDATE: The Sheriff's Office has provided a little more information on this arrest.

Johnston was charged Oct. 23 with burglary 2nd and criminal possession of stolen property. He entered the residence at 15 Fairway Drive in the Town of Batavia and stole a Maytag washer and dryer, a Whirpool refrigerator and Cub Cadet lawn mower. Upon his arrest, he was found in possession of the stolen property along with a small safe containing paperwork from the residence. All of the items were recovered.

There was also an outstanding parole warrant for Johnston at the time of his arrest.

Barbara E. Ferrando, 38, of 53 W. Main St., Apt. 101, Corfu, is charged with harassment, 2nd. Ferrando is accused getting into a dispute with a store clerk. During the alleged confrontation, she allegedly reached behind the counter and struck the clerk with a plastic coffee mug, causing minor injuries.

Jessica J. Moscicki, 19, of 19 Briarwood Terrace, Batavia, is charged with aggravated unlicensed operation, 3rd and criminal impersonation, 2nd.  Moscicki was charged after allegedly giving a false name to Officer Ed Mileham during a traffic stop in the Tops Market parking lot at 2:30 p.m., yesterday. After further investigation, her identity was discovered and it was revealed she had a suspended license.

Brian L. Smith, 48, of 4128 Colonial Blvd., Batavia, is charged with criminal contempt, 2nd. Smith is accused of violating a court order by sending computer messages to a woman in Florida. Smith was allegedly barred from any contact with the woman. The messages were reportedly sent on Feb. 16. He was arrested yesterday around noon.

Mark Paul George, Sr., 51, of 3281 Broadway Road, Alexander, is charged with harassment, 2nd. George allegedly got into a dispute with a woman in Darien over some property. When the other person attempted to contact the police, George allegedly struck her hand, knocking her mobile phone away. There were no injuries reported.

Harry J. Reed, 28, of Rochester, was charged by State Police with DWI. Reed was stopped at 42 Green Knolls Road, Stafford, at 8:42 a.m., Monday. No further information is available.

Accidents from the State Police blotter:

3:38 p.m., Feb. 22, Barrville Road, Elba, two vehicles; Driver 1: Mary R. Prior, 67, of Batavia; Driver 2: Kim C. Clark, 59, of Attica. No injuries reported.

10:18 p.m., Feb. 22, Lewiston Road, Alabama, one vehicle; Driver 1: Brandy L. Golding, 35, of Akron. No injuries reported.

5:40 a.m., Feb. 23, Attica Road, Darien, one vehicle; Driver 1: David M. Roberts, 39, of Attica. No injuries reported.

4:37 p.m., Feb. 22, Mile Marker 397.4, Thruway, Pembroke, one vehicle; Driver 1: Michael H. Moran, 20, of Batavia. No injuries reported.

4:44 p.m., Feb. 22, Mile Marker 403, Thruway, Pembroke, one vehicle; Driver 1: Allessandra R. Falcao, 27, of Kearny, NJ.

12:03 a.m., Feb. 23, Mile Marker 394.7, Thruway, Batavia, one vehicle: Driver 1: Michael R. Eaton, 34, of Rush. No injuries reported.

A 23-year-old former Batavia resident who snatched a wallet from a fast-food patron last fall pled guilty this afternoon to attempted robbery in the third degree.

Misty Guadagno -- who used to live on State Street, but now resides at 1713 Lake Road, Apt. 2, in Hamlin -- admitted to Judge Robert Noonan in Genesee County Court that she forcibly stole a wallet from a Batavia woman on Nov. 13.

The victim was waiting at the counter to place an order at Wendy's when Guadagno pushed against her, took her wallet and ran out, heading toward Genesee Country Mall. A man who'd been eating lunch in the parking lot saw the commotion and chased her down. The citizen, along with two others, kept custody of the thief until police arrived.

The wallet and its contents were retrieved, except for the money, which seemed to have just dispappeared.

Guadagno appeared in court by herself, wearing tight, faded jeans and a tight, light gray hoodie. Her straight blond hair was pulled back in a ponytail. As always, the judge asked the defendant what was the last year of school completed. She told him she graduated high school with a diploma and has completed one and a half years of community college.

When questioned about the crime, Gaudagno told Noonan that she "took several pills that day" and she was "coming off a lot of drugs."

"The whole day was actually a blur," she said.

At this point, Noonan enlightened her about the ramifications of this contention. He said this was an intentional crime and that if it went to a jury, the People would have to prove, not just the theft, but the intention to commit the crime.

But if she were to maintain that being under the influence of drugs impacted her thought process, and the jury thereby found her unable to show intent, the case could be dismissed. So in pleading guilty, she gives up the drugs-made-me-do-it defense and the possibility of dismissal.

District Attorney Lawrence Friedman said the paperwork from the arresting officer states the defendant explained her actions in detail and when asked if she was on drugs, she said, no, she didn't have the money (to buy them).

A recess was declared so counsel Melissa Cianfrini, who is temporarily handling the case for Public Defender Gary Horton, could explain the legal points. They left the courtroom for three minutes and returned. While waiting for the judge to return, Guadagno sat with Cianfrini. They chatted, the defendant re-wrapped her ponytail, appeared at ease, animated and giggling at times.

After Noonan returned, he accepted her plea, wherein she waived indictment by a Grand Jury and said she was guilty of attempted robbery in the third degree, a Class E felony.

She faces up to six months in jail, five years probation, a $5,000 fine, a mandatory $350 surcharge, $50 DNA data base fee, restitution and a 10-percent penalty fee is she fails to pay the unspecified restitution on time. A one-year order of protection was issued for her to stay far and away from the victim in the case.

Her next court appearance is called a pre-sentence investigation, set for 9:15 a.m. on June 17.

She was free to leave until then, despite Friedman's concern about her ability to appear again as promised, based on her actions Monday.

It seems that her case was originally set for 11 a.m. and she didn't show, but called to say she had car trouble and would be there later, at 4:30. The prosecution submitted a petition for a bench warrant, but since the judge wasn't going to be available that late in the afternoon, he rescheduled the case for 2:30 today.

"It was the worst possible time for her to have car trouble," Cianfrini told Noonan.

Previously: Suspected purse snatcher nabbed in Batavia

It's now official -- city property owners can expect a 1.5-percent rate increase in property taxes.

On a 7-2 vote last night, the Batavia City Council approved the 2010/11 budget, which comes in at $21.7 million in expenditures.

The no votes came from Councilman Sam Barone and Councilwoman Rose Mary Christian.

"If this budget passes, the only thing we will be doing is squeezing and choking off the middle class," Christian said.

Christian's areas of concern, she said during the meeting, were legal fees, community celebrations, a drop in sales tax last month, the high cost of youth services and she called $527,000 for parks "outrageous." She also objected to the transfer of water funds to the general fund and said the contingency fund is much too low, especially since it's likely that police officers will win an arbitration case granting them retroactive pay raises.

Christian also complained that constituents in the Sixth Ward have reported high reassessments, from $7,000 to $11,000 more, for their homes.

"This is really going to hurt these people," Christian said.

During the public comments section of the meeting, before the budget vote, city resident Daniel Del Plato spoke vehemently against the proposed budget, saying city taxpayers couldn't handle any further tax increases.

"You're trying to get blood from stones," Del Plato said.

She also objected to a pay raise for non-union employees, which did pass in a separate motion on a 5-4 vote. Voting no were Christian, Barone and council members Bill Cox and Bob Bialkowski.

The council also approved plans to raise water rates and seek bonds to fund the start of a five-year or longer process of water infrastructure upgrades. Barone voted no on both resolutions.

A proposal to consolidate Batavia's city and town governments is moving forward again.

It appeared that the consolidation effort stalled in August when, on a motion by Councilman Sam Barone, the city council voted 5-4 to table a resolution calling for a public hearing on the process.

Last night, again on a 5-4 vote, the council passed a resolution to apply for a grant to fund creation of a new city charter for a consolidated government and to sign an agreement with the town to appoint a consolidation task force.

The council members who opposed moving forward with the task force and charter process -- Bill Cox, Sam Barone, Rose Mary Christian and Bob Bialkowski -- said they didn't want to see any further effort wasted on talk of consolidation without a clear understanding that people in both jurisdictions wanted bring the city and town together.

Bialkowski asked if a referendum could be held, but City Manager Jason Molino said there were no provisions in state law to allow for a referendum vote without first writing a charter, so Cox asked if maybe the three local media outlets could conduct a survey.

Speaking in favor of moving forward, Councilwoman Kathy Briggs said, "We’ve got to have the facts. We’ve got to have the pros and cons. There are a lot of people who are undecided because they don’t have the facts.”

Councilman Frank Ferrando said he didn't think the public had enough information to make an informed decision just yet about consolidation. He said he didn't have enough information to make up his own mind. He isn't sure it really will save money, but if there is a chance it will, it needs to be studied further, he said.

"We’ve got to start looking into ways to save the taxpayer money," Ferrando said. "We’re not going to do it staying the way we are. We’re just going to keep spinning wheels and we’re going to be breaking people. We’re going to be taking them down further and further and further. I think this deserves study, clear understanding, before we put it to our citizenry to a vote."

Barone disagreed, saying, "I think the information (in previous public meetings) was very well presented."

Cox and Bialkowski said they had doubts about whether consolidation would really lead to much cost savings, noting the previous 12-month study found only $78,000 in potential cost savings.

After the meeting, Molino told reporters that, actually, the study found a potential of $245,000 in savings. Plus, an extra $820,000 in state aid would be available to a consolidated municipality.

The available state grants would provide the task force/charter review committee with $49,500, most of which would cover legal fees associated with writing a new charter. The city and town would each need to contribute $2,500 to the process.

Bialkowski said he was concerned that pursuing consolidation further would be like pouring more taxpayer money down the same hole and at the end of two years, nothing would be accomplished.

The proposed commission would be comprised of four city residents and four town residents, who could not be elected officials, government officials nor their spouses. The appointees would be selected by a joint city-town committee consisting of the council president, the town supervisor and two council members from each body.

Council President Marianne Clattenburg spoke in favor of consolidation saying that it's an obvious waste of resources to have two government bodies providing identical services.

“You talk about shared services, but what’s the ultimate shared service but consolidation, so you don’t have one government entity over here and then five miles away they have a whole other government," Clattenburg said. "The idea is to put them together to save money. It’s not talking about what’s the state going to give us next year.

"It’s about what’s going to happen five, 10, 20 years from now. As the town grows, their administrative costs are going to go up. If they expand, and we hope they do, because it’s good for everybody, then those costs are going to start to get to be as big as ours."

BATAVIA, NY --- A fourth person has been arrested in connection with a residential burglary on State Street that occurred Sept. 1 in which household items and a car were reportedly stolen.

Taken into custody by Batavia Police detectives yesterday morning was Quentin L. Gibson, 25, of 27 Richmond Ave. He was charged with burglary 2nd.

Previously arrested in connection with the alleged burglary were Reginald M. Wilson, 37, Dillon M. Brito, 19, and Joseph D. Dash, 24.

The City of Batavia will not immediately replace Youth Bureau Director Patricia Dieck, who retires resigned effective March 3, after 25 years of service.

Last night, City Manager Jason Molino asked the city council to allow eight months to study Youth Bureau operations and come up with a plan to reorganize it. The council concurred.

Over the past year, state aid to the program has decreased 30 percent.

"Also, there have been several attempts to shift all local aid from municipalities to counties in supporting more mandated programs," Molino wrote in a memo to council. "These efforts have not been pursued in the current Executive Budget issued by the Governor, however, future cuts in aid have been proposed."

State aid makes up 13 percent of the Youth Bureau budget and Molino said the city should understand these programs better before deciding on their future.

Last week, Dieck told The Batavian news partner WBTA that the idea of consolidating the city's program with the county's has come up at least three times in the past, but city residents have demonstrated that they want the city to have its own program.

"The agency has been here 50 years," Dieck said. "I believe it's the only free program for our young people in the city. We've considered charging small fees, but we don't want to deny young people any services or activities."

The Youth Bureau has four employees, two full-time and two part-time. During the next eight months, the current youth coordinator will act as director and one part-time staff member will be given a temporary full-time position to help ensure the bureau completes its scheduled programs, especially through its heavy summer schedule.

Molino said the City's Youth Board will be consulted throughout the study process.

UPDATE 10:24 p.m., Tuesday: Patricia Dieck wrote this evening to ask for two corrections on this post. First, she resigned. It's not a retirement. Second, she served the city for 25 years (not 23 as we originally reported).  I asked her why she resigned, and here is her response:

I do wish I could have retired with the city, but it didn't seem to be in the cards for me.   I am resigning because I need a job where I can feel like I can make a difference.  I don't see an end in sight for the budget issues on state and city level which is having an unfortunate impact on youth programs.  I've been thru the Youth Bureau study at least 4 times over my career.  I really don't want to waste any more of my time or city time on this issue nor do I need the stress that is associated with it.  I took my job seriously and loved what I did, but when it gets to the point that you are not enjoying it or not feeling appreciated, it's time to get out.    For the most part, I have thoroughly enjoyed my job and know I have made a difference in the lives of young people in our community. 

In her initial e-mail to us, she said:

And the Youth Bureau budget has taken almost 30% cut in state funding between 2008 and 2009. There is no proposed cut in state funds for 2010.

As for the article about the City Budget, Councilperson Christian says she refers to "the high cost of youth services".  not sure that I would say the less than 1% of total city budget allocated for young people can be considered "high".

The much-disputed sale of a tax-foreclosed property at 9 Willow St., Batavia, reached a resolution tonight as the city council approved the sale of the house to Stafford resident Tom Englerth.

He was the second-highest bidder for the property -- contrary to a previously published report by the Batavia Daily News that Habitat for Humanity placed the second-highest bid -- with a bid of $20,500, which was $500 less than the highest bid by Michael Pullinzi.

Pullinzi's bid was rejected by the council two weeks ago for apparently having been cited too many times for code violations. (Pullinzi has noted that his violations are not nearly as numerous as some local landlords and that some of the alleged violations were actually on neighboring properties.)

The contentious decision carried over to tonight's meeting as Councilman Bob Bialkowski asked the council not sell the property to Englerth, but instead re-auction the property at an upcoming county auction.

Bialkowski's motion failed 2-7 with only Councilman Sam Barone backing the motion.

“It’s unfortunate that nobody asked the high bidder what his intention for the home was," Bialkowski said, noting that Pullinzi has previously gutted and remodeled homes on North Lyon and in Le Roy and is current converting a two-family apartment building into a single-family residence on Fisher Park.

Council President Marianne Clattenburg expressed concern that since Englerth had probably been notified of the council's pending vote, to switch directions at the last minute might expose taxpayers to a costly lawsuit.

Councilwoman Kathy Briggs also showed some exasperation with Bialkowski's motion.

"We didn’t accept the first one, now the proper procedure is, we go to the next bidder," Briggs said. "End of discussion."

Councilman Frank Ferrando spoke at length for the council to come up with a better policy for dealing with the sale of tax-deliquent properties.

“I don’t know what alternatives we have, but there have to be better alternatives relative to the vision we have to make our neighborhoods better," Ferrando said.

Ferrando didn't expect an answer tonight from City Manager Jason Molino, but he asked him what the city was doing to hold tenants more accountable, echoing a theme of a recent story on The Batavian.

After Bialkowski's motion failed, the council voted unanimously to sell the property to Englerth.

Pictured, Bialkowski, top, and Briggs.

Who knew that walking around in circles could actually be a good use of time?

Since Wednesday, Batavia's First Presbyterian Church has had a labyrinth -- a pattern consisting of multiple paths leading to a center -- for people to walk as an exercise in prayer and meditation. The following video includes interviews with pastor Roula Alkhouri and two of the brave souls who chose to give the labyrinth a try.

The remaining dates and times available for walking the labyrinth are as follows:

9:30 to 11:30 a.m., 1 to 3 p.m. Tuesday, Feb. 23
9:30 to 11:30 a.m., 1 to 3 p.m. Wednesday, Feb. 24

Anyone interested should contact First Presbyterian by phone (585) 343-0505 or e-mail the pastor at roula@rochester.com.

A Batavia man admitted in Genesee County Court this morning that on Aug. 31, he got drunk, got mad and wound up hurting his own 4-year-old son after he threw a chair at another person, striking his son instead.

James S. Nottingham Sr., pled guilty to attempted assault 3rd, DWI and aggravated unlicensed operation.

The attempted assault charge requires the prosecution to prove that Nottingham intended to hurt another person. Judge Robert Noonan made sure that Nottingham understood his right at trial to use his intoxication as possible proof that he wasn't aware that his actions might cause serious injury.

The charge is a felony and serves as his second felony for purposes of sentencing.

Nottingham, 30, who finished ninth-grade, admitted to a felony count of criminal mischief in 2005. He also had a DWI conviction in Batavia City Court last year.

Attorney Gary Horton asked to have Nottingham released under supervision, but Noonan denied his request and continued his bail.

In the Aug. 31 incident, Nottingham said he threw the chair at Warren Cotton.

Michael A. Jamil, 26, of 10 Prospect Ave., Batavia, is charged with following too closely, aggravated unlicensed operation 3rd, uninspected motor vehicle and unauthorized use of a vehicle 3rd. Jamil was arrested following a three-car accident at 11:40 a.m. Thursday. Jamil was reportedly driving westbound on Main Street and struck another car, which pushed that car into a third vehicle. A passenger in one of the vehicles, Amber L. Blanco, 19, was transported by ambulance to UMMC, complaining of abdomenal pain. Further investigation by Officer Jason Davis revealed that Jamil allegedly took the vehicle he was driving without the owner's permission.

Cole Y. Holstein, 25, of 2129 Angling Road, Pembroke, is charged with unlawful dealing with a minor. Holstein is accused of hosting a large underage drinking party. He was arrested at 12:30 this morning.

Jenna J. Condoluci, 19, of 230-A W. State St., Albion, is charged with petit larceny. Condoluci was arrested on a failure to appear warrant out of Batavia City Court after she had been scheduled for arraignment on Jan. 5 on a petit larceny charge. Condoluci was in Monroe County Jail on an unrelated charge and was taken into custody by Officer Kevin Defelice upon her release. Condoluci was jailed on $500 bail.

Stephen C. Hawley, 22, of 775 Main St., Apt. 509, Buffalo, is charged with DWI, aggravated DWI (operating with a BAC of .08 or greater), operating on median, speed not reasonable and prudent. Hawley was taken into cusody following a property damage accident near the intersection of East Main Street and Clinton Street. Hawley allegedly made a left-hand turn onto Clinton, driving onto the median and striking a pedestrian crossing light pole. Neither Hawley nor his female passenger were injured in the accident.

Michael R. Malicki, 19, of 9620 Vermont View Road, Machias, is charged with unlawful possession of marijuana. Malicki was arrested at 1:07 a.m. Saturday, by Officer Frank Klimjack.

Tammy Jean Wolfley, 41, of 3021 Sprague Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in no passing zone, and throwing refuse on a highway. Wolfley was arrested at 3:21 a.m. Sunday, following a traffic stop by Deputy Jason Saile.

Bradley C. Frederick, 47, of 500 Walnut St., Lockport, is charged with DWI, driving with a BAC of .08 or greater, speeding (67 mph in 40 mph zone). Frederick was stopped by Deputy Tim Wescott at 8:40 p.m. Friday, or allegedly failing to dim headlines and speeding on Route 63 in Alabama.

Wayne M. Smith, 59, of 9780 Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and driving with no or inadequate headlights. Smith was stopped at 10:44 p.m. Friday, by Deputy James Diehl on West Main Street Road, Batavia.

Accidents from the State Police blotter:

1:27 p.m. Feb. 20, Walmart parking lot, Batavia, two vehicles; Driver 1: Daniel W. Shea, 49, of Batavia; Driver 2: Lloyd E. Hall, 56, Le Roy. No injuries reported.

A two-car accident with injuries has been reported in the area of 72 River St., City of Batavia.

City Fire and Mercy EMS are responding. City Police, on scene.

UPDATE 7:10 p.m.: Mercy EMS reports, one patient.

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Lori A. Brickwood-Coles, 31, of 219 Liberty St., Batavia, is charged with criminal contempt 2nd. Brickwood-Coles is accused of violating an order of protection. She was ordered to stay away from the work place of an acquaintance and allegedly did not.

Accidents from the State Police blotter:

2:52 p.m., Feb. 17, Maple St., Alabama, one vehicle; Driver 1: David L. Tyler, 58, of Le Roy. No injuries.

4:17 p.m., Feb. 17, Gabby Road, Pembroke, two vehicles; Driver 1: Tiffany L. George, 23, of Basom; Driver 2: James L. Keyes, 48, of Buffalo. No injuries.

7:32 p.m., Feb. 17, Steven Hawley Drive and Bank St. Road, one vehicle; Driver 1: Kathy A. Saeli, 47, of N. Chili. No injuries.

8:38 p.m., Feb. 17, East Main St., Town of Batavia, one vehicle; Driver 1: Dimitrios G. Manou, 19, of Webster. No injuries.

8:28 p.m., Feb. 16, Route 63, Alabama, one vehicle; Driver 1: Jeffery A. Luxon, 25, of Middleport. No injuries.

There is at least some interest among Batavia City Council members in setting up a committee structure similar to what the County Legislature uses.

When voters approved a revised City Charter in November, they granted the council the ability to reorganize the way it does business by going to a committee system.

City Council President Marianne Clattenburg said that the first priority for the new year was getting a budget passed, and with that vote scheduled for Monday, the council can turn its attention to strategic planning, which includes reviewing committee structure and options and deciding what would be best for the city.

"This is something for council to decide -- whether we want to have standing committees or set up temporary ad hoc committees -- as part of our strategic planning process," Clattenburg said. "I haven't really looked at it that closely yet. I’m going to let the council debate that as a group and go with the majority opinion."

At the County Legislature, the legislature has divided itself into three standing committees -- Public Safety, Human Services and Ways and Means. Resolutions are drafted by staff, brought to the committee and reviewed by the elected officials on the committee. Resolutions that involve an expenditure often go through two committees, with one of them being Ways and Means. By the time a resolution reaches the entire legislature, all members have reviewed it in one or more committees. When the legislature meets as a body, the resolutions are usually passed with very little discussion.

That is not a process that received universal support from council members.

Fifth Ward Councilwoman Kathy Briggs said she supports the idea of standing committees, but doesn't believe that issues shouldn't also be discussed when the full council meets.

"I would like to have a committee do research, come up with recommendations and go from there and we have a healthy discussion (at council level)," Briggs said. "I would never want to have a situation where it’s 'here’s the recommendation and here you go.' I don’t think that would go over well."

But operating more like the County Legislature is exactly what the council should do, according to Fourth Ward Councilman Bob Bialkowski.

"I honestly feel we can streamline the way we’re doing our business," Bialkowski said.

At-Large Councilman Frank Ferrando said he's interested in the committee system and believes a majority of his colleagues are intrigued by the idea, but he wants to know more about how Batavia might move forward with a reorganization.

"I think committees, in my personal opinion, are committees working on specific assignments, whether ad hoc or permanently, and they can work more efficiently and effectively to help the council in a way that will make the council better and better able to react to situations," Ferrando said.

In the Third Ward, Councilman Sam Barone isn't sure about committees. He said he hasn't decided one way or the other whether he will support a committee system.

Councilwoman Rose Mary Christian, representing the Sixth Ward, said she needs to know more about how a committee system would work before deciding whether to support it.

Council members Bill Cox, Tim Buckley and Patti Pacino could not be reached for comment.

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.

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.