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Police Beat: State Street woman accused of resisting arrest, disorderly conduct

By Howard B. Owens

Latoya D. Jackson, 24, of 120 State St., Batavia, is charged with disorderly conduct, resisting arrest and obstructing governmental administration; Dashawn A. Butler, 30, of 4016 W. Main Street Road, Batavia, is charged with disorderly conduct. At 9:45 p.m., Monday, Batavia PD responded to a report of loud yelling on State Street. When police arrived on scene, they heard yelling coming from an apartment. Jackson and Butler then reportedly came out of the apartment and continued yelling and using profane and obscene language. There were reportedly children nearby. Jackson was jailed on $2,500 bail. Jackson has at least three prior disorderly conduct arrests.

Virginia L. Martinez, 24, and Amanda Andres-Lopez, 30, both of Dellinger Avenue, Batavia, are charged with petit larceny. Martinez and Andres-Lopez are accused of stealing undergarments and makeup from Kmart.

William Delose Hirsch, 23, of Buckman Road, Pavilion, is charged with criminal contempt, 2nd. Hirsch is accused of having verbal contact with a person he was ordered to stay away from while at the Stafford Carnival on June 18.

Wayne Marcel Diaz, 52, of Highway 50 Road, McClave, Colo., is charged with three counts of aggravated harassment, 2nd. Diaz is accused of making harassing phone calls to another person. He was jailed on $500 bail.

Robert Oliver Taft, 36, of W. Bergen Road, Le Roy, was picked up on a bench warrant for a prior DWI charge.

Bonnie Lynn Tracy, 43, of North Street, Attica, is charged with criminal contempt, 2nd. Tracy allegedly made a phone call to a person she was ordered not to contact.

Mitchell R. Freeman, 21, address not released, is charged with unlawful imprisonment, 2nd, and assault, 3rd. Freeman allegedly restrained another person and the victim suffered an injury during a domestic incident. Freeman was jailed on $3,000 bail.

Muckdogs need only one run in the first inning to secure win

By Howard B. Owens

One run on an RBI single by hot-hitting catcher Audry Perez in the first inning was all the scoring the Batavia Muckdogs needed at Dwyer Stadium on Monday to notch the team's 16th win of the season.

The Muckdogs (16-14) rode nine innings of scoreless ball by four pitchers to move within two games of the visiting team, first-place Jamestown Jammers (18-12).

Venezuelan Jose Rada, four years in the Cardinals, but in his first season with the Muckdogs, walked one but didn't surrender a hit in the ninth to pick up his sixth save and lower his ERA to 0.98.

The biggest noise of the night came from a group of Jamestown Jammer fans sitting high up in the first-base-side bleachers, cheering on their team in the top and bottom half of every inning -- for eight-and-half innings (pictured below).

Folks, everyone of you reading this who hasn't been to a game yet this season needs to go to at least two. Or we're going to lose our team. Not only is it a lot of fun, and shows great community spirit, but it's also a chance to see future major leaguers up close. This past All-Star Game included 22 players who came through the NY-Penn League.

More pictures after the jump:

Reptiles visit Richmond Library on Friday afternoon

By Daniel Crofts

Like reptiles? Come get a look at a variety of them on Friday at the Richmond Memorial Library, at 19 Ross St. in Batavia!

This opportunity to see these creatures is being offered as part of the "Nickel City Reptiles" -- part of the library's 2010 Summer Reading Program.

Admission is free and does not require pre-registration. The fun starts at 2:30 p.m.

For more info, call the library at 343-9550, ext. 4.

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Pest company manager says gull problem at Latina's can be handled

By Howard B. Owens

The gull problem at Latina's is "hand-able, but a large-scale problem," according to a manager for Pest RX, a company out of Clarence hired by LKLWL Properties to assess the situation and recommend a solution.

"It's not like it's a one-shot deal," said Jeff Waiter. "It's not like we're going to come in here for however long and we'll never see a seagull again. We're going to have to work with the property owner and work on a long-term solution."

Both Waiter and Pest RX owner Jeff Phelps said they still need to put together a plan, but the preliminary solution includes fixing the drainage on the roof, getting rid of standing water, and coming up with an "exclusion" system, something to make it harder or scarier for the gulls to land on the roof.

Just ensuring it's a clean, dry roof will do a lot to deter the gulls.

"The first thing is, the standing water has to go," Phelps said. "Once that's gone, we'll do a power wash and clean off the roof, but to keep them off permanently, there's a lot of obstructions there.

"We're trying to put our heads together and come up with a plan," he added.

It shouldn't be necessary to get the DEC involved at this point, Waiter said. He said the team spoke with the DEC this morning, they have a copy of the DEC manual and so long as they're not disturbing eggs or active nests, no DEC permit is required.

He said they found no eggs and only old nests on the roof today.

"We can definitely make the place tidy without a DEC permit," Waiter said, "so long as we don't harass the young or the eggs."

Photo: From left, Phelps, Waiter and another Pest RX employee.

Fire alarm at Jerome construction site

By Howard B. Owens

If you're wondering about City Fire going code 3 down Main Street -- it's just another "automatic alarm of fire" at the Jerome Center construction site on Bank Street.

Car and motorcycle accident reported on Route 98

By Howard B. Owens

There are reportedly only minor injuries following a car and motorcycle accident on Route 98 at West Saile Drive, Batavia.

Town of Batavia Fire is responding along with Mercy EMS.

Police Beat: DWI arrest following alleged fight

By Howard B. Owens

Mathew J. Sherman, 23, of 5547 Horseshoe Lake Road, Stafford, is charged with DWI and driving with a BAC of .08 or greater. Police responded to a report that a person had fled the scene of a fight at a local restaurant/bar. Sherman's car was spotted in the area of 344 Ellicott St. by Officer Mark Lawrence where he was stopped and determined to be allegedly DWI.

Benjamin L. Szabo, 18, of Clarence Center Road, Clarence, is charged with petit larceny. Szabo was reportedly working as an outside vendor at Kmart on June 30 when he allegedly stole an iPod from a backroom shelf.

Janice M. Colburn, 62, of Fargo Road, Corfu, is charged with driving while impaired by drugs. Deputy Chris Parker responded to a report of an erratic driver on Pearl Street at 2:14 p.m., Friday, and subsequently stopped Colburn's car.

Robert James Macklem, 20, of Prospect Avenue, Batavia, is charged with criminal contempt. Macklem allegedly violated an order of protection by being with the protected person. He was jailed on $1,000 bail.

Christopher P. Tresco, age unknown, of 108 North St., is charged with DWI and driving with a BAC of .08 or greater. Tresco was stopped at 2:12 a.m., Saturday, by Le Roy Police Sgt. Micahel J. Hare on East Main Street. Hare reportedly spotted Tresco driving on the Main Street Bridge with his headlights off.

Phillip M. Case, 20, of Hilton, is charged with trespass. Case was arrested by State Police at 9:02 p.m., Saturday, at 9993 Allegheny Road, Darien Lake. No further details were released.

Raymond Amaro, 23, of Yabocoa, Puerto Rico, is charged with DWI, harassment, 2nd, and resisting arrest. Amaro was arrested by State Police at 2:54 a.m., Saturday, in the Stevens Street Allen Foods parking lot. No further details were released.

Jesse Le Gould, 31, of South Main Street, Batavia, is charged with criminal contempt, 2nd. Gould is accused of going to an ex-girlfriend's house at 7:55 a.m., July 12, and pounding on the exterior of the house and yelling. Gould has been ordered not to have contact with the woman unless it is related to their child.

Seagull discontent at Latina's takes to Facebook community page

By Timothy Walton

Discontent of the seagull population is continuing to grow and so is the media attention. Social networking site Facebook.com is one of the latest media outlet to show the public support asking for LKLWL owner Tom Lewin to take responsibility for the growing problem that is occuring on the building owned by his company.

The facebook page, titled Tom Lewin remove the Seagulls at Latina's- Batavia, NY! is a community based page currently with over 100 fans supporting the group and the cause.

Previous coverage of Latina's can be viewed here

Photo Essay: The pilfering squirrel

By Howard B. Owens

This afternoon I set up a chair in the shade of a backyard tree, brought along my laptop and camera, thinking I'd get some work done and maybe snap a bird picture or two.

It wasn't long before this ne'er-do-well trespassed (notice, no allegedlies here -- sue me, Mr. Squirrel) onto our property and committed the crime of petit larceny, stealing bird feed.

Methinks this isn't his first such thievery, the scoundrel.

Even as he seemed quite aware at times of my presence with my camera, he brazenly continued to thumb his nose, so to speak, at my attempts to keep him from his dastardly deeds.

More after the jump:

After I chased him off the branch once, he returns to the scene, scoping out the terrain for my presence. Satisfied that I'm at a safe distance, he begins again, munching from the feeder.

After I knock him from his perch with a well tossed walnut, he wastes no time in scavenging for seeds on the ground. After seemingly getting his fill, he high-tails it back to the confines of the neighbor's yard.

Even more brazen than before, he dashes to the birdbath ...

... and steals water ...

... after chirping out a taunting "nah-nah-nah," Mr. Squirrel returns to the scene of his original crime.

So after posting this irrefutable photographic evidence of this scofflaw's crimes, I expect a the Batavia PD to appear forthwith to take a report and make an arrest.

If not, I trust that publication of these photos will serve as ample humiliation for Mr. Squirrel and perhaps as a warning to other squirrels who might be tempted to abscond with our bird food and water.

Retired children's librarian thankful for appreciation

By Billie Owens

This is an e-mail from Sandy Gillard, the longtime children's librarian at Richmond Memorial Library in Batavia, who recently retired.

I would like to thank Dan Crofts for the beautiful pictures and article about my retirement from the Richmond Memorial Library. I would also like to thank all of the people who sent cards, stopped in to see me, or expressed good wishes for my future.

It is so gratifying to know what a generous and thoughtful community we live in. I would like to share any recognition I have received with my family (especially my husband, Craig) and with the staff and board of the library both past and present.

As a group these people have worked hard to create one of the most outstanding libraries in the country. Lastly, it is important to remember the taxpayers who have supported our library and have made all of this possible.

As I look forward to the future, I plan to continue to live and volunteer in Batavia because it is a wonderful place to call home.

Sandy Gillard
Retired Children's Librarian of the Richmond Memorial Library

Photos: Batavia Youth Football clinic at Kibbe Park

By Howard B. Owens

This morning, Batavia Youth Football conducted a football clinic for area children at Kibbe Park. The boys were instructed in how to play the defensive line, how to be a running back, how to be a receiver and how to be a quarterback.

More pictures after the jump:

 

Beating The Heat

By Robin Walters

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

Kevin Lawton helps a litle one cool off

Rachel Cook, volunteer plays sidewalk chalk with this little gal

Heidi Richmond, volunteer, lays down for little one

Ian Lawton, volunteer helps little ones stay cool blowing bubbles

Paul and Bridget Ohlson refilling the cold drinks

Everyone loves the Care-A-Van Ice cream cones

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

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

By Daniel Crofts

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

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

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

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

Photos: Experimenting with night photography at Main and Ellicott

By Howard B. Owens

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

Batavia All Stars drop district championship in Geneseo

By Howard B. Owens

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

More pictures after the jump:

Genesee Country Farmers Market

By Daniel Crofts

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

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

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

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Motions denied in Pontillo's lawsuit

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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