batavia

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.

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.

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.

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

A semi-truck reportedly has a brake fire and is stopped in front of the old Ponderosa restaurant at 12 Ellicott St., Batavia.

City Fire is responding.

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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.

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:

A motorcyclist has reportedly hit a parked car in the area of 3 Naramore Drive, Batavia.

The rider is reportedly up and walking around, but has a minor injury.

Batavia Fire and Mercy EMS are in route.

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.

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'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:

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."

Joseph S. Martaus, 26, of 14 Overlook Drive, Batavia, is charged with DWI, driving under the influence of drugs, controlled substance not in original container, possession of a hypodermic instrument, disobeying pavement markings. At 6:48 p.m., Wednesday,  Batavia Police responded to a report of an individual who appeared either drunk or ill getting behind the wheel of a car. The caller provided the license plate number of the car and a vehicle description. The vehicle was located and stopped on Ellicott Street. Martaus was allegedly unable to pass a field sobriety test. An officer who is an expert in recognizing the influence of drugs responded to the scene and determined Martaus was allegedly also driving under the influence of drugs. He was jailed on $500 bail. Officers Mark Lawrence, Eric Hill and Jason Davis were involved in the arrest.

Daniel D. Reese, 55, of 97 Abbott St., Rochester, is charged with DWI, driving with a BAC of .18 or greater, and following too close. Reese was reportedly involved in a rear-end accident in the area of 210 E. Main St., Batavia, at 4:51 p.m., Wednesday. Officer Chris Camp conducted a field sobriety test and found Reese was allegedly driving drunk. Reese was booked and released on an appearance ticket.

Christopher Lawrence Bauld, 21, of Kinmont Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, no front license plate. Bauld was stopped at 8:22 p.m., Wednesday, on Route 77 in Alabama by Deputy James Diehl for allegedly having no front license plate.

Kelsey Anne Sanders, 23, of E. Main Street, Batavia, is charged with petit larceny. Sanders is accused of shoplifting from Kmart.

Louis Alfredo Mercado, 22, of Bank Street, Batavia, is charged with petit larceny. Mercado is accused of shoplifting from Kmart.

Jacob John McCowen, 26, of Oak Street, Warsaw, is charged with criminal contempt, 2nd. McCowen is accused of visiting the residence of, and calling a person in Pavilion whom he'd been ordered not to contact.

A wire is reported down and arcing in the area of 229 South Swan St., Batavia.

City Fire is on scene.

National Grid has been notified.

UPDATE 8:54 a.m.: A fire captain requests that National Grid expedite its response because "we have a tree on fire here." National Grid ETA is five minutes.

UPDATE 8:59 a.m.: National Grid is heading down to Ellicott Street to cut the power.

UPDATE 9:15 a.m.: National Grid reports more than 600 customers are without power in the area around South Swan.

UPDATE 9:28 a.m.: Fire is out. Engine 12 returning to quarters. National Grid still on scene.

UPDATE 9:38 a.m.: National Grid now estimates 320 customers are without power.

UPDATE 10:21 a.m.: 113 customers now without power.

UPDATE  11:34 a.m.: Guess I should have gone out to this one for some pictures. It sounds like it was far more interesting than came across on the scanner. The tree was burned pretty good. The pavement literally melted clear through under the wire. Water evaporated as soon as it hit the spot, I'm told. The cause of the downed line? Unknown. Possibly a limb fell on it.  It was a very old line.

UPDATE: Photo submitted by Laura Mullen.

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WRGZ out of Buffalo broadcast a story about the gulls at Latina's.

UPDATE: The Democrat and Chronicle has also posted a story.