batavia

Last night, CBS News reported (watch the video above) that contrary to promises from Congress, that $700 billion bailout for the nation's biggest banks, the bailout intended to help banks get toxic loans off their books and to kick-start new borrowing and stimulate the economy -- well, nobody really knows how the banks are using the money.

Congress, in its rush to ram this legislation through, didn't require a stitch of regulatory oversight.  And the banks obstinately told CBS: "We don't have to tell you what we're doing with that money."

Meanwhile, it's been reported elsewhere -- as CBS refers to the reports -- that some of the banks are using taxpayer money to go on buying sprees, acquiring smaller banks and making themselves bigger.

That isn't what Congress promised us would happen with our money.

Meanwhile, one of our own businesses -- Pontillo's Pizzeria -- is clearly having its own financial struggles.  The venerable Main Street eatery is more than $112,000 behind in taxes. The family is involved in a messy lawsuit. It's currently shut down, reportedly for renovations, but the signs are clearly troubling.

We don't see Henry Paulson rushing to Batavia to help out John, Paul and Sam, but his fat-cat buddies on Wall Street are doing just fine.

The situation with Pontillo's is important, and as much as some people might like to see the news of the restaurant's struggles swept under the rug, it isn't going to help Pontillo's or the community to hide from these issues.

What's going on with Pontillo's has a ripple effect throughout Genesee County -- the restaurant employed local people who spent some portion of their revenue locally, and paid rent to local landlords, and the restaurant did business in some degree with local suppliers, and all of those people are affected, too.

Clearly, the situation is heartbreaking for all the people who grew up with Pontillo's, either as former employees or loyal customers.

Some people do what to know what's going on not merely for curiosity's sake, but because they care. This situation effects more than just one family. It effects the entire community.

Which brings us back to the bailout. 

Where is the bailout for Pontillo's?  Congress talked a lot about how what happens on Wall Street effects Main Street. So far, we're not seeing the connection.

Some of these banks that received cash from Congress have branches in Genesee County. Wouldn't it be appropriate for one of those branch managers to step forward and ask the Pontillos how they can help?

We're not holding our breath, but we are wishing the Pontillos well. We do want to see them pull out of this. When Pontillo's reopens, it should be a big community event.

From the Batavia Business Improvement District:

This is a contest for children, twelve years and younger, to make a holiday ornament and enter it into this contest. The ornaments will be displayed on a Christmas tree in the Batavia City Centre. The winners will be announced on Friday, December 5th. Winners will be announced at Christmas in the City, at 6:45pm, on the Main Stage in Batavia City Centre.

The Ornament Committee is looking to have prizes to give out to the various children whose ornament(s) win in the different categories.

If you are interested in donating a prize to this contest please contact Loretta Delpriore at 344-1283 by Wednesday, November 19th or fax the form below to: 815-4310. She will provide you with contest forms and other information.

Click here to download the donation form.

Last week, The Batavian reported that Pontillo's Pizzeria owed in excess of $112,000 in state taxes. That report came on the heels of an article in the Daily News in which Sam Pontillo claimed that he closed the restaurant in order to make renovations and officially purchase the property. A second article appeared in the Daily a couple days after our post that further confounded an already ambiguous story. Since then, more information has become available that may help us to ask some better questions in the hopes of getting some better answers.

On October 31, a civil suit was filed in Genesee County in which all three Pontillo brothers were named. That suit was brought by Buffalo attorneys Amigone, Sanchez, Mattrey & Marshall LLP on behalf of the plaintiff: John Pontillo. Listed as defendants in that case are: Sam, Paul and Salvatore Pontillo. No other details of the case were available at the Office of the Genesee County Clerk, and we have so far been unable to contact any of the brothers. We had left messages for Sam Pontillo last week that were never returned.

A week later, on November 7, a mechanic's lien was filed with the county by Roy H. Turnbull Inc. againt the estate of Elizabeth Pontillo and Pontillo's Batavia Pizzeria Inc. in the amount of $1,181.29. No specifics were listed in the record.

Those are the most recent facts. A search earlier today revealed no new filings with the county. Let us now take a moment to review the news as it was reported in the Daily. We feel that there are some contradictions and ambiguities that may help to shed some light on the situation.

From the first article, which appeared on November 4:

(Sam) Pontillo was advised that it would be better to just close the shop down and then re-open under new ownership. He regrets that he had to cancel a pre-election night party ... But he had no choice, Pontillo said. He was told that renovations were to happen now.

Firstly, who "advised" Sam Pontillo to close and "told" him that renovations had to "happen now"? In the same article, Beck writes that: "Sam has been on site running the Batavia and Le Roy operations the last several years." So if he's running the place, who is telling him to close it? Secondly, what are these renovations that they cannot be postponed even a single day so that the restaurant could cater a local party?

What's most confusing, however, is that in this first article, Sam Pontillo claims responsibility for both operations, in Le Roy and in Batavia. He would have to be running the place in order to make the decision to close it down, right? But in the article that appeared in the Daily on November 7—after The Batavian broke the news that the Batavia restaurant owed some $112,000 in unpaid taxes to the state—Sam Pontillo is quoted as saying: "I was locked out of the whole operation. John and Paul worked there (in Batavia). John was operations manager." Doesn't that contradict the claim in the previous article that Sam has been running the place for "years"?

Joanne Beck writes:

It was only after (Sam Pontillo) started the paperwork to buy the city property that Sam Pontillo became fully aware of the tax situation, he said. He doesn't dispute that tax warrants have been filed by the state Finance Department and Genesee County Clerk's office against the family business, which includes Pontillo's Batavia Pizzeria, Inc. and Sam's Tomato Pies, Inc.

But he doesn't claim them as his, either. The business is still owned by his mother and was not run by Sam, he said.

What!? Does Sam Pontillo run the business or not? What does it mean to be "fully aware"? Could he have been "partially" aware? What would that have signified? How can Sam not claim the tax warrants filed against Sam's Tomato Pies?

It is also reported in the most recent Daily News article that: "Genesee County records did not show any outstanding tax warrants on the Le Roy Pontillo's." That's true. As Sam Pontillo himself says of the Le Roy location: "I don't owe one cent for this place."

But Pontillo's Le Roy Pizzeria Inc. has been named in a civil suit filed by the Workers' Compensation Board of the State of New York that was filed on October 20. The Board also filed a money judgement in the amount of $1,250 against the Le Roy operation. As for any outstanding tax warrants, there are none. Pontillo's Le Roy Pizzeria Inc. was, however, served with a tax warrant by the New York State Department of Taxation and Finance in the amount of $700.63 in November, 2007. That was paid.

All in all, there are more questions than answers at this point, and I have yet to see a single car parked at the Batavia Pontillo's, which is supposed to be undergoing renovations right now. I guess we ought to take Sam Pontillo at his word when he says: "The remodeling won't be an obvious change that patrons will notice."

Efforts by the Mancuso Business Development Group to redevelop aging industrial plants and turn them into business centers for new and fledgling firms is featured in a piece in the D&C this morning.

Mancuso projects include the High Falls facility in Rochester, a 475,000-square-foot business center in Lockport, and another large development center in Geneva, as well as the Harvester Center in Batavia.

For the four local business incubators, Mancuso Development acts as the managing agent, collecting rent and paying the bills, and as leasing agent. The firm also oversees building rehabilitation work at the Lockport and Geneva sites, B. Thomas Mancuso said.

The company particularly focuses on landing small-business tenants of fewer than 10 workers, Mancuso said. And even in the current economic contraction going on nationally, he said, there is constantly demand for affordable space for businesses of that size.

Notre Dame and Batavia High alums will be getting together to play some basketball and raise money for a good cause on Saturday, November 29 at Notre Dame.

The Hometown Hoops for Hope game will feature Batavia and Notre Dame grads battling each other on the court.

The game is going to be held to raise money for the Michael Napoleone Memorial Foundation, which is set up in honor of Michael Napoleone, who passed away from Burkitt's Lymphoma/Leukemia.

Doors will open at 5:30 p.m. and admission is just $2 at the door.

On a few instances this morning and afternoon, I looked out the window of our Main Street office and spied an "Oversize Load" getting hauled through the city, heading east on Route 5. About an hour ago, I was in my car and spotted another such load. This time, I chased the sucker down, whipped out my camera and got a photo—and please forgive the quality: it was taken from inside my car while I was driving, er, stopped at a traffic light.

Now why would anybody take a photograph of some big... uhh, something... traveling down the street on the back of a hundred-foot flatbed? Well, mostly because I couldn't for the life of me guess what that something was. Now, I don't know about you, but I'm often intrigued by the unknown, especially when it's that large and in my face and unabashedly downtown.

Here's a shot:

This was taken near the intersection of Route 5 and Route 33 as the object in question was headed east toward the town of Stafford. What do you think it is? It looked like it could have been some part of a high-tech flying machine. Or maybe some billionaire mad scientist is constructing an underground lair.

From the Batavia Muckdogs:

Today, Red Wings Management, LLC announced that Travis Sick and Casey Freeman will accept new positions as general managers of the NY-Penn League champion Batavia Muckdogs’ front office.  Mr. Sick and Mr. Freeman were both instrumental in running the operation throughout the 2008 season.

Freeman, 31, joined the Muckdogs in May as the Director of Food and Beverage.  In that capacity, he was responsible for the significant upgrade to the food service operation at Dwyer Stadium.  Freeman’s background is in food and facility management.  He studied Hotel Resort Management at Finger Lakes Community College and earned a B.S. in Sport Studies at St. John Fisher College.  He performed an internship with the Red Wings organization in 2003.  Freeman will become the General Manager of Stadium Operations, effective November 11th.

Sick, 23, spent the 2008 season as Director of Ticket Operations for the Muckdogs, after joining the team in April.  Travis was born in Wayland, New York and attended Wayland-Cohocton Central School. He graduated from St. John Fisher College with a B.S. in both Sport Management and Business Management.  Travis was an intern with the Rochester Red Wings organization in 2007, working in the Group Sales and Promotions departments. He will become the General Manager of Baseball Operations November 11th.

In their new capacities, both gentlemen will sell group tickets and advertising, with Sick’s additional focus being on marketing, public relations and baseball matters , and Freeman’s on concessions, merchandise, website and stadium management.

“I am excited about the opportunity that we’ve been given,” said Travis Sick.  “We’re both very eager to get out there and start doing the job we know we can do for this franchise.  We’ve spent a season getting to know Batavia and its people, and I am confident we will do a job that will make the community proud.   This is a great time to be with an organization - coming off a championship season.  I can’t imagine it being any better.”

Casey Freeman added “We’ve learned a lot this past year, and will continue to learn.  But this is a job that we are both well prepared for and looking forward to.  We understand that there will be challenges in turning this into a high functioning franchise, but we like the enthusiasm we see in this town. I just returned from a New York Penn League meeting, and my goal is to bring this franchise up to the level of some of the other successful franchises in our league.  The other teams are very supportive of our efforts and they promise they will do all they can to share insight into their success. With that and the support of the Red Wings, we certainly have a great start.”

“We are very pleased to be able to retain these two fine young baseball executives within our organization”, stated Naomi Silver, Chairman of the Board of Red Wings Management and the Rochester Red Wings, its parent company.  “They did an outstanding job for us this past season and we are confident that they will be effective in their respective areas of responsibility.  These are two individuals who have a good working knowledge of how a baseball organization should run, and they each have a genuine interest in providing the fans and sponsors of Muckdogs baseball with a quality experience.  They will do what is necessary to grow this franchise.”

Both men will continue to work closely with Red Wings’ General Manager, Dan Mason.  “I see real talent in these two gentlemen.  They both know that it takes a lot of heart and a lot of hard work to make an organization a success.  They have skills and a work ethic that is critical to our line of work, and they love their jobs.  I think they both have very bright futures, and I am very pleased to be able to keep them both on our staff”, said Mason.

The Muckdogs front office will be launching a significant sales initiative this month in anticipation of a very positive public response following the capture of the New York Penn League Championship.  Mr. Mason stated “An organization can wait years for the kind of success we had on the field in our first year running this team.  The fan response has been really great.  It is an exciting time in this franchise’s history, and that of this community.  To have gone from the team almost disappearing to being the best in the League is incredible. Experience tells us that the year following a championship is always a big year and Travis and Casey are ready for that job.”

You can now count the Daily News among those of us trying to get information from officials at Victorian Manor, where construction ground to a halt earlier this year amid rumors that the Main Street senior living complex would soon close down altogether. Any attempt to find out what was going on has been met with stalwart silence on the part of Marcia Noonan, the complex manager, and it turns out we weren't the only ones getting stonewalled.

Reporter Joanne Beck called up the complex on Monday and got nowhere. Nevertheless, she put together an interesting piece that mostly rehashes what was reported on The Batavian nearly a month ago by our diligent and undaunted readers. She did, however, have some other information that we have not yet seen that helps paint a bit more of a detailed picture.

A resident, who asked not to be identified, has also said the site's emergency system has not been working since this summer. The system involves pull cords in each resident's bed and bath rooms. It was touted as part of the security for an apartment that costs some $2,000 a month plus utilities.

The Batavian also received an anonymous tip on this same topic, but since we were unable to verify the individual's identity, we were unable to publish what was alleged.

Most of Beck's article, as mentioned, is made up of information that Kelly Hansen has been posting on The Batavian over the past three weeks. So, rather than report what we already reported, we will direct you to that earlier post.

Beck raises one point that is particularly confusing and possibly incorrect. She reports that KDA Construction Inc., a subsidiary of Sunwest Management, "filed a mechanic's lien for nearly $164,000 against Victorian Manor for lack of payment." Why would KDA, which is owned by Sunwest, file a lien against Victorian Manor, which is also owned by Sunwest? Wouldn't that amount to the company filing a lien against itself?

Our own research at the Genesee County Clerk's Office found that KDA Construction and Victorian Manor were both named as debtors in the mechanic's lien filed on September 17 by On It Inc., a Rochester-based company that claims $163,480.62 in unpaid labor and material costs. We telephoned On It earler today to see if we could get some more details. Unfortunately, the phone rang indefinitely. No answer. No voice mail. In the notice of the lien filed by On it, the labor and material costs were related to the installation of "HVAC equipment, duct work and piping."

Further, KDA Construction is named as a debtor in a dozen other liens filed over the past three months, totalling more than $1.54 million. The first, for $194,032, was filed on August 29; the most recent, for $22,382, was filed on October 29. In most of those, Batavia Senior Living LLC, the legal name for Victorian Manor, is also named as a debtor. Callea Electric Inc. is named as the creditor in the lien for $339,783.45—the most costly—filed on September 15.

Beck also spoke with a former employee of Victorian Manor who said that while she was employed there, "she was shorted money in her paycheck a number of times and had a couple of company checks bounce for insufficient funds." Ouch! Beck continues:

An investigation by the state Labor Department involved at least two employees who had complained about getting paychecks that did not include all the hours they had worked and about bouncing checks. Noonan had told Labor Standards Investigator Mary Confer that "she was aware checks had bounced" because management firm Sunwest Management had changed banks. However, the time period for bounced checks was from December 2006 to at least until April 2007, records state.

The Batavian called and left another message for Marcia Noonan earlier today. We have not yet received a call back. If we do, you can be sure we will let you know.

Batavia's City Council approved the acceptance of a $90,000 grant to be used for the purchase of a new ambulance by the city's emergency crew, according to the Daily News. At that same meeting, the council approved another grant for $23,980 that will be used for "record management." City Attorney George Van Nest told the group that a lawsuit against the city has been dismissed. A construction worker was suing the city after being injured while on duty. "There was no trial," said Van Nest.

In other news, a brief blurb in the local section claims that Oakfield-Alabama School Principal Scott Read is "not at work due to personal issues." No one knows if or when Read will return, according to Susan Conrad, who spoke with Superintendent Chris Todd.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

 New York State Assemblyman Steve Hawley paid a visit to the Batavia Lions Club Monday night at the weekly meeting at St. Nicks Club to announce a state donation to the City of Batavia.

Hawley helped get a grant passed to help Batavia decorate the city for Christmas, with much of the money going to the lighting on Main St.

Hawley gave a speech about the current state of government in New York State and told a great story about taking some veterans to Washington, D.C. recently for a visit. 

Hawley, a Batavia republican, has served on the Genesee County Legislature in the past and has been an assemblyman for three years.

The first hint of  trouble came in early May, when The Batavian was but a sprout on the Genesee County media landscape.

After initially welcoming The Batavian enthusiastically, we found out that Batavia City Manager Jason Molino told city employees not to cooperate with The Batavian. We could not even get copies of City Council agendas.

We eventually overcame that specific disability, but we've had an ongoing problem with getting answers from Mr. Molino to basic questions related to city governance, and a general lack of full disclosure form the city and its staff when we've sought it.

Two weeks ago, we took our case to the Batavia City Council. The response was, shall we say, tepid.

And we're disappointed.

Here's our position: The Batavian is a legitimate news organization. We may be web-only; our approach to news may be non-traditional; we may be new to the community, but the First Amendment doesn't address any of those issues. It merely enjoins government agencies to respect press freedom.

To us, that means not merely the right to publish as we see fit, but to have free and unfettered access to the government taxpayers support.

For the past several months, we've found that while the city manager will willingly speak with the Daily News and WBTA, he has completely cut out The Batavian as a channel for information to the citizenry on his positions, policies and actions.

He also maintains an inexplicable and unusually tight reign on the tongues of other city staff members.

At first, we hoped for improvement, but with none forthcoming, we began documenting Mr. Molino's failure to respond to interview requests. We documented 13 such instances, including instances where he would later be quoted in other media on the same topic, as well as an instance where Mr. Molino had the new fire chief cancel a video interview with The Batavian.

We've kept quiet about this issue because we were hoping for a friendly resolution to the disagreement over fair access, but since the council meeting two weeks ago, we've been trying to get a lunch appointment with Mr. Molino (The Batavian will pay:  Larry's Steakhouse, any afternoon on 24 hours notice). Mr. Molino has declined the invitation.

Given his lack of willingness to fairly discuss this issue, we've decided it is time to offer readers of The Batavian full disclosure about what has been going on.

As a matter of fairness to readers of The Batavian, we believe we are obligated to keep them informed on any issue that inhibits us from fully and faithfully gathering and disseminating information of public interest. While we regret withholding information about this lack of access until now, we hope readers will understand we did so only because we were seeking to settle this issue amicably long ago, and have persisted in this effort in good faith.

The readers of The Batavian have the same rights as the subscribers of the Daily News and the listeners of WBTA to have a representative of this news organization call upon city officials, ask questions and get answers.  It's a fundamental right under the U.S. Constitution.

Clearly, not all city officials agree.

When we first launched The Batavian, we were happy to find in Mr. Molino a welcoming attitude to the expansion of Batavia's media choices. Unfortunately, only days later, he clammed up. In fact, he told all city employees not to cooperate with us in any manner, including denying us access to routine government documents, such as City Council agendas.

Upon further investigation, we learned that City Attorney George Van Nest had told city officials that The Batavian was not "official media" therefore not entitled to any communication from the city.

That was a curious statement for an attorney to make, so I called Mr. Van Nest and confirmed that he did indeed make that statement. I reminded him that under the First Amendment, there is no such thing as "official press."  After much discussion, he agreed to allow the city to release routine government documents to us and promised full and fair access.

We have not gotten it.

After our presentation to the Council two weeks ago, only one council member spoke to the topic of our speech.  The lack of interest by the Council may, frankly, have owed to the degree to which we placed the burden for lack of access on Mr. Molino.  We've since heard that some council members objected to that tone of the presentation, even those who had encouraged us to make a public plea for greater access, not just for The Batavian, but all of the local media (Mr. Molino does not allow any city staff to speak to any media).

The lone council member to speak on the topic was Bill Cox. He made the clearly contradicted statement -- he had in front of him contrary evidence at the time -- that The Batavian was receiving the same access as any other media outlet.

Since we've reached what seems to be an insurmountable impasse, we think it's only fair we bring this subject to the attention of our readers.

We're not looking for a fight.  We could, if we wanted, start posting Jason's phone number and e-mail address every time we had a question and ask readers to get the information needed; or, we could openly encourage city employees to give us anonymous tips on city business; or we could file a lawsuit. 

The first two options would only serve to cause further hard feelings, and a lawsuit, costing taxpayers money, would subvert our goal to do what is best for Batavia.

So we are left with but a third option: To just drop the issue.

We're doing quite well without the city manager's cooperation, and we imagine we will continue to do quite well whether Mr. Molino favors us with a word or two from time to time or not.

We're not here to be the "official" news source of Batavia. We're quite happy to let the Daily News carry the mantle of "paper of record."  We just think it would be nice to get questions answered when we are curious about an issue or event. If Mr. Molino is unwilling to do that, we think in the long run he is causing more harm to the city than he is to The Batavian. If we're right about that, our best course may be just to let well enough alone and trust that eventually, Mr. Molino or his successor, probably many years from now, will find it counter productive to give any media the silent treatment.

I've uploaded two related documents to our position -- a PDF of court cases that support our position, and a letter from the New York Newspaper Publishers' Association specifically encouraging the city to cooperate with The Batavian.

Batavia's CIty Manager Jason Molino told the Daily News that the city's public works union has dropped its grievance with the city. That union had taken issue with the city's "use of volunteer's in the place of public works employees." Beck writes:

The American Federation of State, County and Municipal Employees filed the grievance after the 2007 Summer in the City festival. The group claimed it lost out on overtime work during the summer event.

I can't imagine city taxpayers would ever take the side of the union in this dispute. If the city can save $3,000—the figure cited by Beck—by getting more volunteers to clean up at the festival, why wouldn't they?

As Business Improvement District Manager Don Burkel said: "Our motive has always been that if we can save the city money, then we'll do that. It's a volunteer group. We're doing volunteer things." The BID runs the Summer in the City event.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

After 18 months of living in Batavia, local blogger Martin Szinger is getting settled into life in his new home town.

I was born and raised the Town of Tonawanda, a first-ring suburb of Buffalo. As an adult, I moved out to the "country" in Genesee County, Town of Batavia. Always Buffalo-facing, I never gave much thought to the City of Batavia, five miles to the east, other than it being the shopping destination of choice for most of life's daily needs. I came to understand that most of Genesee County is more likely to be Rochester-facing - we got the 585 area code with them, bland pollsters operating from a half a world away assume we watch the Rochester TV stations, and so on. But I never gave much consideration to the idea that any significant number of people could be Batavia-facing.

Great way of putting it: That you can live in Batavia and not look to Buffalo or to Rochester, but actually be Batavia-facing.

It's probably no surprise that Martin getting knee deep in appreciation for Batavia coincides with his reading Bill Kauffman's book.

Slowly, I've become more interested in the history of the place. I've just finished reading Bill Kauffman's Dispatches from the Muckdog Gazette, in which the author's classic experience of the Native Son returning to his small hometown is set in the very same Batavia. It's his vehicle for bemoaning so much of what's been lost in Small Town America and also celebrating the good in What Remains There, but it's also very much about Batavia. Literate (probably to a fault) and witty (to compensate), Kauffman produces a veritable parade of references that shed light on Batavia so as to almost move it from the Real to the Mythic. You can feel the love, and it's contagious.

And we're gratified to know that Martin reads The Batavian and that he is considering taking our advice to subscribe to the home town newspaper. We also encourage him to make a habit of WBTA.

You can enrich your life when you turn to your own home town and make it not just a place where you watch TV and sleep at night, but where you actually live.

 In Friday's edition of The Daily News, Sam Pontillo gave reporter Joanne Beck his side of the story, and it is kind of confusing.

The Batavian broke the story about Pontillo's restaurant owing about $112,000 in back taxes on Wednesday after a story in the paper about it being closed for renovations.

Pontillo told Beck that he does not own the Batavia branch, but does own the Le Roy one. He says that the Batavia restaurant is still in his mother's name and the estate is being settled, blaming his brother John for the financial situation.

John claims that Sam and another brother, Paul, are at fault for the situation. It sounds pretty messy.

Sam Pontillo also says the Batavia restaurant will reopen in a few weeks with renovations that "won't be an obvious change that patrons will notice".

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.