batavia

Don't you think Governor David Paterson and the rest of the Albany government would love to get its hands on revenue generated by Batavia Downs to help offset the state's budget struggles?

County Manager Jay Gsell thinks so, and he's skeptical of a task force created by Paterson to study the efficiency of the state's off-track betting facilities and decide whether all of the state's OTB operations could be consolidated under a single authority.

According to a resolution passed by the Genesee County Legislature on Wednesday evening, many industry pundits think the task force is nothing but a naked attempt to grab OTBs from local control.

Batavia Downs, as with many OTB facilities in the state, contribute revenue to the local governments that support and have invested in the facilities.

"This is just a revenue grab by the state," Gsell said after the meeting.

There are problems with downstate OTB facilities, Gsell said, but it makes no sense to create a single authority to run all of the OTB locations when some of them are doing quite well.

And in the case of Batavia Downs, only after substantial investment.

"It took a large investment just to get it to where it is today," noted Gsell. "They saved what was a moribund, decrepit facility that had been abandoned by private enterprise."

Gsell said the Western Regional Off-Track Betting Corporation invested millions of dollars -- with unpaid debts being somewhere between $15 million and $20 million -- to turn Batavia Downs around.

If the state takes over OTB operations, the revenue both to pay off the debt and to help fund county operations will be diverted to Albany.

"If New York wants to take some of the money, they need to take some of the costs, too," said Legislator Hollis Upson before the resolution vote, "which we know they’re never going to do."

Legislator Charles Zambito called the state's revenue grab unfair because the off-track betting corporation built Batavia Downs into a well run, profitable facility and any problems faced by downstate OTBs have nothing to do with the Downs.

"It would be extremely unfair for them to come in now and say, 'Give it to us,'" Zambito said.

The resolution will be sent to the state task force, but has no force or effect to change whatever the task force decides to do.

Among the items on the agenda for Monday's City Council meeting is a resolution authorizing a pay increase for City Manager Jason Molino.

The resolution states, "WHEREAS, the City Council of the City of Batavia wishes to grant a wage adjustment to the City Manager for the current year based on his performance evaluation."

If approved, Molino's base pay would go up 2.85 percent to $83,487 and would be retroactive to April 1.

Just noticed the new sign in front of First Niagara Bank on West Main - they updated their logo and made a tall sign, but no more time/temp sign. It was kind of handy for those of us that don't have temperature readouts in our vehicles (and it seemed pretty accurate also). Now we are down to one time/temp sign on Main St. in Batavia  -the one in East Town Plaza.....oh well-may seem insignificant to some, was handy for others.

The winner of "The Little Habitat House" was Mark Schlaggel of Batavia. He was so relieved, he didn't have to build one for his 5 yr. old daughter, Marla.

Here Ron Burroughs and Sam Barone, from Genesee County Habitat, turn the key over to Mark Schlaggel and his daugher, Marla.

Marla received her new house on Labor Day and also starts Kindergarten at Robert Morris School, this week.

Thanks to all of you for your donations!!!!!!!!!!!!!!!!!!!!!

First Ward City Councilman Bill Cox says there is growing opposition to the school district applying for a grant to develop the North Street Extension with a series of athletic fields.

To help give First Ward residents a chance to share their thoughts on the proposal, he is hosting a community meeting Saturday morning from 9:30 to 10:30 at the Salvation Army Headquarters, 529 E. Main St.

"There is growing public opposition to this development," Cox said in a statement today. "As a councilman, resident, and taxpayer, I want to present the feelings of First Ward residents and taxpayers to council at the next city council meeting. I will also share my position with our residents on this proposal during the meeting."

Doors will open at 9:15 a.m.

The Batavia Police Department conducted a check point on Law Street from 10 p.m. Friday to 2 a.m. Saturday and released details on the enforcement action today.

Two people were arrested for alleged DWI, one person for alleged operation of a vheicle while under the influence of drugs and another person for alleged unlawful possession of marijuana.

The following arrests were made:

Julian J. Matla Jr. 46, of 35 Church St., Le Roy, charged with DWI.

Christopher Herman, 30, of 39 Citation Drive, Henrietta, charged with DWI and endangering the welfare of a child.

Shaun P. Murray, 52, of 117 Friar Drive, Rochester, charged with driving while ability impaired by drugs.

Ellen A. Murray, 52, of 117 Friar Drive, Rochester, charged with unlawful possession of marijuana.

Paul R. Tenney, 39, of Batavia admitted in court today that he stole more than $106,000 from his  employer, Elcon, Inc..

Under terms of the plea agreement, Tenney could be sentenced to five years probation and either six months in jail, or a four-month intermittent term, plus he could be required to repay the stolen $106,000.

Judge Robert Noonan released Tenney from jail following his guilty plea. Between now and his sentencing, Tenney will be under the supervision of Genesee Justice and must abide by a curfew from 6 p.m. to 6 a.m.

The jail sentence is the maximum time, under statute, that a convict placed on probation by a judge can be required to do, according to District Attorney Lawrence Friedman.

Tenney was arrested in early June for reportedly forging checks and falsifying business records.

A Batavia man is in satisfactory condition following a single-car, rollover accident on Route 98 in Alexander at 12:22 a.m. Monday.

David E. Stupp, 39, of 8052 North Bennett Heights, Batavia, suffered a fractured neck in the accident.

Stupp was reportedly driving northbound on Route 98 when his 2004 Mercedes-Benz convertible left the east shoulder. The car struck a ditch in a driveway culvert and overturned, coming to rest facing south.

No other people were involved in the accident.

Stupp was cited for DWI, unsafe lane change, speeding and refusal to submit to a breath test.

Justin Fay, who was an Eagle Scout, honor roll student and honor society scholar in college, pleaded guilty today to one count of misdemeanor criminal trespass for breaking into the Harvester Center one rainy Saturday night in late July.

Now a Rochester resident, Fay told Judge Robert Balbick in City Court that he did enter the Harvester Center without permission.

He had been facing a burglary charge.

Fay will be sentenced after the Monroe County Probation Department completes a pre-sentencing review.

We have no information at this time on his co-defendants, William F. Wernert III and Cory C. Pickering.

It looks like work has finally begun on the Ellicott Street railroad crossing. 

Center Street is closed at Ellicott. There is two-way traffic this morning on Ellicott, but guided by cones.

And they are off!  2009 Batavia Area Jaycees Labor Day 5k Run/Walk

Joseph D. Becerril, 21, of 320 Polebride Road, Avon, is charged with criminal possession of stolen property and petit larceny. Becerril was arrested at Darien Lake Theme Park for allegedly stealing items from cars in the parking lot. Becerril was jailed on $1,500 bail. The case was investigated by Deputy Jason Saile with assistance from deputies Frank Bordonaro and Howard Carlson as well as the State Police and Darien Lake security.

Joseph M. Hamm, 32, of 580 Glide Road, Rochester, is charged with DWI, driving with a BAC of .08 and unlicensed operation. Hamm was arrested after the Sheriff's Office received a report early Saturday morning of a car in a ditch off Sumner Road in Darien.

Eric P. North, 29, of 152 Linwood Ave., Amherst, is charged with DWI, driving with a BAC of .08 and failure to keep right. North was arrested following a traffic stop on Route 33 in Pembroke by Deputy Bradley D. Mazur.

Karen A. Dusky, 37, of 7158 Wright Road, Basom, is charged with DWI, driving with a BAC of .08, failure to keep right and endangering the welfare of a child. Dusky was stopped just after midnight Saturday morning by Deputy Patrick J. Reeves on Route 77 in Pembroke. She reportedly had a child under 17 in the vehicle with her.

Carrie M. Capizzi, 28, of 3300 Broadway, Alexander, is charged with DWI, driving with a BAC of .08 and failure to dim headlights. Capizzi was stopped for allegedly failing to dim headlights at 2:39 a.m. on Route 20 in Alexander by Deputy Howard Carlson.

Heather L. Leith, 30, of 3938  Risher Road, Youngstown, Ohio, is charged with DWI, driving with a BAC of .08 and inadequate headlights. Leith is also accused of with driving an unregistered vehicle, improper license plates and operating without insurance. Leith was stopped by Deputy Mazur just after midnight on Sunday morning. She was jailed on $500 bail.

A 17-year-old is charged with trespass. The youth is reportedly a former employee of Darien Lake Theme Park who had been banned from the property, yet was found in the park Sunday about 4 p.m..

Mitchell J. Atwell, 24, of 308 Mcintyre Road, Le Roy, is charged with harassment. Atwell is accused of making verbal threats during a dispute with a neighbor.

Christopher T. Herman, 30, of 39 Citation Drive, Henrietta, is charged with DWI, operating with a BAC of .08 and endangering the welfare of a child. Herman was stopped Sunday at 1:05 a.m. at a police checkpoint on Law Street. Herman reportedly had his 4-year-old son in the car.

Julian J. Matla, Jr., 45, of 35 Church St., Le Roy, is charged with DWI and operating with a BAC of .08. Malta was stopped at a police checkpoint at 11:58 p.m. Saturday.

Michael T. Ellis, 21, of 2781 School St., North Collins, is charged with DWI. Ellis was arrested by Batavia Police after allegedly failing to abide by rules set down in a conditional discharge for a previous DWI guilty plea.

Karen Grzybowski, 38, of 24 Audabon Terrance, is charged with harassment. The charge stems from an incident at 10:05 p.m. Saturday on Allegany Road in Darien. No details were provided.

Jacob R. Hennard, 20, of Bergen, is charged with DWI and operating with a BAC of .08. Hennard was stopped by State Police on Colby Road in Darien at 10 p.m. on Friday.

Police are responding to the 100 block of Elm Street, where a lost 6-year-old was found walking down the street crying.

UPDATE: It sounds like the child was reunited with her family.

There is a reported stabbing in the Country Meadows Trailer Park on Clinton Street Road. Law enforcement is on scene. Mercy EMS has been dispatched.

De-fense. De-fense. De-fense.

A crushing Notre Dame defense led the Fighting Irish to a 21-0 victory over Pembroke.

Pembroke managed only 15 yards of total offense in the first half, while Mike Pratt lead Notre Dame on offense all game, ripping some big runs while Nick Bochicchio connected with Gianni Zambito on two touchdown passes.

The Irish scored on their first possession after Pratt marched the team down the field before Bochicchio hit Zambito on a 35-yard bomb.

A missed field goal by Matt Thompson deprived Notre Dame of the chance to score a second time in the first quarter.

Thompson would redeem himself later in the came when he recovered from a bad snap to get off a great punt.

After two long runs in the second quarter, Pratt dove in from the three-yard line to put the Fighting Irish up 14-0.

In the second half, Pembroke continued to struggle on offense, putting up only a couple of first downs, and finished the game with less than 100 yards total offense.

Notre Dame's final score came in the third quarter when Bochicchio found Zambito again for a 31-yard strike.

Thanks to a reader for the info.

John Pontillo says he has tried doing everything he can to save Pontillo's on East Main Street in Batavia.

So far, all of his offers to buy the building and the business have been rejected. He doesn't know why.

"I offered a solution that gave the family business a chance to reopen and keep it in the family," John Pontillo said this afternoon. "It could be open right now. I made an offer that would have allowed us to take care of all our creditors. Bankers looked at it and real estate people looked at it and business people looked at it and all said, 'John, this is a good offer.'

"It's very frustrating. I don't know why it was rejected."

The landmark Pontillo's, which Sam Pontillo founded in 1947, shut down in November, with a sign appearing in the parking lot saying it was closed for remodeling. It turned out, however, that the business owed more than $112,000 in back taxes.

The brothers were soon in court trying to settle estate and debt issues and who would run the business.

And the fate of Pontillo's has been tied up in court since.

"We all grew up in this business," John said. "I would like to keep it in the family."

A for-sale sign appeared on Pontillo's yesterday about 4 p.m., but John is skeptical that the business and building can be sold before creditors foreclose on the property. He fears if his offer isn't accepted before foreclosure, there will be no more Pontillo's in Batavia -- not the family business his parents nutured into a regionally renowned destination for pizza and pasta.

As local restaurateur Sean Valdes noted in a comment yesterday, "This will be a hard building to sell as a restaurant. The overhead will be a challenge."

We have a call into Sam Pontillo seeking his comment on the situation.

Once in a while, a reader stumbles across a morning post by Joesph Langen which he titles "Conversations with Calliope" and asks us what they're about.

Langen is a writer and he uses The Batavian as a morning writing exercise to connect with his muse.

We've never put these posts on the home page. They're just a writer's journal about his writing.

But Langen has been doing it daily since almost the first day The Batavian started publishing. Now he's made a collection of his writings available for free in PDF form. Click here for home info.

He lists these 10 reasons to download the book:

1. Find out where writers get their ideas.
2. Hear what a writer does all day.
3. Listen to what writers say about being a writer.
4. I want my muse to be more helpful.
5. See how to get unstuck when you write.
6. Learn how to talk with a muse.
7. Explore what else writers need to know besides how to write.
8. Discover what keeps a writer going page after page.
9. Determine who supports a writer’s efforts.
10. Unearth the sources of writers’ inspiration.

Langen says he's now a full-time writer after 35 years as a psychologist. He recently published his first novel, "The Pastor's Inferno." His other books include on one life's lessons, "Commonsense Wisdom for Everyday Life," and a memoir about his nine years in a seminary, "Young Man of the Cloth."

C.M. Barons is a frequent commenter on The Batavian. Baron's published a novel last year, "In the Midst of."

Last month, Penguin Multimedia, a joint venture of Loren Penman of Batavia and her son, Brant, as well as Brian Gardner, shot a video promo for the novel at vintage clothing store Calista Miakoda on Ellicott Street.

The novel is available at Present Tense Books.