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The OTB is ready to do just about anything to avoid having the State Lottery pull all of the video lottery terminals from Batavia Downs Casino.

That was the message from Western OTB attorney Timothy McCarthy following a closed session meeting of the board at the casino and racetrack this morning.

"They're the boss and it's important they are treated as such and that we not get in a fight as to what we may have done," McCarthy said.

While characterizing the issues raised by the State Lottery in a Feb. 3 letter to the OTB board as "procedural" and "administrative," he said the board is taking the warning very seriously and will react accordingly.

He stressed that there are no allegations of criminality or missing money.

Before the board went into closed session, McCarthy said a private meeting was necessary in order to discuss possible litigation.

After the meeting, McCarthy said there is no plan to get involved in a lawsuit, but given the nature of the enforcement action, the possibility of a hearing and the need to preserve attorney-client privilege, he thought the private session was necessary.

"We chose not to be pugnacious," McCarthy said. "We chose to try and work with the Lottery. We take the Lottery very seriously. The determination by the board was, 'let's find the best way to keep peace.' The best way to keep the peace is to go hat in hand to the Lottery. There is no benefit to be achieved by being litigious, but nevertheless, that option, as it obviously must, was considered."

McCarthy noted that Batavia Downs has provided $75 million in revenue for state schools since it opened with VLTs (slot machines) in May 2005. The Downs also provides a good deal of revenue to local government agencies.

He said the board will do what's necessary to maintain that cash flow.

"If they (board members) want to characterize it as going to the woodshed, they may very well characterize it as such," McCarthy said.

The board agreed to send a four-person delegation to Schenectady to meet with Lottery officials in order to find a solution to the threat of closure.

Among the Lottery's requests is that the Downs hire a consultant to help put the procedural and administrative issues back in order. McCarthy did not say so explicitly, but the tone and tenor of his remarks indicate a willingness to follow that advice.

The members of the delegation will be Paul Lattimore, from Cayuga County, Richard Bianchi, Monroe, Richard Siebert, Genesee and Marcia Touhey, Orleans.

Previously:

• State Lottery threatening Batavia Downs over management issues
• Batavia Downs pledges to work with regulators to address concerns

 

Michael Pullinzi says he has a record as a landlord that he will stack up against anybody.

He feels he was treated unfairly by the Batavia City Council on Monday when the council voted 5-4 to deny him a property at 9 Willow St. that he won in a city auction of delinquent tax properties.

"I challenge them to do a fair comparison of all landlords in the city on the same seven-year period, and I guarantee I will be near the bottom of that list," Pullinzi said in a comment left on the site. "I put over $100K into my properties last year alone and have several open contracts for windows, roofs, siding, carpet, already for this year. I have always been very cooperative with code personnel and all issues are resolved promptly."

Pullinzi's comment was removed because The Batavian has a policy of not editing comments, but there was one sentence that ran counter to site standards.

A copy of the memo given to council is thin on details, but lists reported violations that appear to have more to do with tenant conduct than landlord misconduct.

The list violations include failure to remove debris, yard waste and garbage. The memo also cites grass violations in "multiple" years at 4 Swan St.

Other reported violations include "paint" and "interior viol."  There was also reportedly an unlicensed auto reported at 44-46 Walnut St. in 2003.

"If they had bothered to contact me, I could have explained the most of the 13 code citations over seven years were tenants putting out an extra bag of trash," Pullinzi said. "Most issues in the notices were resolved before I even received the notice and I never had to received a secondary notice on any matter."

The memo states that all violations were corrected and that none of the property owners who bought property at the auction had any outstanding violations, nor had any of the property owners been billed for corrective actions taken by the city.

Among the violations Pullinzi said he received notice on was for a driveway that needed potholes fixed.

"The problem was that it was not my driveway and instead was a city alleyway along the side of my property," Pullinzi said. "To date, the city has not fixed the potholes they demanded I fix, and it has been years."

While the city memo doesn't specify police calls to properties owned by Pullinzi, he said any concern about such calls is misplaced.

"I rent to a lot of handicapped and special-needs tenants and the majority of the police contacts were for emergency medical care calls," Pullinzi said. "Others were for my finding a tenant in a diabetic coma about a year ago, and another contact was my finding the tenant deceased and contacting police. I guess (City Council President Marianne) Clattenburg and (Councilwoman Kathy) Briggs are saying no one should rent to ARC or special-needs individuals or those with medical concerns."

Pullinzi owns properties at 4 Swan, 44-46 Walnut St., 25 Fisher Park, 203 Ross St. and 511 Ellicott St.

If the Muckdogs don't last in Batavia, it won't be because Russ Salway didn't put every ounce of passion he has behind the effort to save the team.

The Le Roy native spends at least 10 hours a week in an office at Dwyer Stadium calling on local and regional businesses trying to sell season ticket packages and special event attendance as well as stadium advertising.

If you bump into him around town, he's likely going to want to talk at some point about the Muckdogs and the need for fan support this season -- this season, especially.

Salway has also set up a group on Facebook called, appropriately enough, Let's Keep the Batavia Muckdogs in Batavia.

Russ Salway doesn't work for the Muckdogs or the Rochester Red Wings, who took over management of the team three years ago. Salway is a volunteer.

"We are obviously operating with a small staff, so we can't get to everything," said General Manager Travis Sick. "So to have somebody like Russ, who is so familiar with the community and knows a lot of people, is a great help.

"He's a tremendous help to us," Sick added. "A lot of people say they want to help, but very few come through like Russ. He's great."

Salway said he is putting so much time and effort to promote the Muckdogs because he can't image Batavia without minor league baseball.

"If we lose the team, we'll never get another one," Salway said.

Last season, the Muckdogs lost about $150,000. That deficit was covered by Rochester Community Baseball, the community group that owns the Red Wings. Club officials say they can't sustain those kinds of losses indefinitely. 

"The Red Wings are definitely behind baseball here, but we need to show some improvement," Sick said. "This is still a business and we can't sustain a hundred-thousand-dollar loss year after year. I don't want to call this a make-or-break year, but we've got to show some improvement."

And Salway says he's making progress. He's finding more people and businesses willing to make a commitment to the Muckdogs this season.

"People are really stepping up," Salway said. "There is no reason we can't make this work."

Sick said season ticket sales are slightly ahead of sales from this time last year.

Salway has become such an integral part of promoting Muckdogs baseball, that it's hard to forget it's not his real job. He has worked for O-AT-KA Milk Products for 15 years, where he mixes ingredients for speciality drinks. 

His schedule allows him to go to Dwyer Stadium to field phone calls for a couple of hours during the week. He runs the Facebook group from home at night.

You might think all of this extra time spent on a volunteer effort might put a strain on his personal relationships, but Salway said that his fiancee, Kellie Porter, is 110 percent behind his effort and even puts in volunteer hours herself.

Both Salway and Porter are doing it, not just for the community, he said, but for their children.

"My kids grew up down the road from Dwyer and we've been going to games for years," he said. "I want the team to remain for years so I can take my grandchildren. It's such a great thing for the community. It's a safe, family-friendly environment. It's really the last place in the county were you can go and see old friends and make new ones."

Sick said it won't take much for the team to show progress -- if more people would just go to one more game a year and a few bring some friends, that would help. The team draws about 2 percent of the population to games. If that number just ticked up a notch to 3 percent, it would make a huge difference, Sick said.

The Muckdogs are part of a tradition of professional baseball in Batavia that goes back to 1939. The New York-Penn League was founded in Batavia. Salway said Batavia shouldn't lose that continuity and that sense of history.

The next big event in the life of every Muckdog's fan is the Hot Stove Dinner on Friday at the Batavia Party House. It may be possible to purchase tickets ($25) at the door, but it would be better to buy them in advance at Dwyer Stadium.

I happened to stop in Terry Platt's office today and the conversation eventually got around to dog tricks. It turns out his dog, Kiwi, likes to chew gum. That was entertaining to watch.

Mary E. Pawlukiewicz, who died last night in a fire at 132 State St., was warned just this past Sunday by fire officials about the dangers of smoking around her oxygen tanks.

That small fire Sunday was the second, and possibly, third smoking-related fire connected to the 57-year-old Pawlukiewicz.

In the summer of 2009, in the parking lot of Walmart, a car reportedly occupied by Pawlukiewicz caught fire and was destroyed. She sustained minor burns in that fire. Smoking and oxygen tanks were reportedly to blame for that blaze.

In 2002, there was a fire at 132 State St., but it hasn't been determined with certainty yet that Pawlukiewicz was living at the residence at the time.

There are currently no regulations requiring no smoking by patients using oxygen tanks.

At least one of Pawlukiewicz's tanks exploded last night.

As for the fire Sunday, Det. Rich Schuaf said at a press conference this morning that when the Fire Department arrived, the oxygen unit had been disabled, but its alarm was sounding and a tube had been disconnected.

"She reported that there was a fire, but it was out by the time the fire department got there," Schauff said.

Last night's fire could have been much worse, according to Schauff. A woman, Melissa Ricigliano, and her three children were just leaving at 5:45 p.m. to visit a neighbor. That was an unusual time for them to leave, Ricigliano reportedly told police. Normally, they wouldn't leave until 6 p.m., in which case her and her children would have been in their apartment not yet in a position to evacuate quickly.

Last night, as soon as Ricigliano opened her door, an alarm sounded and there was an explosion. She was able to quickly get her children, all under age 6, out of the building.

"She felt quite fortunate that her plans changed and she left early that day," Schauf said.

There was an attempt made to rescue Pawlukiewicz. Officer Chris Camp as well as witnesses tried to gain entry to the burning building, but the heat and flames were too intense.

Camp tried to enter through the front door and from a south side window, but couldn't get access.

"He was told there was a good chance that she was (still inside)," Schauf said. "The neighbor had a strong feeling she was there. She wasn't positive. She hadn't seen her that day, but she felt she should be in there. She was persistent that there was a good chance she was in there."

City officials are inspecting the building today to determine whether the other two families living there will be able to re-enter the building any time soon to either recover property or move back in.

Currently, they are receiving assistance from the American Red Cross.

Picture: Det. Rich Schauf, left, and Capt. Patrick O'Donnell, at this morning's press conference.

Any bloke can pour a beer, but getting the perfect head on a Guinness -- that's an art.

It turns out that nobody in New York, or the entire Eastern United States for that matter, pours a better Guinness than the staff at O'Lacy's Irish Pub on School Street in Batavia.

The O'Lacy's pour is so good, in fact, that it placed number three in the nation in a contest sponsored by the Ireland-based Diageo Company, makers of Guinness.

The winners were selected based on the text-message votes of patrons of bars that serve Guinness.

O'Lacy's, opened in 1997 and is owned by Kent Ewell & Nancy Bachulak. It beat out 2,100 other contestants for the "best pour" honor.

These are pictures from the fire we reported this afternoon on Bank Street Road. The fire was confined to a garage owned by Everett West. The fire appears to have started with a wood stove in one corner of the garage and quickly spread to the second level. Daniel West was working outside of the garage at the time of the fire and spotted smoke coming from the garage and called 9-1-1.

Town of Batavia and Elba fire responded and Oakfield and Stafford provided standby at the Batavia fire halls.

More pictures after the jump:

(Post updated 10:18 p.m.)

A woman who'd been reportedly warned about smoking near her oxygen tank died tonight in a fire at 132 State St., Batavia.

The cause of the fire has not yet been determined, but several people reported hearing explosions as the fire broke out.

Batavia Police Officer Chris Camp was the first on scene and reported a fully involved structure fire. Camp and witnesses tried to enter the residence to rescue the woman, but flames, fed by exploding oxygen tanks, prevented them from reaching her.

UPDATE 9:42 a.m., Wednesday: The woman has been identified as Mary E. Pawlukiewicz

The woman's husband arrived at the scene about 6:45 p.m., but other family members had not yet been notified, so the woman's identity was not released. She was 57, reportedly confined to a wheelchair and lived alone in a ground-floor apartment.

Batavia Fire Chief Ralph Hyde said city firefighters found the woman's body buried under rubble.

"That was hard on them," he said.

The complex was home to three families, according to landlord Chuck Pero.

"It's just too bad that it happened," Pero said. "She was warned about not smoking with the oxygen. She wouldn't listen to anybody."

When firefighters arrived on scene at 5:45 p.m., flames were already reaching into the attic, according to Hyde.

"I had some report of an oxygen tank exploding, which would have fed that fire very rapidly," Hyde said.

The investigation by Batavia fire and police remains ongoing at 10:15 p.m., with the assistance from Genesee County Deputy Emergency Management Coordinator Keith Hunt and and New York State Fire Investigator Montour Falls.

American Red Cross is assisting the other displaced families.

Above, after learning of a family member's death, relatives console each other with a fire official.

More pictures after the jump:

Above, residents remove an aquarium that firefighters carried from the building after the fire was out. One of the residents said the aquarium contained a bull python.

A house fire has been reported at 132 State St., Batavia.

It's a confirmed working structure fire in a four-unit complex.

Numerous explosions reported in the building. An elderly woman may still be in the building.

It's gone to a second alarm.

UPDATE(S)(Billie Owens)( (5:57 p.m.): They first accessed the basement. Soon thereafter over the scanner -- "We've pretty much got it knocked out," reports a firefighter at the scene. All occupants are out. They're checking the basement, first and second floors once more.

UPDATE (6:01 p.m.): Heard over the scanner: "We've got zero visability up here. Can we please get some windows broken out." Also, a Town of Batavia crew is heading to city fire headquarters for standby.

UPDATE (6:11 p.m.): They've almost got the fire out in the attic now, but need ventilation. There are no windows, so they're going to tear open the roof.

UPDATE (6:22 p.m.): City police have confirmed there is one fatality.

UPDATE (6:34 p.m.): The property owner, Chuck Pero, said the person who died in the fire was an older woman who'd lived there 15 years. He said she was recently warned not to smoke around her oxygen tank. But the cause of the fire has not yet been determined. Also, National Grid is headed to the scene and American Red Cross is requested to assist one resident.

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Employees of Angelica Textile Services, located at 3 Apollo Drive in the City of Batavia, have been evacuated from the building following a smoke alarm.

It is reported that there is possibly a fire smoldering in a dryer vent, where some lint may have ignited during maintenance work.

A little smoke was seen coming out of an exhaust blower vent. A firefighter asked that the blower be turned on and "send a drying chemical right up through the system."

The company at that location provides linens and "textile solutions" to the healthcare industry.

A garage fire is reported at 8058 Bank St. Road in the Town of Batavia. The town's firefighters are responding and an engine is requested from Elba.

The roof of the garage is smoking and the cause is believed to be a wood stove.

Oakfield is filling in at Station 1 and Stafford is filling in at Station 2. Mercy EMS is nearby in case needed.

UPDATE (12:28 p.m.): Heavy fire is on the second floor moving to first floor.

UPDATE (12:32 p.m.): Elba fire police are requested at Bank Street Road and Hawley Road as well as Saille Drive and Bank Street Road.

UPDATE (12:37 p.m.): A portion of Bank Street Road is being closed to traffic. The fire is coming through the ceiling now and the firefighters are breaking up the middle of the structure to fight it.

UPDATE (1:19 p.m.): The fire is under control and a few minutes ago a fireman said "three sides look good."

Howard Owens took pictures at the fire scene, which he will post later today.

Taylor Dylan Carbonaro, 19, of 1044 Peck Road, Hilton, is charged with unlawful possession of marijuana. Carbonaro was stopped on Route 77 in Pembroke at 7:07 p.m. Monday by Deputy Patrick Reeves for an alleged traffic violation. Deputy Reeves reported smelling the odor of burnt marijuana emanating from the car and found Carbonaro allegedly in possession of cannabis. Carbonaro was also issued tickets for alleged failure to keep right and throwing refuse/cigarette on the highway.

Todd L. Fairbanks, 27, of 38 Prospect Ave., Batavia, is charged with aggravated harassment 2nd. Fairbanks is accused of making several unwanted and annoying telephone calls to a female acquaintance. He was jailed on $1,000 bail.

Rebecca L. Santiago, 23, of Stafford, was arrested Jan. 23 and charged with petit larceny. The arrested appeared in today's State Police blotter. She was also charged with criminal mischief. No further details provided.

A 17-year-old girl from Corfu is charged with harassment 2nd. She was arrested by State Police in Pembroke at 11 a.m. Monday. No further details provided.

Accidents from the State Police blotter:

6:22 p.m., Feb. 8, Weatherwax Road, Elba, one vehicle; Driver 1: Glenn J. Northup, 63, of Byron. No injuries reported.

Two women were seriously injured in an early morning accident on East Main Street.

The accident occurred at 12:45 a.m. after a woman whose car became disabled called a friend for help. That friend was pushing the car from the middle of the roadway when another vehicle slammed into the disabled car.

The woman pushing the disabled car was struck and pinned between the vehicles. The disabled car was hit so hard it traveled another block down the street.

Both women were taken to Strong Memorial Hospital by ambulance.

The names of the women have not been released yet nor has the driver of the other vehicle been identified. That driver was not injured.

The accident remains under investigation by City Police and the State Police Accident Reconstruction Team.

(via WBTA)

UPDATE: The people involved have been identified:

• Pearl Jefferson, 19, of Rochester, was the driver of the disabled vehicle. She suffered a head injury.
• Megan McClurg, 19, of Perry, was Pearl's friend who was pushing her car. Megan suffered leg injuries.
• Brandon Gendron, 21, of Oakfield, was the driver of the second vehicle. He was not injured.

Jefferson was treated at Strong Memorial Hospital and released. McClurg is in satisfactory condition at Strong.

Police do not suspect drinking was involved. The investigation is pending. 

Gendron was driving a Dodge minivan and Jefferson was driving a Chevy Cavalier.

Landlords, if you expect to buy property through future city real estate auctions, you better make sure you don't have any prior code violations on your record.

At least that's the message the Batavia City Council decided to send tonight when it voted against selling a property at 9 Willow St. to Michael Pullinzi, who has reportedly been cited 13 times over seven years on five different properties.

"Our neighborhoods have problems and go bad one year at a time, one day at a time, one decision at a time," said Councilman Bill Cox in support of the motion to deny Pullinzi a chance to buy the property. "We need to start saying, ‘we’re no longer going to accept the status quo.'"

Pullinzi bid $21,000 for the property, which came up for auction after the city foreclosed on the land for non-payment of property taxes.

The second highest bidder, at about $20,500, will now be offered the property.

Council members Rose Mary Christian, Frank Ferrando, Sam Baron and Bob Bialkowski all voted against denying Pullinzi the land.

Ferrando said it was unfair to deny Pullinzi the property "out of the blue," when the council has never acted before on its discretion to deny an auction winner the real estate.

"We’ve never looked at this," Ferrando said. "It doesn’t mean we shouldn't. This is great. But I think we should from this point on work to put together a procedure and a process and be able to inform the citizens of our community this is the criteria established, if you’re going to bid on property, here are our expectations."

City ordinances allow the council to consider past history and decide whether the auction winner will be a responsible property owner.

Christian argued that the city has a code-enforcement officer and Pullinzi promptly responded to previous citations, fixing the problems in question.

City Council President Marianne Clattenburg favored taking a stand on this case to send a message to other landlords.

"There is a cost associated with opening up (those cases) and investigating them," Clattenburg said. "If you want to make the case that they’re closed that’s fine, but some of us have a problem with the fact that they existed in the first place."

After being interrupted by Christian, Clattenburg added, "The city had to hire another code-enforcement officer at considerable expense because of issues like this. Let’s not forget that we made it an issue to enforce this at considerable expense to the taxpayer."

Also sold at auction were 3 Roosevelt Ave. to Robert Norton for $35,000, and 3-5 Hutchins Place to Greg Post for $600. Both of those properties were sold following property-tax foreclosure.

The following properties were also sold: 432 South Jackson and 438-440 South Jackson to Richard Spicola for $3,100; 618 Ellicott St. Rear to Genesee & Mohawk Valley Railroad for $1,000; East Main Street Rear to Greg Post for $500; and, E/S Clifton Ave. to David J. MonteVerde for $500.

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The audience was quite small for tonight's public hearings on the proposed 2010/2011 City of Batavia budget and a proposed water rate increase.

Between the two hearings, one person -- John Roach -- made a statement.

City Council President Marianne Clattenburg said she wasn't surprised.

"It (the lack of turnout) tells me that they've probably contacted us personally," Clattenburg said. "They've been following things in the media and understand the position we're in and realize we're trying to work through some difficult times. As always we're open to listening to constituents and if they can't make it to the meeting -- lots of people do get their information from other sources -- and they let us know."

There was no vote taken tonight (that will come at the next council meeting), but this was the chance for the public to weigh in on a proposed 1.5-percent property tax increase and the first in a series of planned, gradual water rate increases aimed at raising money to fix infrastructure.

Clattenburg said the council has gotten ample feedback from members of the public prior to tonight's meeting.

"People have come forward," Clattenburg said. "They realize the reasoning behind the tax increase and what we're trying to do with the infrastructure improvements and I think they just support what we're trying to do."

The Grand Jury has issued a two-count indictment against Lekisha M. Avant. Avant is charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th. The indictment alleges that on Feb. 8, 2005, Avant, while at the Days Inn, 200 Oak St., Batavia, did knowingly and unlawfully possess a narcotic drug, cocaine, with the intent to sell it. The indictment further alleges that on Dec. 29, 2009, Avant was again at the Days Inn and knowingly and unlawfully in possession one or more preparations, compounds, mixtures or substances containing a narcotic drug (cocaine) having an aggregate weight of one-eighth an ounce or more. (For initial arrest report, click here.)

The Grand Jury also issued a two-count indictment against Charles Brown. Brown is charged with aggravated unlicensed operation 1st and aggravated unlicensed operation 2nd. The indictment accuses Brown of driving on Aug. 20, 2009, on the Thruway through Le Roy when he knew, or had reason to know that his license was suspended. Brown allegedly was operating with 10 or more suspensions imposed on at least 10 separate dates. The alleged suspensions date back to Feb. 6, 2003.