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Police Beat: Following accident, man accused of taking car without permission

By Howard B. Owens

Michael A. Jamil, 26, of 10 Prospect Ave., Batavia, is charged with following too closely, aggravated unlicensed operation 3rd, uninspected motor vehicle and unauthorized use of a vehicle 3rd. Jamil was arrested following a three-car accident at 11:40 a.m. Thursday. Jamil was reportedly driving westbound on Main Street and struck another car, which pushed that car into a third vehicle. A passenger in one of the vehicles, Amber L. Blanco, 19, was transported by ambulance to UMMC, complaining of abdomenal pain. Further investigation by Officer Jason Davis revealed that Jamil allegedly took the vehicle he was driving without the owner's permission.

Cole Y. Holstein, 25, of 2129 Angling Road, Pembroke, is charged with unlawful dealing with a minor. Holstein is accused of hosting a large underage drinking party. He was arrested at 12:30 this morning.

Jenna J. Condoluci, 19, of 230-A W. State St., Albion, is charged with petit larceny. Condoluci was arrested on a failure to appear warrant out of Batavia City Court after she had been scheduled for arraignment on Jan. 5 on a petit larceny charge. Condoluci was in Monroe County Jail on an unrelated charge and was taken into custody by Officer Kevin Defelice upon her release. Condoluci was jailed on $500 bail.

Stephen C. Hawley, 22, of 775 Main St., Apt. 509, Buffalo, is charged with DWI, aggravated DWI (operating with a BAC of .08 or greater), operating on median, speed not reasonable and prudent. Hawley was taken into cusody following a property damage accident near the intersection of East Main Street and Clinton Street. Hawley allegedly made a left-hand turn onto Clinton, driving onto the median and striking a pedestrian crossing light pole. Neither Hawley nor his female passenger were injured in the accident.

Michael R. Malicki, 19, of 9620 Vermont View Road, Machias, is charged with unlawful possession of marijuana. Malicki was arrested at 1:07 a.m. Saturday, by Officer Frank Klimjack.

Tammy Jean Wolfley, 41, of 3021 Sprague Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in no passing zone, and throwing refuse on a highway. Wolfley was arrested at 3:21 a.m. Sunday, following a traffic stop by Deputy Jason Saile.

Bradley C. Frederick, 47, of 500 Walnut St., Lockport, is charged with DWI, driving with a BAC of .08 or greater, speeding (67 mph in 40 mph zone). Frederick was stopped by Deputy Tim Wescott at 8:40 p.m. Friday, or allegedly failing to dim headlines and speeding on Route 63 in Alabama.

Wayne M. Smith, 59, of 9780 Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and driving with no or inadequate headlights. Smith was stopped at 10:44 p.m. Friday, by Deputy James Diehl on West Main Street Road, Batavia.

Accidents from the State Police blotter:

1:27 p.m. Feb. 20, Walmart parking lot, Batavia, two vehicles; Driver 1: Daniel W. Shea, 49, of Batavia; Driver 2: Lloyd E. Hall, 56, Le Roy. No injuries reported.

Police Beat: Woman accused of violating order of protection

By Howard B. Owens

Lori A. Brickwood-Coles, 31, of 219 Liberty St., Batavia, is charged with criminal contempt 2nd. Brickwood-Coles is accused of violating an order of protection. She was ordered to stay away from the work place of an acquaintance and allegedly did not.

Accidents from the State Police blotter:

2:52 p.m., Feb. 17, Maple St., Alabama, one vehicle; Driver 1: David L. Tyler, 58, of Le Roy. No injuries.

4:17 p.m., Feb. 17, Gabby Road, Pembroke, two vehicles; Driver 1: Tiffany L. George, 23, of Basom; Driver 2: James L. Keyes, 48, of Buffalo. No injuries.

7:32 p.m., Feb. 17, Steven Hawley Drive and Bank St. Road, one vehicle; Driver 1: Kathy A. Saeli, 47, of N. Chili. No injuries.

8:38 p.m., Feb. 17, East Main St., Town of Batavia, one vehicle; Driver 1: Dimitrios G. Manou, 19, of Webster. No injuries.

8:28 p.m., Feb. 16, Route 63, Alabama, one vehicle; Driver 1: Jeffery A. Luxon, 25, of Middleport. No injuries.

Batavia City Council moving closer to considering whether to set up committee system

By Howard B. Owens

There is at least some interest among Batavia City Council members in setting up a committee structure similar to what the County Legislature uses.

When voters approved a revised City Charter in November, they granted the council the ability to reorganize the way it does business by going to a committee system.

City Council President Marianne Clattenburg said that the first priority for the new year was getting a budget passed, and with that vote scheduled for Monday, the council can turn its attention to strategic planning, which includes reviewing committee structure and options and deciding what would be best for the city.

"This is something for council to decide -- whether we want to have standing committees or set up temporary ad hoc committees -- as part of our strategic planning process," Clattenburg said. "I haven't really looked at it that closely yet. I’m going to let the council debate that as a group and go with the majority opinion."

At the County Legislature, the legislature has divided itself into three standing committees -- Public Safety, Human Services and Ways and Means. Resolutions are drafted by staff, brought to the committee and reviewed by the elected officials on the committee. Resolutions that involve an expenditure often go through two committees, with one of them being Ways and Means. By the time a resolution reaches the entire legislature, all members have reviewed it in one or more committees. When the legislature meets as a body, the resolutions are usually passed with very little discussion.

That is not a process that received universal support from council members.

Fifth Ward Councilwoman Kathy Briggs said she supports the idea of standing committees, but doesn't believe that issues shouldn't also be discussed when the full council meets.

"I would like to have a committee do research, come up with recommendations and go from there and we have a healthy discussion (at council level)," Briggs said. "I would never want to have a situation where it’s 'here’s the recommendation and here you go.' I don’t think that would go over well."

But operating more like the County Legislature is exactly what the council should do, according to Fourth Ward Councilman Bob Bialkowski.

"I honestly feel we can streamline the way we’re doing our business," Bialkowski said.

At-Large Councilman Frank Ferrando said he's interested in the committee system and believes a majority of his colleagues are intrigued by the idea, but he wants to know more about how Batavia might move forward with a reorganization.

"I think committees, in my personal opinion, are committees working on specific assignments, whether ad hoc or permanently, and they can work more efficiently and effectively to help the council in a way that will make the council better and better able to react to situations," Ferrando said.

In the Third Ward, Councilman Sam Barone isn't sure about committees. He said he hasn't decided one way or the other whether he will support a committee system.

Councilwoman Rose Mary Christian, representing the Sixth Ward, said she needs to know more about how a committee system would work before deciding whether to support it.

Council members Bill Cox, Tim Buckley and Patti Pacino could not be reached for comment.

OTB committee reports productive meeting with Lottery officials on Batavia Downs

By Howard B. Owens

Batavia Downs is not closing.

That's the message this morning from Western OTB Board Member Dick Siebert, who was part of a committee that met with State Lottery officials in Schenectady yesterday.

"We want our friends in the community and our employees to know that they're not going to be out of jobs," Seibert said. "Batavia Downs is not closing and that never really was the plan according to them (Lottery officials)."

The OTB told Lottery officials that they will begin immediately the process of hiring a consultant to help Batavia Downs come into compliance with Lottery regulations. The consultant will be hired in cooperation with the Lottery.

There have been no allegations of any misuse of funds, missing funds or serious wrongdoing. The Lottery issued a letter Feb. 3 raising concerns about procedural and administrative practices at the Downs and threatened to pull its video lottery terminals by March 1 if the Downs did not take steps to correct the reported deficiencies.

Siebert said he believes Lottery officials are now satisfied that the OTB board has a plan and is on the right track to address the state's concerns. The March 1 deadline has been lifted, he said.

"I'm sure as long as we show we're working diligently to do what the Lottery wants us to do, I'm sure the Lottery will be flexible (on the deadline)," Siebert said.

The consultant -- which must be approved by the Lottery -- will help the Downs comply with Lottery requirements and ensure it remains open.

Irish to host Ice Devils for hockey sectional game this Saturday

By Timothy Walton

File photo: BHS's Adam Kurek prepares to save a shot by ND's Kyle Gannon in the last matchup on January 19, 2010.

Almost exactly a month after the last time the Notre Dame Fighting Irish hosted cross town rival Batavia Ice Devils, the two teams will meet again. This time, there is more at stake. Saturday at 1:00pm the rivalry will continue into sectional play in front of what is sure to be a packed house at the Falleti Ice Arena, as the third seeded Irish will host the sixth seeded Ice Devils.

"I'm not sure if I sure be nervous or excited to play Batavia again", says Notre Dame senior Ivan Madafferi. "It's going to be one of the biggest things I will have a chance to be a part of."

The two teams have already faced off twice this season and split the pair of games. Notre Dame defeted the Devils in Batavia's David M. McCarthy Memorial Tournament 4-1, and Batavia took revenge during the second game and was victorioious 2-1.

"We'll prepare for the game just like we would for any other sectional game", says Batavia senior Will Mulcahy. "For us it helps playing Notre Dame because we always play our best hockey against them, so playing them in sectionals is just a plus". Mulcahy lead the Ice Devils in points during the regular season with 21 goals and 6 assists.

Both Notre Dame and Batavia played in the same division for the season where Notre Dame finished in second and Batavia followed in third. The way the seedings work, more teams join into the bracket for sectionals which gave the two teams the seeding differential and the opportunity to play again.

"We have been preparing for this all season" says Batavia senior Corey Kocent. "Sectionals is a true test to see how far your team has come by season end. At the beginning of the year, we made it clear that we wanted to win a sectional title."

The two teams have not faced each other in sectional play since the 2003 playoffs, where Batavia came away victorious and eventually moved on to the state championship game.

The Irish finished this season with a 12-5-2-1 (W-L-T-OTL) record and Batavia finished at 10-9-1.

Notre Dame has found much success this season with junior goaltender Tom Dehr, who is ranked one of the top goalies in Section V. He finished the season with a save percentage of 91.9% and just 1.92 goals allowed per game.

Although he may be an advantage for the Irish, their tendency to take penalties may be the advantage for Batavia, who was the least penalized team with only 109 penalty minutes, compared to the Irish who had 234.5 this season. To overcome this ND senior Jerod Adams says "we just have to worry about what's going on on the ice and keep focused on not take any bad penalties". "It's going to be key for us to not let the emotions of the building get to us", added Madafferi.

The winner of the game will move on to face the winner of  (2)Victor  vs (7)Canandaigua.

Genesee, Orleans, Wyoming County Volunteers Gather to Kick Off 2010 Appeal for Catholic Charities

By Kevin Manne

About 70 parish workers, clergy and volunteers from Genesee, Orleans and Wyoming counties took part in a luncheon and volunteer training workshop Saturday at Bohn’s Restaurant & Lounge in Batavia. The annual event was held in preparation for the 2010 Appeal for Catholic Charities, which carries a goal of $10.5 million.

Fund-raising events and activities for the annual campaign are already under way. One week in particular – Appeal Week which will take place March 21 through March 28 – is vital to the overall campaign as parishes across Western New York will celebrate those parishioners who have already donated, and encourage those who have not yet donated to consider what they can do. The theme for Appeal 2010 is “Whoever. Whenever. Wherever.” capturing the very essence of the organization’s mission - to serve anyone in need throughout our eight-county region, empowering individuals, children and families to achieve and maintain meaningful, healthy and productive lives.

Catholic Charities serves tens of thousands of people across the eight counties of Western New York each year. Catholic Charities helped more than 3,200 people from Genesee, Orleans, Wyoming counties alone in 2009; through such programs as emergency assistance and advocacy, Our Kids: Parent Education and Awareness Program, Domestic Violence Program for Men, the School Intervention Service program in LeRoy schools, and ProjecTruth.

Bishop Kmiec recognized that the Appeal goal of $10.5 million is an aggressive one, but he reminded attendees at today’s workshop how essential this year’s Appeal is to the Western New Yorkers in need, who depend on Catholic Charities each day.

“Our goal is 10.5 million dollars, down slightly from a year ago, reflecting the challenges we face raising funds in the current Western New York economy while also taking into consideration the ongoing, and great necessity for the programs and services we offer,” he said.

Offices in Batavia, Warsaw, Albion and Arcade provide individual, couples and family counseling, as well as assessment, evaluation, assistance or referral to Catholic Charities or other community programs as appropriate.

The agency also offers other specialized programs in the area, including Our Kids: Parenting Education and Awareness Program for separated, divorced or never married couples experiencing conflict raising their children, and a Domestic Violence Offenders Program, a court-mandated program that holds offenders accountable and works for change to end domestic violence.

Those in attendance heard from a counseling client* who shared her story about how she found herself at Catholic Charities in Batavia after fleeing a domestic violence situation at home.

“I had tried in the past to reach out for help – and when I didn’t find it, I felt trapped,” she said. “So I left home, and found myself living in a safe home that helped me meet my immediate needs. From there, I was referred to Catholic Charities. My counselor Tammy helped me to get back into my career and into a situation at home that is healthy for me and for my children. Catholic Charities is my lifeline for support.”

Also in attendance at the event were Sister Mary McCarrick, interim diocesan director of Catholic Charities; 2010 Appeal Chair Michael “Mick” Whipple; members of the Appeal leadership team; Paul Battaglia, CPA, member of Catholic Charities Board of Trustees, who served as emcee for the luncheon., as well as community volunteers, clergy and lay leaders from the 19 parishes in Genesee, Orleans, Wyoming counties.

Sister McCarrick said, “Catholic Charities is always there for whoever is in need of help …infants, children, the evicted adult and single parent, low-income families; wherever help is needed –– we are in every city in Western New York, and whenever help is needed – in a troubled marriage, with parenting skills or in a basic needs crisis.”

Appeal Chair Mick Whipple recognized and thanked the volunteers in Genesee, Orleans and Wyoming Counties who have once again pledged their time and commitment to the Appeal.

He went on to tout the efficiency of Catholic Charities and how each donation will help.

“Catholic Charities is an excellent steward of donations – fund-raising costs are very low, at about seven percent, administrative costs are just 11 percent,” said Whipple. “Share the story you heard today – the success story – with people you come across so they know that when they donate to this organization, change happens.”

Catholic Charities is the most comprehensive direct human service provider serving all eight counties of Western New York, with 70 programs and 61 locations. Founded in 1923, Catholic Charities also provides, without regard to religious affiliation, comprehensive counseling services for children and families, anti-domestic violence programming and emergency services, among other social and mental health services.

The goal for the 2010 Appeal is $10.5 million and is under the patronage of Saint Damien.

For more information on the 2010 Appeal or to make a donation, contact Catholic Charities at (716) 218-1400 or go to www.ccwny.org.

*Client wished to remain anonymous.

Police Beat: Driver accused of flashing fake Colorado license

By Howard B. Owens

Alexander John Delahanty, 20, of 29 Woodstock Lane, Brockport, is charged with criminal possession of a forged instrument. During a traffic stop in Bergen at 6:10 p.m., Sunday, by Deputy Matthew Butler, Delahanty was allegedly found in possession of a fake Colorado driver's license.

Accidents reported on the state police blotter:

12:55 p.m., Feb. 14, Broadway, Town of Darien, two vehicles; Driver 1: Scott R. Dalba, 44, of Oakfield; Driver 2: Steve M. Trader, 35, of Attica. One reported injury.

2:30 p.m., Feb. 14, Phelps Road, North Pembroke, one vehicle; Driver 1: Joseph A. Dicenso, 49, of Oakfield. No injuries.

11: 32 p.m., Feb. 14, E. Main and Ross streets, City of Batavia, two vehicles; Driver 1: Charles A. Ledger, 21, of Medina; Driver 2: Thomas E. Wolfe, 32, of Batavia. No injuries.

Youth entrepreneur screen printing his mark in Genesee County

By Scott Grefrath

 In times of a tough economy, there is only one way to find a guaranteed job; you have to create it and that’s just what current Genesee Community College student and the college's CEO Club President, 20 year old Tim Walton did.

During the summer of 2007, Tim was going into his senior year at Batavia High School and had a busy schedule ahead since he was the captain of the Batavia Ice Devils varsity hockey team and school mayor. This left a lot of responsibility but not a lot of time to hold a job.

After a childhood where Walton had owned a lemonade stand at age 8, on Meadowbrook Golf Course, managed the ice rink sound booth since age 12, and owned a web based business at age 16, Walton always had the mindset to be his own boss. “I knew that when I got older, I wanted to sell things, own my own business, and be creative with it at the same time”. That was when Walton, who has always been artistic, decided to explore graphic design and jobs that go along with that. “I thought to myself; I like designing things, why not design stuff to put onto shirts and mugs?”  He then contacted a local print company to print clothing and other companies to print the promotional (pens, mugs, etc) wholesalers that would print the products for him, and allow him to resell them to his customer at the retail value. This is when Walton, officially launched his home based, yet professional, TopLine Shirt Company.

While selling products for the wholesalers, Walton, who was self taught in the graphic design field, secured a contract job as the graphic artist for one of the local screen printing shops, which gave him the edge in learning the industry and a steady cash flow. Being dedicated to what he was doing, Walton wanted to expand what he did, and not rely on others to print his orders. After not taking a personal pay check for the months during the start of his business, Walton saved all the money and purchased one of the only digital printers in Western New York, which allows for full color prints on clothing. “Digital printing basically dyes the image into the fabric. It’s especially beneficial for low-minimum orders, lots of colors and photos”. This was a niche that gained Walton a large advantage over the other screen printing and print shops. “It replaced the old method of applying heat sealed photos that eventually just crackle off”, he said. “For me it was something I could be proud of. I made my mark on the local industry and it was showing that I could do whatever I put my mind to”. 

For Walton, this was the niche that he needed. Within six months, Walton had picked up so much business that he was finding he needed to stay up all night at times, printing to fulfill his orders. Six months later, Walton had saved to expand once again and bought his own screen printing equipment. “When I got my screen printing equipment, I finally felt as though I was a complete shop”. Walton’s screen printing equipment allows him to print up to 300 shirts per hour, as well as other materials such as jackets, sweatshirts, bags and much more. “If you come to me to get something printed, I can either print it myself or I have a wholesaler to do it”. This one-stop shop mentally along with Walton’s marketing/business background have allowed him to quickly make an impact on the local market, while securing customers from Pennsylvania and Ohio and as far as Florida, Texas, California and even Canada.

 “I started by selling items other people printed, now I am the one doing the printing for people that want to sell what I do. It’s really exciting to know that all my hard work is finally beginning to payoff."

Walton currently does not have a store front, which has been beneficial, although he states that is currently in the works, and operates out of his house as well as a warehouse shop that his friend’s family allows him to use. “Keeping my fixed costs low allows me to bring high quality products to my customers at a lower price.” To place orders or for more information, you can contact him on his business cell phone at (585) 813-4374, email twalton@mytopline.com or through his website at www.mytopline.com.

Garbage Cans

By Peter O'Brien

At what point is the City of Batavia responsible to replace my garbage can because it was hit by a car again when it was not placed away from the edge of the curb on a windy day?  I leave the house before the trash collector arrive and I return after 4 sometimes after 10 pm on garbage day.  I can't be there to take my can back up.  But you can bet that if I put a bunch of bricks in the bottom so it can't blow away I would get a citation for something. 

Replacing my can every 3 months is getting ridiculous.  Either let us get cans like Suburban Disposal that a heavy enough not to blow away except in the worst storms and get a lift on the trucks, or come up with some other solution before I bill the city.

Kids hit the slopes on sunny day in Centennial Park

By Howard B. Owens

Gigi Dombrowski pushes son Dane, 3, down the snow covered slope of Centennial Park this afternoon. With the sun out and temperatures in the 30s, it was a great day to snowboard in the park.

Below, Devon, 6, and Angelique, 5, who were in the park with their grandfather Wayne Hintz (not pictured), take their own ride.

The future of the shuttered Batavia Elks Lodge undecided

By Howard B. Owens

The future of the Batavia Elks Lodge, #950, hangs in the balance, but could be decided as soon as tomorrow, according to Ruler of the Elks, Timothy Garlock.

"We need to reorganize and shape up," Garlock said. "Some folks will not be in the same positions. We can't do the same things we did prior to closing and that's the bottom line."

As The Batavian first reported Saturday, the local Elks Lodge had its charter revoked for a reported problem with complying with Grand Lodge requirements.

Kenneth Burns, one of the three trustees appointed to oversee the lodge, said he wanted to stress that there is no allegation of misappropriation of funds or anything similar.

"I don't want any rumors started against these guys," Burns said.

He characterized the Grand Lodge revoking the local charters as merely an administrative matter.

Like Garlock, he doesn't know what's ahead for Lodge #950.

"I"m not really in a position to say much," Burns said. "It (the closing) could be temporary. It could be long term. It could never (open again)."

Garlock said the lodge has been operating in sound financial shape, paying all of its bills and it has money in the bank. He said it has 210 members.

"We continue to have an impact on the local community," Garlock said. "Like a lot of volunteer organizations these days, we could stand for a few more bodies, but times are what they are."

Among the Elks' charitable activities is a recently completed free-throw basketball tournament and there are local students currently having essays judged in a national Elks scholarship contest.

Garlock also confirmed that the Elks building at 213 E. Main St. is owned by the Grand Lodge and not the local lodge.

Garlock said he could know Lodge #950's fate as soon as tomorrow.

Police Beat: Man accused of causing disturbance at Batavia Downs

By Howard B. Owens

Charles M. Blatt, III, 47, of 317 E. Main St., upper, Batavia, is charged with harassment 2nd and disorderly conduct. Blatt is accused of becoming disruptive at 9:15 p.m. on Saturday inside Batavia Downs Casino. When he was approached by security personnel, he allegedly attempted to strike a security officer. He also allegedly became verbally abusive. He's also accused of flipping over a security desk. Blatt was jailed on $1,500 bail.

James A. Hancock, 40, of 8289 Lewiston Road, Batavia, is charged with harassment 2nd and criminal contempt 1st. Hancock is accused of going to his ex-girlfriend's house on Elm Street on Feb. 4 and hitting her in the head. In doing so, Hancock allegedly violated an order of protection that prohibited contact with the ex-girlfriend and to engage in no offensive conduct. Hancock was jailed without bail.

Sidney M. Jonathan, 44, of 6988 Meadville Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, improper left turn, failure to yield half the roadway, operating with a cell phone, unregistered motor vehicle, uninspected motor vehicle and aggravated unlicensed operation. Jonathan was reportedly involved in a property damage accident at 12:14 a.m., Saturday, at the intersection of Judge and Poodry roads.

Timothy J. Stephens, 28, of 3 Norris Ave., Batavia, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Stephens was reportedly stopped by Officer Kevin DeFelice at 1:47 a.m., Saturday.

Kernardo R. Fields, 19, of 67 Walden Creek Drive, Batavia, is charged with unlawful possession of marijuana. Fields was cited by Officer Dan Coffey at 2:10 a.m., Saturday.

Sath P. Dhanda, 29, of 5458 Clapsaddle Road, Bethany, is charged with disorderly conduct. At 10:48 p.m., Thursday, Dhanda was reportedly at Larry's Steakhouse, 60 Main St., Batavia, when he allegedly caused a disturbance by shouting obscenities in a public place. He was jailed on $1,000 bail.

Joseph C. Barone, 30, of 317 E. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Barone was reportedly involved in a minor accident at 1:10 a.m., Saturday, on Route 33 in Bergen.

William R. Crosby, Jr., 29, of 2717 Marshall Road, Medina, is charged with unlawful possession of marijuana and inadequate tail lamp. Crosby was stopped by Deputy Chris Parker at 11:14 p.m., Saturday on Route 77 in Alabama. Crosby was allegedly found in possession of a pipe and a grinder and both allegedly had marijuana in them.

Teresa Ka Yan Tam, 26, of 416 Lafayette Ave., Buffalo, is charged with DWI, driving with a BAC of .08 or greater and speeding. Ka Yan Tam was stopped at 1:35 a.m., Saturday, by Deputy James Diehl on Route 5 in Pembroke for allegedly speeding.

Michael W. Smith, 31, of Batavia, is charged with assault 3rd. Smith was arrested by State Police at 11:32 a.m., Saturday, in the Town of Batavia. No further details were released.

Andrew L. Kosiorek, 38, of Batavia, is charged with DWI, unlawful possession of marijuana and aggravated unlicensed operation. Kosiorek was apparently involved in a  traffic accident (no details provided) and was arrested by state police at 12:19 a.m., Sunday.

Matthew C. Cardinale, 30, of 18 Miller St., Seneca Falls, is charged with disorderly conduct. Cardinale allegedly caused a disturbance in the bar of the Holiday Inn at 2:10 a.m., Monday. Cardinale was allegedly swearing in public and refused to listen to hotel staff. After deputies arrived, they told Cardinale to leave the bar and he reportedly would not comply, and continued to swear in public, "causing alarm and annoyance." Cardinale was jailed on $500 bail.

Nocole Kate Hagadorn, 31, of 18 Miller St. Seneca Falls, is charged with disorderly conduct. Hagadorn was arrested at 2:39 a.m., Monday, in the lobby of the Holiday Inn for allegedly causing a disturbance. Hagadorn was jailed on $500 bail.

Anthony Christopher Sistrunk, 19, of 309 E. Glen Ave., Syracuse, is charged with menacing 3rd and harassment 2nd. At 11:52 p.m., Sunday, deputies responded to an alleged physical domestic fight at College Village. Sistrunk was arrested and charged with the listed offenses.

Accidents from the state police blotter:

2:20 p.m., Feb. 13, Bloomingdale Road, Alabama, two vehicles; Driver 1: Jacob J. Everett, 29, of Williamsville; Driver 2: Laura L. Vosburgh, 30, of Lancaster. No injuries reported.

12:58 p.m., Feb. 11, Asbury Road, Town of Le Roy, one vehicle; Driver 1: Jordan D. Boyd, 17, of Le Roy. No injuries reported.

Council's auction vote got the attention of landlords, but not necessarily in a good way

By Howard B. Owens

A number of local landlords are deeply concerned over the Batavia City Council's decision a week ago to deny Michael Pullinzi the chance to buy a piece of property he won at city auction.

The 5-4 vote punctuates a growing frustration with the code-inspection process, which they say puts an unfair burden on the landlords without holding tenants accountable.

Jeremy Yasses (pictured), an Oakfield resident who owns eight properties in the city, as well as several other tenant-occupied buildings outside of Batavia, describes himself as a budding entrepreneur who is trying to build a real estate business.

The 13 citations mentioned by the council against Pullinzi as the reason for denying him the chance to purchase 9 Willow St., is piddling compared to other landlords, according to Yasses. Other landlords, both on and off the record, say much the same thing.

Yasses, for his part, readily admits to getting between 40 and 50 citations a year from city inspectors.

Almost all of them, if not all of them, are for things tenants have done.

And that's the problem, according to Yasses. Tenants are not held accountable, so there's no motivation for them to change. If a tenant puts his garbage out on Wednesday, Yasses gets a notice, so he goes and picks it up on Thursday to correct the violation. Then the same thing happens the next week, and the next.

"Did we get to the root of the problem?" Yasses asks.

"I own the property. I’m held accountable," said Yasses. "I’m not passing the buck, but have the tenant standing right there next to me (in court). That’s how you hold them accountable."

Terry Platt, who operates one of the largest residential rental businesses in the city, said he's no stranger to receiving violation notices for things tenants have done, and he's concerned, also, that the current system isn't really helping to address the problem.

"There's no tenant responsibility," said Platt, who also serves on the city's Neighborhood Improvement Committee (NIC). "We can kick them out, but if they move out, they just move to someplace else in the city and do the same thing over again. How is the city going to clean up the city if there is no tenant accountability?"

(Point of disclosure: Platt is my landlord.)

From the city's perspective, the only option is to hold the landlords accountable. They're the ones who own the property and the only recourse for the city is to cite property owners for any problems outside a house or apartment.

City Council President Marianne Clattenburg said residents want to live in a cleaner city and the citations landlords receive is, at least in part, just the cost of doing business.

"We really don't have a lot of recourse as far as the tenant goes," Clattenburg said. "The only person responsible is the property owner. That's just the way the system is."

Clattenburg is no stranger to getting cited for violations she didn't cause. Two years ago, then-City Inspector Mike Smith wrote her up because her garbage can was next to her house, rather than behind it. The notice came, said Clattenburg, on a day the staff was conducting a citywide sweep on code enforcement. Her trash had been picked up that morning and she was at work, when her father-in-law, who lives next door and has health problems, moved her trash can from the street just to help out.

Still, Clattenburg, a school teacher, thinks landlords need to do a better job of policing the conduct of their tenants, perhaps offering incentives, such as rent breaks, for not getting citations.

"The landlords are in business," Clattenburg said. "If it wasn't a business, if they weren't making money, they wouldn't be doing it. Every business has obstacles and faces difficulties. That's just part of owning your own business. You figure out ways to deal with that."

Yes, it is a business, landlords will tell you, and because it is a business, solutions don't come as easily as city officials seem to think they should.

As we spoke while standing in the front room/kitchen of a house the 33-year-old Yasses is rehabilitating on Thorpe, Yasses said the best he could hope for from that piece of property was $250 per month net profit. That's after mortgage, flood insurance and taxes are paid, and only if the tenant paid the water bill and pays rent on time and there was no maintenance on the 100-year-old building.

“That’s not a lot, especially when you look at the fact that I’ve got four vacancies and I just spent five grand here," Yasses said. "If you take all that into account, that’s two years income all right here in one house.”

Meanwhile, he's grappling with the city over a tenant's car that has no license plate. The tenant, Yasses said, is a essentially a single mom (her husband doesn't work) who works part-time at a fast-food place. She can only use her mobile phone for text messages because all she can afford is a $10-per-month plan. She couldn't afford insurance on her car, so she had to remove the license plates. The city cited Yasses and said it needed to be covered with a tarp.

"So I hounded her, 'put a tarp on it, put a tarp on it' because Ron (Panek, city inspector) hounded me, 'put a tarp on it,'" said Yasses. "She went and bought a blue tarp, covered it. It’s not good enough. You need to have a tarp that’s fitted to the car. I didn’t even know that. So Ron goes, 'we’re going to have to go to court then.' I said, ‘fine. We’ll go to court.’

"Now wait a minute," Yasses added. "We paid a guy to make three visits and make two phone calls, and now we’re going to pay the city attorney to take me to court for a tenant’s car? And we’re hurting for money in the city? Maybe we need to tighten up our belts and our shoelaces a little bit and figure out what’s going on. That’s my point – I think we’re wasting some money and we’re just masking the problem"

Yasses thinks city officials and some NIC members don't have enough experience dealing with low-income people to really understand what many landlords are up against.

Eviction, of course, is an option, but it can also be difficult and expensive, especially if a tenant has been paying his rent on time. It begins with $500 in legal fees and ends with cleaning up the apartment (which can be especially costly if the tenant took vengeance on the evicting landlord) and then searching for a new tenant. The process can take months, especially if a good-paying tenant fights the eviction.

And in the end, a landlord may not even have improved his tenant situation.

"The new tenant is going to be the same pool of tenants," Yasses said. "The next tenant is going to be the same quality – and I don’t mean it that way, because they’re good people, just down on their luck – the next tenant isn’t going to be any better than what I had. We need to train them and teach them and hold them accountable, along with us."

City officials, NIC members and his Fifth Ward Representative Kathy Briggs need to come down on Thorpe and meet some of his tenants and see what he's doing to rehabilitate his buildings, Yasses said. He repeated several times that his tenants are good people just having a hard time, and that he's doing everything possible to improve the quality of his holdings as fast as he can in order to attract, hopefully, better tenants. But it takes time and money, he said.

“I’m doing the best I can," Yasses said. "You can’t get anybody decent to come down on Thorpe Street. When I bought this about four years ago, there was a ton of drug activity right here and right next door, bad, bad, bad. I got fed up, thought I could be the hero and forced these landlords to sell me these houses to get rid of the garbage. I can say right now, I have no drugs down here."

The property Yasses owns on Watson, Thorpe and Maple were probably bad investments, Yasses readily admits. He's losing money on them and gets by only because his investments in other jurisdictions are doing well.

And that's part of the problem -- Yasses said he doesn't have issues with municipal officials in other jurisdictions that he has in Batavia.

“I rehabilitated a four-unit in Middleport and they absolutely love it," Yasses said. "I’m putting my money where people appreciate it. ‘Wow, Jeremy, you put a new roof on, you painted, new windows – this looks great.’”

If he could walk away from his Thorpe area properties and take a $10,000 loss on he each, he said he would, but he doesn't have that kind of money. So he's committed to doing the best he can with them. He has no choice.

“I don’t want this to be a negative thing on the city," Yasses said. "The main problem is, you’ve got to have tenant accountability. I’m not the one putting the trash out. I’m not the one with the vehicles. If you really want to change, that’s what we need to do. Not by fining me. You can fine me. I can go before the next judge next Friday (on the car/tarp case)  – I hope he doesn’t take offense if this gets out there – but he could fine me five grand. He could put me in jail. But at the end of the day, the car still isn’t covered or taken care of because we didn't go to the source."

Masons begin effort to contribute to local charities

By Howard B. Owens

Last week, the Batavia Masons presented Paul and Bridget Ohlson with a $500 check to support their Cara-A-Van Ministries.

"We were proud to be able to make a small contribution to such a worthy cause," said Jim Rosenbeck (handing the check to Paul), Master of Lodge #475 of the Free and Accepted Masons. 

"Our lodge has decided to begin regularly identifying worthy causes within the community to financially support," Rosenbeck added. "With membership in all community service organizations dwindling, we feel that this is one way that we can help make a difference in Batavia."

Young Gal and Care- A-Van Shares the Love of Valentines Day

By Robin Walters

Meet Abigail, a young girl who was found sharing the love of Valentines day with residents of Washington Towers. Her and her grandma Linda were going door to door and sharing Valentines with the residents on this chilly Saturday morning.

Larry Hicks, volunteer of Care-A-Van visits with Margaret

Care-A-Van Ministries stopped by Washington towers to drop off baked goods for the residents  that were donated from a bakery in Alden. Seen here is Paul Ohlson, founder of the ministry helping Ann decide on a treat.

Happy Valentines Day!  May we all have a big heart like Abigal and her Grandma Linda!

 

Batavia Elks told charter revoked for local lodge

By Howard B. Owens

The Batavia Elks Lodge, #950, has been closed by order of the Grand Trustees of the National Order, according to a letter posted on the door.

A sign in a window says "closed until further notice" and carries a date from yesterday.

The lodge is located at 213 E. Main St., Batavia.

The shut-down notice accuses the local Elks of failing to make required reports and failure to comply with the Elks' auditing and accounting manual.

The letter states that the charter for Lodge #950 has been revoked.

Appointed as trustees of the lodge are Patrick Burns, of Ransomeville, John Ziezeiula, of Lockport, and Kenneth Perry, of Niagara Falls.

The notice informs the local Elks that they are to turn over all items used in ceremonies as well as books, papers and emblems to the trustees.

Local members, according to the notice, can apply to have their membership transferred to other lodges.

(Thank you to a reader for the news tip.)

Enthusiasm, optimisim abound for 2010 season at Muckdog's hot stove dinner

By Howard B. Owens

Easily more than 200 people gathered at the Batavia Party House last night for the Batavia Muckdogs Booster Club's annual hot stove dinner and auction. There were plenty of laughs and people expressed a lot of excitement about the coming season, which could be a critical year for drawing enough community support to keep the team in Batavia.

At the podium, Brian Paris honors "The Voice of the Muckdogs," Wayne Fuller, for his many years of service to the team as the public address announcer and official score keeper. Fuller stepped aside from those roles after the 2009 season. But his voice won't be far from a microphone during the upcoming season; he'll serve as color man on WBTA's broadcast of games.

More pictures after the jump:

Todd Jantzi, left, and Patrick Weissand chat during the silent auction.

Brian Paris, left, and Ryan Gugel chat with a fan who drove to the dinner from Greece.

Board member Bill Kauffman gets a gift from the board honoring his service to baseball in Batavia.

Gretel Kauffman is in the foreground. Immediately behind her is local artist John Hodgins, watching the bidding progress for his winter landscape painting. It fetched $255, well above any other auction item.

Auctioneer Todd Jantzi makes a sale.

Daily News photographer Mark Gutman goofs when the camera gets turned on him for a change. Writer Alanna Stage gets a good laugh.

Genesee County youth aim to rake in change for makin' change

By Daniel Crofts

Everybody likes a little friendly competition, right? And if it's for a good cause, all the better!

These guys definitely feel that way:

Half of them are pictured above...

...and here's the other half!

High schoolers from all over Genesee County are getting involved in "Change for Change" (C4C), a fundraising project for United Way of Genesee County. Student government reps from Batavia High School, the NYS State School for the Blind, Oakfield-Alabama High School and Pavillion Central School gathered in the BHS auditorium Yesterday to kick-start the project. 

From Mar. 8-26, the schools will compete to raise as much money as they can and deposit their funds in an account with the Tonawanda Valley Federal Credit Union (set up for United Way, with a sub-account for each school) every Friday.

BHS government members welcomed their fellow students and gave them the lay of the land (contest rules and stakes, etc.) at Thursday's meeting...

...starting with an icebreaker from treasurer Amanda Jones, who asked representatives of each school to come up with and share a few "fun facts" about their school.

Some interesting ones to consider:

1. O-A HS recently organized a lunch boycott

2. Pavilion is one of the few schools in the state with a pillow tournament

3. The Blind School has a heated pool with a moving floor

4. BHS has the best cookies in the state, inarguably, of course

 

Handling introductions was co-mayor C.J. Shultz, who introduced his fellow officers and their faculty advisors/helpers as follows:

"There's [mayor] Matt Hoye, who has nothing better to do than keep his beautiful red hair perfectly groomed.

"And next to him is Sahil Jain, our representative to the board of education -- which basically means he makes sure the students' voices are heard at board
meetings. But then he doesn’t get to vote for anything, so it doesn't really matter.

"Then we have the wonderful Amanda Jones, who is our treasurer. We have to trust her with our money. She ran unopposed, so we really didn't have a choice.

"Erica Bucci is our secretary, who takes great notes...when she's
there.

"In the audience is [BHS special education teacher] Mrs. Gammack, who is a great student advisor. Nobody else really wanted the job, so...

"And finally, there's Mrs. Johnson, who is the best statistics teacher at Batavia High…actually, she's the only statistics teacher at Batavia High."

Shultz and Hoye were the brains behind the whole operation, according to Gammack and the other student officers.

"They came to me with this idea in August," Gammack said. "And I thought it sounded great."

The project was inspired by 98 PXY's Penny Challenge, in which BHS students competed (and won!) two years ago. They raised $8,000 in pennies by doing "some crazy things" [crazy in a good way, of course], says UW Campaign Associate Christine Fix.

"We saw the school come together in a way that surpassed any kind of sporting event, school activity, etc.," Hoye said. "We felt that another fundraiser could produce a similar effect, continuing to blur the lines between grade levels and uniting the school as a single body."

"I remember how close our school became during the Penny Challenge," Jones said, "and I really wanted to start that kind of excitement within our school again, with a new group of kids."

During the Penny Challenge, the students saw how powerful a tool competition can be when raising money. This time, they decided to expand the range to include their peers throughout the county.

"I think this is a great way to encourage healthy competition and interaction between our schools," Jones said, "especially since Batavia doesn't participate with the smaller schools in sports very much, since we're in the Monroe County League."

There is another major difference from the 98 PXY fundraiser: this time, they are keeping it local.

"Even though we raised a lot of money [for the Penny Challenge], the proceeds went mostly to agencies in Rochester," Hoye said. "Although we are very proud of our efforts and the money we raised, we would like to see our money used within our own communities in Genesee County."

Representatives from area organizations that will benefit from this fundraiser came to the meeting to express their gratitude and to show the kids how much of a difference they will be making.

UW Regional Manager Lori Stupp pointed out that UW will "fall short of [its] goal this year" in terms of fundraising.

"What you guys are doing is going to help us recuperate some of that loss," she added.

Patricia Kurtz of the Salvation Army -- which receives $57,000 a year from UW -- took a moment to thank the high schoolers for "stepping up to represent [their] schools and to raise money for our community."

"Know how important what you're doing is to us," she added. "I hope this goes to show that when we are united, we are strong, and we can change the world together."

YMCA Regional Director Erik Fix called the C4C fundraising project "a phenomenal thing that speaks volumes about the students in our communities."

"It feels like we're a part of history at BHS," education board rep Jain said. "I feel like the fundraiser will only get bigger and better in the years to come, and to be among the people who started it is an incredible thing."

Students of each school were encouraged to be creative with their fundraisers, which could be anything ranging from competitions between the grades to placing cans at community businesses.

Shultz concluded the meeting on a mobilizing note. First, he quoted Gandhi's famous statement: "You must be the change you wish to see in the world." Second, he said: "Now get out there and raise as much money as you can. Booyah!"

Stay tuned to The Batavian for updates on C4C's progress, which will be submitted on a weekly basis once the project officially gets started.

 

Additional Note:

Assemblyman Steve Hawley (pictured) and Legislator Jay Grasso came to talk to the students about the importance of civic responsibility and why Genesee County is a great place to live in, thereby encouraging them in their efforts.

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