batavia

Covered by a giant tarp because business signs cannot appear on the outside of buildings that are for sale, according to city code, the neon-lit Pontillo's Pizzeria sign once again hangs proudly from the building at 500 E. Main St., Batavia.

Could it be a sign that Sam Pontillo is getting close to reopening the legendary restaurant? We still haven't heard from Sam or building owner Thomas Masachi about what's going on there, but crews continue to work inside the building.

The publication of a security camera photo on The Batavian led to a Batavia man admitting to petit larceny during his arraignment today in City Court.

Robert Douglas, 29, of 48 Buell St., was arrested today by Det. Kevin Czora, after several readers of The Batavian reportedly called police to identify Douglas.

Czora e-mailed us this message:

I arrested Robert Douglas, age 29, from Batavia, today for the theft at Alberty’s. In a bit of a surprise, Douglas pled guilty to the charge of petit larceny at arraignment. Douglas had cooperated once confronted with the fact that he was identified by numerous people after the photos were published. Please thank your viewers for their assistance.

Reginald Wilson may have a long criminal history, he may even have been caught driving an allegedly stolen vehicle, but that doesn't mean he did the crime this time.

Two of the other men who are accused of breaking into a State Street home in Batavia in early September have made sworn statements, according to Judge Robert Noonan, admitting to their participation in the burglary, but they say Wilson wasn't part of the crew.

One other suspect in the burglary has said the 37-year-old Wilson helped in the break-in.

Today, Wilson, who faces a possible life sentence because of multiple prior felony convictions, had to answer to a deadline on whether he would accept a plea offer or take his case to trial.

The offer: A felony count of possession of stolen property with no sentencing agreement.

Wilson turned down the offer.

His attorney, Public Defender Gary Horton, countered with a misdemeanor charge of possession, but that proposal, like District Attorney Lawrence Friedman's offer, faces a legal technicality. Because Wilson is charged with a Class C felony, he can't be offered a plea on a greatly reduced charge unless Friedman asks to have the original count dismissed. Friedman hasn't done that yet.

"I’m not interested in entertaining an illegal plea from either one of you, so thanks for turning it down, Mr. Wilson," Noonan said.

The two attorneys and Noonan agreed to extend the deadline for Wilson to accept a plea to 9 a.m., Monday.

Wilson, who was shackled and dressed in Genesee County Jail orange, was fairly animated during the proceeding, especially when conferring with his attorney. While Friedman and Horton were talking privately with Noonan, Wilson leaned over and tried to get First Asst. D.A. David Gann's attention to say, "hello, Mr. Gann."

After Noonan granted an extension on the plea deadline, Wilson said emphatically, "Thank you, Your Honor," before leaving the courtroom.

Prior to Wilson's hearing, Joseph D. Dash, 24, who was also arrested in connection with the State Street burglary, admitted to a prior attempted burglary in exchange for a dismissal of charges in the State Street crime as well as another burglary, which Dash hadn't been charged with yet, on Pringle Avenue.

Dash has a prior felony conviction -- attempted robbery, 2nd -- from March 2003. With that prior felony, Dash faces a 5- to 7-year sentence on the attempted burglary conviction.

The other two suspects in the State Street burglary are Quentin L. Gibson, 25, and Dillon M. Brito, 19. We don't have any information at this time on the status of their cases.

Photos: Top, Wilson; bottom, Dash.

Above, Bryce Hobson shovels snow off his family's home front sidewalk. This morning, a lot of Batavians were digging out from the overnight snowfall.

The winter storm warning that had been in effect until 1 p.m. was cancelled this morning. The forecast still includes snow for the rest of the day, but only a little accumulation.

Camdon King, 5, is building a snow fort in front of his grandfather's house.

Chance King, 2, plays in the snow in front of his grandfather's house.

Grandfather Larry Hale shovels his driveway.

This young man Jesse Schrider, found a way to stay warm on this Winter storm warning here in Batavia. He came out and volunteered with Care-A-Van Ministries . Part of the team was out tonight helping a widow bring wood into her home and was kept busy stacking the pile outside.  The other part of team , PJ and Bridget headed over to Columbia Avenue wtih Cooperative Extension on board of the bus with hot soup for all

You could even find local Detective Rich Schauff out volunteering on this project.

The finished project!  A special thanks to Rich, Dave, Clint and Jesse for coming out  tonight to help! See you all at the Home Show this week-end!

O'Lacy's Irish Pub on School Street in Batavia celebrated its "Perfect Pour" award from Guinness this evening. Guinness representatives were on hand to add to the merriment, which include a free draught for Guinness fans as well as door prizes. The place was packed, even with the slightly bad weather.

More pictures after the jump:

Even though the property has been listed for sale, ownership of the Batavia Elks Lodge building is apparently in dispute.

The Benevolent and Protective Order of Elks listed the property at 213 E. Main St., Batavia, with Charles Mancuso and Son, according to agent Mike Sisson.

The deed, however, lists "Batavia Lodge #950, Benevolent and Protective Order of Elks of Batavia" as the owner. It is dated Nov. 16, 1918, according to County Clerk Don Read. The property was conveyed by Louis and Sarah Waird to the local Elks for $6,000.

Former Lodge #950 Exalted Ruler Paul Weiss left a comment on The Batavian disputing the Grand Lodge's claim to ownership.

"The Elks Lodge building is not owned by the Grand Lodge. It is owned by a local Batavia Elks corporation," Weiss wrote.

Lodge Exalted Ruler Timothy Garlock agreed that the ownership is in dispute, but he's still hoping the disagreement that led to the Grand Lodge revoking the local charter on Feb. 12 can be resolved.

The charter was apparently pulled purely for administrative reasons.

"If the Grand Lodge wants to pull our charter and make us go away, that's their call," Garlock said. "If they want to give us another crack at the bat, well, we've got some members working on that."

Kenneth Perry, one of the trustees appointed by the Grand Lodge, and who has previously commented on this matter, could not be reached.

UPDATE: News of an other New York lodge being closed, this time in Norwich.

According to an executive order issued by the Benevolent and Protective Order of the Elks Grand Lodge, Elk’s Lodge #1222 has failed to make reports required by the laws of the order, and has not complied with the auditing and accounting manual.

Sound familiar.  And there's this:

Officers and members of the Norwich lodge, however, strongly disagree with the decision, and have called upon the higher courts of the order for an opportunity to refute the executive ruling.

“This has been a problem for nearly a decade,” said local Exalted Ruler Jeff Cola. “We’re now in the process of appealing the Grand Lodge’s decision, and we believe it was based on past issues.”

Jeffery M.  Rider, 31, of 8130 Route 5, Le Roy, is charged with resisting arrest. At 10:50 p.m., Tuesday, Deputy Bradley D. Mazur reportedly tried to execute an arrest warrant for Rider for alleged violation of probation. At the time of the attempted arrest, Rider allegedly resisted arrest. Rider was jailed on $1,000 bail.

Robert L. Vanburen, 48, of 370 W. Main St., lower, Batavia, is charged with throwing an injurious substance on the highway (littering), DWI and aggravated DWI with a BAC of .08 or greater. Vanburen was stopped by Officer Dan Coffey at 11:53 p.m., Wednesday, on West Main Street.

Robert F. Williams, 49, of 114 State St., Apt. #3, Batavia, is charged with harassment, 2nd. Williams is accused of grabbing a woman and throwing her. She was not injured.

A 17-year-old from Bergen is charged with criminal contempt. The youth is accused of shoving another person. There was an order of protection barring such conduct.

Kimmie A. Welsh, 43, of Corfu, is charged with DWI and operating a motor vehicle while impaired by drugs. Welsh was stopped by State Police at 9:40 a.m., Tuesday, at the intersection of Route 33 and Route 77 in the Village of Corfu. No further details available.

Clarence L. Blackmon, 39, of Oakfield, is charged with grand larceny, 3rd. Blackmon was arrested by State Police at noon, Tuesday. He is accused of stealing an item valued at less than $3,000. No further details are available.

Tanya L .Thyret, 31, of Rochester, is charged with DWI, driving with a BAC of .08 or greater and an equipment violation. Thyret was stopped by State Police at 8:45 p.m., Tuesday, on Culver Road, Town of Bativia. No further details are available.

Accidents from the state police blotter:

4:59 p.m., Feb. 22, Thruway, Mile Marker 399 west, Pembroke, two vehicles; Driver 1: William Burton Lewis, 22, of East Amherst; Driver 2: Leonard E. Neal, 58, of Gravehurst, Ontario, Canada. One injury reported. No further details available.

Two Batavia men were arrested last night after the Local Drug Enforcement Task Force executed a search warrant at 13 Ross Street, lower, looking for a suspected meth lab.

What officers reportedly found was a dismantled lab and some quantity of methamphetamine in various stages of production.

The two suspects in the case were apparently not at the residence at the time of the raid and were located elsewhere in the county.

Taken into custody were Warren T. Cotton, 33, and Eric D. Johnston, 31.

Cotton is charged with criminal possession of a controlled substance. Johnston is charged with unlawful possession of marijuana.

Cotton was arrested following a traffic stop at Walkers Corners Road in Byron. Johnston was located on Evans Street.

While Johnston was released on an appearance ticket, Cotton was jailed without bail.

The investigation is ongoing.

Assisting in the case were Wyoming County Drug Task Force, the Genesee County District Attorney's Office, the Office of Emergency Management and Mercy EMS.

Photos: Warren T. Cotton, upper right; Eric Johnston, lower left.

Witnesses reported seeing several law enforcement units, SWAT, a Hazmat unit and the County Command Post vehicle either heading to or on Ross Street next to the Richmond Memorial Library tonight.

Batavia Police referred questions to Sgt. Steve Mullen of the Local Drug Enforcement Task Force.

Another county official said he wasn't at liberty to discuss the activity and referred questions to either the Police or Sheriff's Office.

Sgt. Mullen responded to an e-mail with, "more to follow."

The activity occurred roughly between 7 and 7:30 p.m. By the time we arrived on Ross Street at 7:40 p.m., all law enforcement and emergency personnel had cleared the scene.

What's up with Pontillo's? I get asked that question nearly every day. We've all seen the work crews there.

What a couple other people have seen is Sam Pontillo at the 500 E. Main St., Batavia, location.

Over the past two weeks I've called Sam Pontillo several times. I've left a few messages. I have not heard back from him.

I've also called the property owner, Thomas Masaschi, and left messages. No return call.

Admittedly, third hand, I've heard that another restaurant owner tried to buy the old Pontillo's sign and was told it wasn't for sale -- that there were plans for it.

So at this point, we only have rumors and speculation, but for all the people who keep asking me what's going on, that's the only answer I can give at this point.

For Sale: Older building with plenty of space, grand old wooden bar, working dumbwaiters, hardwood floors and plenty of local history. It once housed one of Batavia's great civic clubs.

The Batavia Elks Lodge building, at 213 E. Main St., home until recently of Lodge #950, is for sale, listed at $249,900.

The property is assessed for $179,000.

The reason its for sale? It's still unclear.

As The Batavian first reported Feb. 13, the Grand Lodge revoked the local charter for apparently administrative reasons. Lodge leader Timothy Garlock was hopeful the charter could be re-established, but the building being up for sale may not be a hopeful sign.

Neither Garlock nor the trustee we previously spoke with, Kenneth Perry, could be reached for comment this evening.

An Elk in the San Francisco area who has been following an increasing number of Elks Lodge closings on his blog said the posted sale doesn't necessarily mean the end of the local lodge.

However, if the sale is made, the proceeds will be placed in a sort of internal escrow account by the New York State leadership and held for 10 years, giving the local lodge a chance to reconstitute itself. If the money isn't returned to the local lodge after 10 years, it is either donated to a charity or used to start a new lodge elsewhere in the state.

The Grand Lodge doesn't appear to benefit financially from shutting down lodges, which it seems to have done frequently of late, according to Bob Merjano. He's a past president of Lodge #3 (the third lodge started in the nation, in San Francisco, 135 years ago).

Some lodges close for financial reasons, Merjano said, but "some of them are being forced to close even though they seem sound financially, like yours."

The frustrating thing Merjano said, is that the Grand Lodge never comments on closings. They never point out that there are still more than one million Elks and the organization still does a lot of good work for veterans and children.

As for Lodge #3, Merjano said his lodge is doing especially well.  They've been fortunate, he said, to recruit a lot of new, younger members.

A 28-year-old Batavia man, who admitted to selling drugs last fall, is going to prison.

Timothy Lee, who also goes by the name “Cricket,” was sentenced in Genesee County Court this afternoon to four-and-a-half years behind bars.

Lee had pled guilty to selling crack cocaine to a member of the Genesee County Local Drug Task Force.

Judge Robert Noonan told Lee this afternoon he was an “opportunist” and only very belatedly did he show an inclination to enter treatment.

“You don’t need treatment,” the Judge told Lee, “you need jail time, and that’s what you are going to get."

Lee’s fiancé, who is four-months pregnant, wept in court as the sentence was pronounced.

(Story by Dan Fischer, of The Batavian's news partner, WBTA.)

Batavia Police have issued wanted notices for two men sought for unrelated crimes.

Jeremiah Williams, 18, is a Level 3 sex offender who has allegedly failed to comply with his restrictions. There is an active felony arrest warrant for Williams. His last known address was 9 Raymond Ave. in Batavia. He is also known to frequent the Albion area. Williams is described as 5'10" and 135 lbs. with brown hair and brown eyes.

Dajuandrick Gardner, 33, is an alleged parole violator. His last known address is 6863 Byron Holley Road, Byron. Gardner is 5'10" and 210 lbs. with brown hair and brown eyes. He wears glasses. Gardner is also known as "Juan" and "Omega."

Anyone with information is asked to call 345-6370.

Assemblyman Steve Hawley (R,I,C—Batavia) released the following Tuesday in response to the 2010-11 New York Executive Budget:

According to the Executive Budget, there would be reductions in the operation budget of the Office of Parks, Recreation and Historical Preservation (OPRHP), resulting in the closure of 57 State Parks and Historic Sites throughout the state, including the Oak Orchard State Marine Park.

"The planned closing of the Oak Orchard State Marine Park, and other state parks, as part of the state’s budget reduction proposal is the wrong approach and just another one of Albany’s budgetary gimmicks,” Hawley said. “Once again Albany is forcing Upstate residents to make unfair sacrifices because the special interests in New York City won't give up their demands.

"At a ratio of 33 to 1, these closures will overwhelmingly damage Upstate communities that depend on their state parks not only for local recreation and ‘staycations,’ but for support of their local economies through job creation and tourism. Additionally, many parks charge admission and parking fees, which with longer hours and a longer season could help cover their operating costs.

"Closing parks and restricting operating hours is unwise at a time when the slow recovery from the recession and higher gas prices will lead many families to spend their vacation dollars in local state parks and historic sites,” Hawley continued.

"Despite the announced closures, the State Assembly and Senate can allocate an additional $5 million from the Environmental Protection Fund (through a 21-Day Amendment to the executive budget) to help pay for operational costs at selected parks throughout the state. However, to date the Orchard State Marine Park is not listed among the selected parks that would be eligible for the funds.

“If the state is serious about closing the impending budget deficits then real budget cuts should be made, not cuts to our parks and historic sites. Earlier this month, I joined many of my colleagues, from both sides of the aisle, in sending a letter in opposition to these closures to Speaker Silver. It is my hope that the legislature will find a bipartisan solution that properly allocates the $5 million from the Environmental Protection Fund in a way that prevents any state park closures this year,” Hawley concluded.

A local man admitted in court yesterday to attempted burglary, 3rd, in connection with a break-in at a home at 15 Fairway Drive, Batavia, on Oct. 22.

Chad M. Johnston, 23, told Judge Robert Noonan that he did knowingly enter the residence without permission of the owner and attempt to steal items from the house.

Johnston was in the process of stealing more than $1,000 in household items, including appliances, from the residence, according to Asst. District Attorney Will Zickl, at the time of his arrest.

With a prior felony conviction, Johnston, under terms of a plea agreement, will be sentenced to one-and-a-half to three years in prison.

UPDATE: The Sheriff's Office has provided a little more information on this arrest.

Johnston was charged Oct. 23 with burglary 2nd and criminal possession of stolen property. He entered the residence at 15 Fairway Drive in the Town of Batavia and stole a Maytag washer and dryer, a Whirpool refrigerator and Cub Cadet lawn mower. Upon his arrest, he was found in possession of the stolen property along with a small safe containing paperwork from the residence. All of the items were recovered.

There was also an outstanding parole warrant for Johnston at the time of his arrest.

Barbara E. Ferrando, 38, of 53 W. Main St., Apt. 101, Corfu, is charged with harassment, 2nd. Ferrando is accused getting into a dispute with a store clerk. During the alleged confrontation, she allegedly reached behind the counter and struck the clerk with a plastic coffee mug, causing minor injuries.

Jessica J. Moscicki, 19, of 19 Briarwood Terrace, Batavia, is charged with aggravated unlicensed operation, 3rd and criminal impersonation, 2nd.  Moscicki was charged after allegedly giving a false name to Officer Ed Mileham during a traffic stop in the Tops Market parking lot at 2:30 p.m., yesterday. After further investigation, her identity was discovered and it was revealed she had a suspended license.

Brian L. Smith, 48, of 4128 Colonial Blvd., Batavia, is charged with criminal contempt, 2nd. Smith is accused of violating a court order by sending computer messages to a woman in Florida. Smith was allegedly barred from any contact with the woman. The messages were reportedly sent on Feb. 16. He was arrested yesterday around noon.

Mark Paul George, Sr., 51, of 3281 Broadway Road, Alexander, is charged with harassment, 2nd. George allegedly got into a dispute with a woman in Darien over some property. When the other person attempted to contact the police, George allegedly struck her hand, knocking her mobile phone away. There were no injuries reported.

Harry J. Reed, 28, of Rochester, was charged by State Police with DWI. Reed was stopped at 42 Green Knolls Road, Stafford, at 8:42 a.m., Monday. No further information is available.

Accidents from the State Police blotter:

3:38 p.m., Feb. 22, Barrville Road, Elba, two vehicles; Driver 1: Mary R. Prior, 67, of Batavia; Driver 2: Kim C. Clark, 59, of Attica. No injuries reported.

10:18 p.m., Feb. 22, Lewiston Road, Alabama, one vehicle; Driver 1: Brandy L. Golding, 35, of Akron. No injuries reported.

5:40 a.m., Feb. 23, Attica Road, Darien, one vehicle; Driver 1: David M. Roberts, 39, of Attica. No injuries reported.

4:37 p.m., Feb. 22, Mile Marker 397.4, Thruway, Pembroke, one vehicle; Driver 1: Michael H. Moran, 20, of Batavia. No injuries reported.

4:44 p.m., Feb. 22, Mile Marker 403, Thruway, Pembroke, one vehicle; Driver 1: Allessandra R. Falcao, 27, of Kearny, NJ.

12:03 a.m., Feb. 23, Mile Marker 394.7, Thruway, Batavia, one vehicle: Driver 1: Michael R. Eaton, 34, of Rush. No injuries reported.

A 23-year-old former Batavia resident who snatched a wallet from a fast-food patron last fall pled guilty this afternoon to attempted robbery in the third degree.

Misty Guadagno -- who used to live on State Street, but now resides at 1713 Lake Road, Apt. 2, in Hamlin -- admitted to Judge Robert Noonan in Genesee County Court that she forcibly stole a wallet from a Batavia woman on Nov. 13.

The victim was waiting at the counter to place an order at Wendy's when Guadagno pushed against her, took her wallet and ran out, heading toward Genesee Country Mall. A man who'd been eating lunch in the parking lot saw the commotion and chased her down. The citizen, along with two others, kept custody of the thief until police arrived.

The wallet and its contents were retrieved, except for the money, which seemed to have just dispappeared.

Guadagno appeared in court by herself, wearing tight, faded jeans and a tight, light gray hoodie. Her straight blond hair was pulled back in a ponytail. As always, the judge asked the defendant what was the last year of school completed. She told him she graduated high school with a diploma and has completed one and a half years of community college.

When questioned about the crime, Gaudagno told Noonan that she "took several pills that day" and she was "coming off a lot of drugs."

"The whole day was actually a blur," she said.

At this point, Noonan enlightened her about the ramifications of this contention. He said this was an intentional crime and that if it went to a jury, the People would have to prove, not just the theft, but the intention to commit the crime.

But if she were to maintain that being under the influence of drugs impacted her thought process, and the jury thereby found her unable to show intent, the case could be dismissed. So in pleading guilty, she gives up the drugs-made-me-do-it defense and the possibility of dismissal.

District Attorney Lawrence Friedman said the paperwork from the arresting officer states the defendant explained her actions in detail and when asked if she was on drugs, she said, no, she didn't have the money (to buy them).

A recess was declared so counsel Melissa Cianfrini, who is temporarily handling the case for Public Defender Gary Horton, could explain the legal points. They left the courtroom for three minutes and returned. While waiting for the judge to return, Guadagno sat with Cianfrini. They chatted, the defendant re-wrapped her ponytail, appeared at ease, animated and giggling at times.

After Noonan returned, he accepted her plea, wherein she waived indictment by a Grand Jury and said she was guilty of attempted robbery in the third degree, a Class E felony.

She faces up to six months in jail, five years probation, a $5,000 fine, a mandatory $350 surcharge, $50 DNA data base fee, restitution and a 10-percent penalty fee is she fails to pay the unspecified restitution on time. A one-year order of protection was issued for her to stay far and away from the victim in the case.

Her next court appearance is called a pre-sentence investigation, set for 9:15 a.m. on June 17.

She was free to leave until then, despite Friedman's concern about her ability to appear again as promised, based on her actions Monday.

It seems that her case was originally set for 11 a.m. and she didn't show, but called to say she had car trouble and would be there later, at 4:30. The prosecution submitted a petition for a bench warrant, but since the judge wasn't going to be available that late in the afternoon, he rescheduled the case for 2:30 today.

"It was the worst possible time for her to have car trouble," Cianfrini told Noonan.

Previously: Suspected purse snatcher nabbed in Batavia

It's now official -- city property owners can expect a 1.5-percent rate increase in property taxes.

On a 7-2 vote last night, the Batavia City Council approved the 2010/11 budget, which comes in at $21.7 million in expenditures.

The no votes came from Councilman Sam Barone and Councilwoman Rose Mary Christian.

"If this budget passes, the only thing we will be doing is squeezing and choking off the middle class," Christian said.

Christian's areas of concern, she said during the meeting, were legal fees, community celebrations, a drop in sales tax last month, the high cost of youth services and she called $527,000 for parks "outrageous." She also objected to the transfer of water funds to the general fund and said the contingency fund is much too low, especially since it's likely that police officers will win an arbitration case granting them retroactive pay raises.

Christian also complained that constituents in the Sixth Ward have reported high reassessments, from $7,000 to $11,000 more, for their homes.

"This is really going to hurt these people," Christian said.

During the public comments section of the meeting, before the budget vote, city resident Daniel Del Plato spoke vehemently against the proposed budget, saying city taxpayers couldn't handle any further tax increases.

"You're trying to get blood from stones," Del Plato said.

She also objected to a pay raise for non-union employees, which did pass in a separate motion on a 5-4 vote. Voting no were Christian, Barone and council members Bill Cox and Bob Bialkowski.

The council also approved plans to raise water rates and seek bonds to fund the start of a five-year or longer process of water infrastructure upgrades. Barone voted no on both resolutions.