batavia

A proposal to consolidate Batavia's city and town governments is moving forward again.

It appeared that the consolidation effort stalled in August when, on a motion by Councilman Sam Barone, the city council voted 5-4 to table a resolution calling for a public hearing on the process.

Last night, again on a 5-4 vote, the council passed a resolution to apply for a grant to fund creation of a new city charter for a consolidated government and to sign an agreement with the town to appoint a consolidation task force.

The council members who opposed moving forward with the task force and charter process -- Bill Cox, Sam Barone, Rose Mary Christian and Bob Bialkowski -- said they didn't want to see any further effort wasted on talk of consolidation without a clear understanding that people in both jurisdictions wanted bring the city and town together.

Bialkowski asked if a referendum could be held, but City Manager Jason Molino said there were no provisions in state law to allow for a referendum vote without first writing a charter, so Cox asked if maybe the three local media outlets could conduct a survey.

Speaking in favor of moving forward, Councilwoman Kathy Briggs said, "We’ve got to have the facts. We’ve got to have the pros and cons. There are a lot of people who are undecided because they don’t have the facts.”

Councilman Frank Ferrando said he didn't think the public had enough information to make an informed decision just yet about consolidation. He said he didn't have enough information to make up his own mind. He isn't sure it really will save money, but if there is a chance it will, it needs to be studied further, he said.

"We’ve got to start looking into ways to save the taxpayer money," Ferrando said. "We’re not going to do it staying the way we are. We’re just going to keep spinning wheels and we’re going to be breaking people. We’re going to be taking them down further and further and further. I think this deserves study, clear understanding, before we put it to our citizenry to a vote."

Barone disagreed, saying, "I think the information (in previous public meetings) was very well presented."

Cox and Bialkowski said they had doubts about whether consolidation would really lead to much cost savings, noting the previous 12-month study found only $78,000 in potential cost savings.

After the meeting, Molino told reporters that, actually, the study found a potential of $245,000 in savings. Plus, an extra $820,000 in state aid would be available to a consolidated municipality.

The available state grants would provide the task force/charter review committee with $49,500, most of which would cover legal fees associated with writing a new charter. The city and town would each need to contribute $2,500 to the process.

Bialkowski said he was concerned that pursuing consolidation further would be like pouring more taxpayer money down the same hole and at the end of two years, nothing would be accomplished.

The proposed commission would be comprised of four city residents and four town residents, who could not be elected officials, government officials nor their spouses. The appointees would be selected by a joint city-town committee consisting of the council president, the town supervisor and two council members from each body.

Council President Marianne Clattenburg spoke in favor of consolidation saying that it's an obvious waste of resources to have two government bodies providing identical services.

“You talk about shared services, but what’s the ultimate shared service but consolidation, so you don’t have one government entity over here and then five miles away they have a whole other government," Clattenburg said. "The idea is to put them together to save money. It’s not talking about what’s the state going to give us next year.

"It’s about what’s going to happen five, 10, 20 years from now. As the town grows, their administrative costs are going to go up. If they expand, and we hope they do, because it’s good for everybody, then those costs are going to start to get to be as big as ours."

BATAVIA, NY --- A fourth person has been arrested in connection with a residential burglary on State Street that occurred Sept. 1 in which household items and a car were reportedly stolen.

Taken into custody by Batavia Police detectives yesterday morning was Quentin L. Gibson, 25, of 27 Richmond Ave. He was charged with burglary 2nd.

Previously arrested in connection with the alleged burglary were Reginald M. Wilson, 37, Dillon M. Brito, 19, and Joseph D. Dash, 24.

The City of Batavia will not immediately replace Youth Bureau Director Patricia Dieck, who retires resigned effective March 3, after 25 years of service.

Last night, City Manager Jason Molino asked the city council to allow eight months to study Youth Bureau operations and come up with a plan to reorganize it. The council concurred.

Over the past year, state aid to the program has decreased 30 percent.

"Also, there have been several attempts to shift all local aid from municipalities to counties in supporting more mandated programs," Molino wrote in a memo to council. "These efforts have not been pursued in the current Executive Budget issued by the Governor, however, future cuts in aid have been proposed."

State aid makes up 13 percent of the Youth Bureau budget and Molino said the city should understand these programs better before deciding on their future.

Last week, Dieck told The Batavian news partner WBTA that the idea of consolidating the city's program with the county's has come up at least three times in the past, but city residents have demonstrated that they want the city to have its own program.

"The agency has been here 50 years," Dieck said. "I believe it's the only free program for our young people in the city. We've considered charging small fees, but we don't want to deny young people any services or activities."

The Youth Bureau has four employees, two full-time and two part-time. During the next eight months, the current youth coordinator will act as director and one part-time staff member will be given a temporary full-time position to help ensure the bureau completes its scheduled programs, especially through its heavy summer schedule.

Molino said the City's Youth Board will be consulted throughout the study process.

UPDATE 10:24 p.m., Tuesday: Patricia Dieck wrote this evening to ask for two corrections on this post. First, she resigned. It's not a retirement. Second, she served the city for 25 years (not 23 as we originally reported).  I asked her why she resigned, and here is her response:

I do wish I could have retired with the city, but it didn't seem to be in the cards for me.   I am resigning because I need a job where I can feel like I can make a difference.  I don't see an end in sight for the budget issues on state and city level which is having an unfortunate impact on youth programs.  I've been thru the Youth Bureau study at least 4 times over my career.  I really don't want to waste any more of my time or city time on this issue nor do I need the stress that is associated with it.  I took my job seriously and loved what I did, but when it gets to the point that you are not enjoying it or not feeling appreciated, it's time to get out.    For the most part, I have thoroughly enjoyed my job and know I have made a difference in the lives of young people in our community. 

In her initial e-mail to us, she said:

And the Youth Bureau budget has taken almost 30% cut in state funding between 2008 and 2009. There is no proposed cut in state funds for 2010.

As for the article about the City Budget, Councilperson Christian says she refers to "the high cost of youth services".  not sure that I would say the less than 1% of total city budget allocated for young people can be considered "high".

The much-disputed sale of a tax-foreclosed property at 9 Willow St., Batavia, reached a resolution tonight as the city council approved the sale of the house to Stafford resident Tom Englerth.

He was the second-highest bidder for the property -- contrary to a previously published report by the Batavia Daily News that Habitat for Humanity placed the second-highest bid -- with a bid of $20,500, which was $500 less than the highest bid by Michael Pullinzi.

Pullinzi's bid was rejected by the council two weeks ago for apparently having been cited too many times for code violations. (Pullinzi has noted that his violations are not nearly as numerous as some local landlords and that some of the alleged violations were actually on neighboring properties.)

The contentious decision carried over to tonight's meeting as Councilman Bob Bialkowski asked the council not sell the property to Englerth, but instead re-auction the property at an upcoming county auction.

Bialkowski's motion failed 2-7 with only Councilman Sam Barone backing the motion.

“It’s unfortunate that nobody asked the high bidder what his intention for the home was," Bialkowski said, noting that Pullinzi has previously gutted and remodeled homes on North Lyon and in Le Roy and is current converting a two-family apartment building into a single-family residence on Fisher Park.

Council President Marianne Clattenburg expressed concern that since Englerth had probably been notified of the council's pending vote, to switch directions at the last minute might expose taxpayers to a costly lawsuit.

Councilwoman Kathy Briggs also showed some exasperation with Bialkowski's motion.

"We didn’t accept the first one, now the proper procedure is, we go to the next bidder," Briggs said. "End of discussion."

Councilman Frank Ferrando spoke at length for the council to come up with a better policy for dealing with the sale of tax-deliquent properties.

“I don’t know what alternatives we have, but there have to be better alternatives relative to the vision we have to make our neighborhoods better," Ferrando said.

Ferrando didn't expect an answer tonight from City Manager Jason Molino, but he asked him what the city was doing to hold tenants more accountable, echoing a theme of a recent story on The Batavian.

After Bialkowski's motion failed, the council voted unanimously to sell the property to Englerth.

Pictured, Bialkowski, top, and Briggs.

Who knew that walking around in circles could actually be a good use of time?

Since Wednesday, Batavia's First Presbyterian Church has had a labyrinth -- a pattern consisting of multiple paths leading to a center -- for people to walk as an exercise in prayer and meditation. The following video includes interviews with pastor Roula Alkhouri and two of the brave souls who chose to give the labyrinth a try.

The remaining dates and times available for walking the labyrinth are as follows:

9:30 to 11:30 a.m., 1 to 3 p.m. Tuesday, Feb. 23
9:30 to 11:30 a.m., 1 to 3 p.m. Wednesday, Feb. 24

Anyone interested should contact First Presbyterian by phone (585) 343-0505 or e-mail the pastor at roula@rochester.com.

A Batavia man admitted in Genesee County Court this morning that on Aug. 31, he got drunk, got mad and wound up hurting his own 4-year-old son after he threw a chair at another person, striking his son instead.

James S. Nottingham Sr., pled guilty to attempted assault 3rd, DWI and aggravated unlicensed operation.

The attempted assault charge requires the prosecution to prove that Nottingham intended to hurt another person. Judge Robert Noonan made sure that Nottingham understood his right at trial to use his intoxication as possible proof that he wasn't aware that his actions might cause serious injury.

The charge is a felony and serves as his second felony for purposes of sentencing.

Nottingham, 30, who finished ninth-grade, admitted to a felony count of criminal mischief in 2005. He also had a DWI conviction in Batavia City Court last year.

Attorney Gary Horton asked to have Nottingham released under supervision, but Noonan denied his request and continued his bail.

In the Aug. 31 incident, Nottingham said he threw the chair at Warren Cotton.

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.

A two-car accident with injuries has been reported in the area of 72 River St., City of Batavia.

City Fire and Mercy EMS are responding. City Police, on scene.

UPDATE 7:10 p.m.: Mercy EMS reports, one patient.

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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.

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.

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.

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.

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.

 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.

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.

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 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.

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.