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RV rollover on eastbound Thruway

By Billie Owens

An RV rollover accident is reported in the eastbound lanes of the Thruway at mile marker 392.5. Unknown injuries. Town of Batavia Fire Department and Mercy EMS are responding.

UPDATE 155 p.m.: Mercy Flight is on ground standby.

UPDATE 1:57 p.m.: There are six five patients and another Mercy unit is called to respond in high emergency mode. Mercy Flight is cancelled. A propane tank has been pulled off the camper by a bystander as a safety precaution. The accident site is on the shoulder of the roadway. Traffic police are requested.

UPDATE 2:03 p.m.: A third Mercy rig is responding.

UPDATE 2:07 p.m.: There are three children and two adults, all with minor injuries, who will be transported to the hospital for evaluation.

Out-of-service fire truck reportedly seen running lights and siren

By Howard B. Owens

A fire coordinator in Orleans County reportedly spotted an old fire truck heading south this morning running lights and sirens.

There was no fire.

With the truck heading toward Genesee County, the Sheriff's Office was notified.

An initial check of the area where it was thought to be turned up no results.

Then, about 9:45 a.m., a deputy spotted the truck on Seven Springs Road.

The truck is registered to a private individual in Hilton. It's labeled on the side "Morrisville."

The truck has appeared in a few parades in the area over the years.

Orleans officials are declining to issue citations. 

Photos: In Plain View at Dwyer Stadium

By Howard B. Owens

Local band In Plain View opened for the Batavia Muckdogs at Dwyer Stadium tonight. 

The band played a set of songs starting a little more than 30 minutes before game time in the concourse of the stadium.  

For a video of the event produced by Geoff Redick for WBTA, click here.

Fight reported on State Street, Batavia

By Howard B. Owens

Batavia PD officers are responding to a reported disturbance on State Street.

Individuals are reportedly fighting in the front yard of a home.

Another caller on Lewis Place reports that his daughter was attacked in the area.

Photo: Bulldawgs selling raffle tickets for chopper

By Howard B. Owens

The Batavia Bulldawgs Youth Football Team is selling raffle tickets for a 2011 Johnny Pag Spyder motorcycle.

The tickets are $40 each and only 150 will be sold.

The drawing is scheduled for Aug. 28 during the seniors' game at John Kennedy School (approximately 2:45 p.m.)

Tickets may be purchased at IR Systems, 309-311 West Main St., or potential winners can call John Riegle at (716) 228-5787 or Ken Proefrock at 794-6034 for tickets.

Pictured above are Riegle, left, and Proefrock with the bike.

GCEDC approves tax incentives for three local businesses

By Howard B. Owens

O-AT-KA Milk Products Cooperative, Inc., is receiving $204,000 in tax abatements through the Genesee County Economic Development Center (GDEDC) for an expansion at its facility at 700 Ellicott St., Batavia.

O-AT-KA intends to build a two-story dairy processing facility for producing dairy-based beverages and "ultra-filtered" milk ingredients. The project summary reads, "The additional dairy batch blend capacity allows more dairy-based products to be manufactured at O-AT-KA for shipment both nationally as well as exports."

Both projects would use milk produced exclusively in New York. O-AT-KA is receiving sales-tax exemption on construction material of $204,000. The estimated 10-year return on investment into the local economy is $21.2 million.

Graham Corp., of 20 Florence Ave., Batavia, is receiving a tax abatement of $125,906, through the GCEDC for the addition of a 10,000-square-foot sandblasting and painting building. Graham is receiving an $89,088 property-tax exemption (PILOT) and a sales-tax exemption on building materials of $36,818. The estimated 10-year economic impact is $89.8 million

Marktec Products, Inc., has been approved by the GCEDC for $57,109 in tax abatements for relocation to the Genesee Valley Agri-Business Park. Marktec, owned by Bill Cox, will build a 5,002-square-foot building on two acres of land in the park. The company will receive a property-tax exemption (a 60 percent PILOT) of $32,739, a sales-tax exemption on building material of $18,800 and a mortgage-tax exemption of $5,570. The project is expected to retain four jobs and create two new jobs. The estimated return on investment over 10 years for the local economy is $2.45 million.

Police Beat: Batavia man accused of choking another person

By Howard B. Owens

Thomas Michael Pillo, 40, of Alexander Road, Batavia, is charged with criminal obstruction of breathing and harassment, 2nd. Pillo is accused of choking and shoving a victim multiple times during a domestic dispute. The incident, at an address on Alexander Road, Batavia, was reported at 9 p.m., Wednesday.

Joseph Michael D'Amato, 19, of Sumner Road, Corfu, is charged with unlawful dealing with fireworks. D'Amato was arrested following a complaint at 12:05 a.m., Thursday, about fireworks in the Town of Pembroke. D'Amato allegedly set off fireworks "causing annoyance and alarm to several homeowners in the area."

Kateyln Christen Kubala, 22, of Maple Street, Batavia, is charged with petit larceny. Kubala is accused of shoplifting at Walmart.

Photo: Produce baskets

By Howard B. Owens

Thursday afternoon I stopped at a produce stand on Francis Road to buy some sweet corn (I never get enough sweet corn in the summer) and found these baskets piled up in the corner of the shed.

Motorcyclist now on foot, being pursued by the law

By Billie Owens

A man on a motorcycle is now the subject of a foot pursuit in a cornfield near routes 63 and 20 in Pavilion. The incident began in the City of Batavia. We didn't hear how things started, only that he's being hunted by Sheriff's deputies.

While he was gunning his motorcycle with the law in hot pursuit, the chain on his bike broke. He ditched it, along with his helmet, and ran into a nearby cornfield. They spotted him by a hedgerow and then he disappeared into the field again.

State Troopers are on scene, too, and they are asked to provide a helicopter to locate the suspect. Pharoah, the Sheriff's Office dog, is working the scene as well. The dog hasn't located the guy yet, but did return to his handler, Deputy Brian Thompson, from the west.

The man being sought is wearing jeans and has on a black leather jacket. The motorcycle doesn't have plates.

UPDATE 7:42 p.m.: A "whole family of deer" is hanging out in one area of the search, so they are thinking he hasn't gone in that direction. The helicopter is flying above.

UPDATE 8:10 p.m.: The helicopter is continuing a sweep of the farm fields west-to-northwest.

UPDATE 8:21 p.m.: The "family of deer has been spooked from its location" and so officers on the ground are asked to scour that area. The motorcycle is being towed "to a secure location."

UPDATE 8:27: The motorcycle is a 1990 GST Suzuki with an expired registered out of Belmont. The manhunt has yielded no results. The helicopter is returning to base.

UPDATE 10:14 p.m. (by Howard): Photo, Deputy Thompson and Pharoah. Deputies and troopers cleared the scene about about 9:30 p.m. with the suspect still at large. The chase started when Deputy Joseph Graff performed a traffic stop on a motorcyle that didn't have plates. After Deputy Graff exited his vehicle to approach the motorcyclist, the rider took off at high speed.

Armed suicidal man on Pratt Road, Batavia

By Billie Owens

A suicidal man in the roadway with a gun pointed under his chin is prompting law enforcement to shut down Pratt Road by the Apple Grove Mobile Home Park.

Sheriff's deputies are on scene. Mercy medics en route. A negotiator is staging at Kelsey Road and Route 5, along with a unit from the East Pembroke Fire Department. The scene is not yet secure.

UPDATE 6:25 p.m.: Residents who live on Kelsey Road are lining up and want to get to their homes. Officers will let residents access homes on Kelsey, but no one is going to get through to Pratt at this time.

UPDATE 6:29 p.m.: Mercy units are told to stand down. They will not be needed.

UPDATE 6:50 p.m.: The fire police are told they can stand down. The roadways are reopened. "Transporting one white male from Pratt Road to the barracks."

UPDATE 6:53 p.m.: All units are clearing the scene.

Water flow testing on Cedar Street Friday morning

By Billie Owens

At about 9 o'clock on Friday morning, Aug. 5, the city fire department will be conducting water flow testing on Cedar Street. Nearby homes and businesses may be affected.

Possible affected areas would include Ellicott Street, Edward Street, Wallace Street, Florence Avenue, Buell Street, Webster Street, and Wade Avenue.

Water flows may create a temporary discoloration in the affected areas. Should your water become discolored, you are advised not to wash your clothes until the water clears.

Food store relocating from Alexander to Batavia

By Howard B. Owens

Molasses Hill Bulk Foods is relocating from the Village of Alexander to a building on Ellicott Street.

Owner Shannon Harder said she hopes the new site will be open on Aug. 9.

Harder said moving was a simple business decision. While she had a core group of loyal customers in Alexander, there just weren't enough to sustain the business. She's hoping the bigger customer base of Batavia will help generate the kind of revenue she needs to stay open.

She also pointed out that the outside of the building (formerly Time Bomb Tattoo) will be repainted.

Vandals do damage to historic Batavia Cemetery

By Howard B. Owens

Some time in the past week, vandals knocked over at least six obelisks and gravestones at the Batavia Cemetery.

Jon McManis, with the Batavia Cemetery Association, returned from vacation and spotted the damaged obelisks above and the next day he surveyed the cemetery and found more damage.

"I wish these idiots would realize they're not just tipping over stones, they're wrecking history," McManis said.

The obelisk pictured above -- for the Lewis family -- is the only obelisk with any apparent damage. McManis isn't sure how it can be repaired.  

The others are simply heavy -- weighing 100lbs per column foot -- and the association doesn't necessarily have the spare funds to pay for them to be put back in place.

One gravestone was broke off at its base.

"Why would you want to get your jollies from doing something like this?" McManis asked while looking down at the broken Lewis obelisk.

Anybody with information that might lead to police identifying suspects in the case can call the confidential tip line at 345-6370.

Ranzenhofer meets with group of local business leaders

By Howard B. Owens

Sen. Mike Ranzenhofer met with a group of business leaders at GCC this morning to provide an update on the recently completed legislative session in Albany and get feedback on issues of concern to local business.

Ranzenhofer opened with a talk highlighting the on-time budget that closed a $10 billion deficit with no tax increases and the first reduction in state spending in 15 years.

When the discussion opened, participants raised issues about the number of school districts in Genesee County, tourism grants, as well as Albany's seemingly less hostile attitude toward business and services provided by local government.

Jim Fulmer, CEO of the Bank of Castile and a former Le Roy School Board trustee, expressed concern about duplicative administrative services in the county's nine school districts.

"At some point, somebody will need to absolutely need to take a hold of this issue and deal with it," Fulmer said. "This has the potential to make some fundamental change in our tax structure."

Ranzenhofer said the governor and Senate are absolutely committed to making such fundamental changes in the structure of local governance.

Jeff Boshart, chairman of the Chamber of Commerce board and president of Boshart Enterprises, asked whether the state would continue to fund grants for promotion of tourism in the county, which he said is essential to attracting visitors from all over the region.

A year ago, when the grants were not funded, Ranzenhofer said it wasn't because the money wasn't available, rather it was spent on other priorities, adding, "priorities I didn't vote for or support."

He said the money would continue to be available so long as the legislature made it a priority.

In a statement that seemed to allude to the recent controversy in Le Roy over the fate of that community's public pool, Jerry McCullough (pictured, inset), representing the Le Roy Business Council, the Rotary Club and his own business, expressed concern about local governments using the recently approved property tax cap as an excuse to cut services.

"They're hiding behind the tax cap and cutting things that young families would enjoy," McCullough said. "They're cutting things that would bring young families to our community and help our business community. We're left with a lot of nothing and it's still costing us the same amount of money."

Ranzenhofer said as a person who owns a business located in a village, he understands the importance of village services that improve the business environment.

"I’ve seen first hand what a beautification project will do, what a sidewalk project will do, what a facade project will do, what a light project will do," the senator said. "I think these projects help improve the business climate."

Whether state grants are made available to help with such projects, Ranzenhofer said, depends on what priorities the governor and legislature set in future budgets.

Also attending were: Craig Alexander, O-AT-KA Milk; Allan Davis, Liberty Pumps; Jerry Kozowski, BEST Center; Rachael Tabelski (formerly Millspaugh), GCEDC; Steve Hyde, GCEDC; and Katie White, Le Roy Business Council.

Lowest bid still over budget for new roof on County Building #1

By Howard B. Owens

The lowest bid for a new roof on County Building #1 was higher than anticipated and the Genesee County Legislature is being asked to increase the budget allotment for the project.

Assistant County Manager Frank Ciaccia said the lowest bid came in $2,500 more than budgeted, and the original budget contained wiggle room for unanticipated expenses.

Ciaccia asked the Ways and Means Committee today to transfer $12,000 from the county's sales tax reserve to cover the more than $214,000 cost of the roof replacement plus any unforeseen expenses.

"We don't know what we'll find when we take the roof off," Ciaccia said. "We may find some additional damage." 

County Building #1 is the main administration building at 14 W. Main St., Batavia. The original section was built in 1926, with additions being made in 1951 and in the 1990s.

The roof hasn't been replaced since 1985.

The new roof will be a rubber material.

The lowest of four bids came from Elmer W. Davis, Inc., of Rochester.

The committee approved both the budget adjustment and awarding the bid to Davis. The resolutions will be considered by the full legislature at its next meeting.

There's no Pontillo left at pizza shop that claims famous family's heritage

By Howard B. Owens

There's a pizza joint in town that calls itself "Batavia's Original" and claims it was established in 1947, but whatever claim the shop has to a once legendary local pizzeria was lost three weeks ago when the company fired its manager, Sam Pontillo.

Pontillo helped a group of Rochester investors open the pizzeria at 500 E. Main St., Batavia, in a building that was once home to a Pontillo's restaurant owned and operated by Sam's parents, Sal and Betty Pontillo. 

Sal, more commonly known as Sam, with his brother Anthony, opened the original Pontillo's at the corner of Liberty and Ellicott streets in 1947. The original Pontillo's was the first pizzeria in Batavia and helped create a new pizzeria industry in Western New York.

Sam Pontillo says it's time for the Rochester-based owners to stop trading on his family's name.

Besides the claim to being established in 1947, the restaurant's menu also has a picture of Sal Pontillo right in the middle of it (pictured above).

"It (the menu picture) should come off now," Sam said. "There's no Pontillo involved and we’re not getting residual from it. They're going to milk it for as long as they can, but they should do the stand-up thing and remove it."

"As for the 1947," Sam added, "how can they really use it? There’s a family attachment to 1947. I’m sure some lawyer will say it’s just a number, but it’s a significant number to my family."

Batavia's Original is a DBA of Batavia Pizza, LLC, a creation of Thomas Masaschi, Jeffrey Reddish and Jason Teller.

The Rochester-based group acquired the 500 E. Main St. location in 2009 after a bank foreclosed on the property.

The owners then hired Sam, who still operated the Pontillo's location in Le Roy, as the new shop's general manager and opened as Pontillo's in April 2010.

A few months later, Anthony Pontillo's heirs (Anthony filed for a federal trademark on "Pontillo's" in the 1980s) filed a trademark infringement suit against Batavia Pizza, LLC.

The suit was settled out of court and and the name of the restaurant was changed.

Local sources who have followed the Pontillo's saga immediately speculated that without the ability to use the Pontillo's name, Sam Pontillo wouldn't be long for employment at Batavia's Original.

It's a bit of speculation that Sam, now out of Batavia's Original, doesn't argue against.

"I make no bones about it," Sam said. "I told our management staff that when the owners felt they could do it on their own, they wouldn't need me anymore because there was no longer a Pontillo's name on the sign."

Sam said he was let go three weeks ago because, he said he was told, he wasn't bringing in enough money.

"Of course, at some point about this time, I was due for a pay increase," Pontillo said. "It's a corporate thing. It's a story that's repeated all the time. They're hardcore businessmen."

The Batavian called the real estate investment office of Thomas Masaschi this afternoon and requested an interview. We were told he wasn't available and left a message. The call has not yet been returned.

Sam Pontillo said he isn't rooting against Batavia's Original at all. He said he's proud of the people he hired and trained and believes they will do a great job with the business.

"I think it will go on as long as everybody gets their noses to the grindstone and does what I taught them to do," Sam said. "It will continue to be a great place that employs a lot of kids from the community and continues to serve the community as it has always done." 

Sam Pontillo isn't the only Pontillo who takes issue with Batavia's Original trying to trade on the Pontillo's name. Sam's brother John was quite pointed in his remarks this morning.

"They're using my father's face on their menu and it's not right," John said. "I don't think it's very respectful to use a picture of a man who is dead. He hasn't endorsed their business."

John currently operates a pizzeria -- Gio Vanna's -- in Geneseo and was planning to open a shop in the former Pontillo's location in Le Roy.

After paying off back taxes on the property, John said he was planning to buy the building from the estate of Betty Pontillo, but he claims Sam removed the furnace and the hot water heater.

"The building we agreed to buy is not the same building the estate has for sale," John said.

Sam disagrees.

"If he would just look on the roof, there's a practically brand new heating system there," Sam said.

As for hot water, there's still hot water available in the building, Sam said.

He added that he thinks the Le Roy location is a fine building that he cared for meticulously.

"I hope somebody buys it," he said. "It's a great location."

As for Sam's future, it's wide open, he said.

He's looking at options for new businesses from Brooklyn to Albany and even Dubai.

"I'm 52," Sam said. "I figure I'll ride out the next project out until retire. Hopefully it will be rewarding, so I’m just being careful before I move on. 

"I'll tell you," he added. "I'm not missing working seven days a week."

Whatever the future, Sam said he doesn't see himself going back in business with his brothers John and Paul. There's just too much water under the bridge after a few years of disagreements.

"It's unfortunate how things worked out," Sam said. "We were all great buddies growing up, but business got in the way and killed those relationships."

But none of what has happened means there won't be a Pontillo's in Genesee County again some day.

"If I could swing it some time and open a Pontillo’s and show the neon sign again in Batavia, it would be a big hit," Sam said.

Even if isn't owned by Sam, he said he's got at least one son, now studying hospitality in college, who might want to operate a Pontillo's some day.

"If that’s what he wants, I'll absolutely go to it and get it done for him," Sam said.

He said he feels he still owns the rights to a Pontillo's business in Genesee County.

Asked if there was anything he wanted to add, Sam thanked his staff and customers.

"You're only as good as people around you," Sam said. "I had a great staff around me. I also just need to thank people of Batavia and Le Roy, where I think I still have a following. It was a pleasure to serve them, it was a ball, it was riot. I will miss the customers. Maybe someday I'll throw a party somewhere and invite them all over." 

For previous coverage of Pontillo's, click here.

Police Beat: Jail inmate accused of trying to get a friend to cash forged checks

By Howard B. Owens

Ryan M. Shrauger, 41, of 6 Hull Park, Batavia, is charged with forgery, 2nd, possession of a forged instrument, 2nd, and petit larceny. Shrauger is being held in the Genesee County Jail on unrelated charges. Shrauger allegedly forged checks and asked an acquaintance to cash them for him at a local financial institution.

Nicholas F. Donoghue, 21, of 206 Callan Road, Le Roy, is charged with unlawful dealing with a child, 1st. Donoghue is accused of providing alcohol to a person under age 21 while in the park on Munson Street, Le Roy.

Duffy L. Starks, 19, of 20 N. Spruce St., Batavia, is charged with criminal contempt, 1st, assault, 3rd, and endangering the welfare of a child. Starks was arrested on a warrant issued following an investigation into an incident in the city June 6. Starks was taken into custody without incident when he was found in a vacant apartment at 1 Dawson. Starks is being held without bail.

Ryan Michael Carr, 23, of Filner Avenue, North Tonawanda, is charged with aggravated harassment, 2nd. Carr is accused of making more than 140 phone calls to known persons in the Town of Alexander. The calls were allegedly harassing in nature. Carr was jailed on $1,000 bail.

Pamela Lynn McKenzie, 36, of Covell Road, Pavilion, is charged with petit larceny. McKenzie is accused of stealing jewelry from a store at Darien Lake Theme Park.

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