batavia

You can now count the Daily News among those of us trying to get information from officials at Victorian Manor, where construction ground to a halt earlier this year amid rumors that the Main Street senior living complex would soon close down altogether. Any attempt to find out what was going on has been met with stalwart silence on the part of Marcia Noonan, the complex manager, and it turns out we weren't the only ones getting stonewalled.

Reporter Joanne Beck called up the complex on Monday and got nowhere. Nevertheless, she put together an interesting piece that mostly rehashes what was reported on The Batavian nearly a month ago by our diligent and undaunted readers. She did, however, have some other information that we have not yet seen that helps paint a bit more of a detailed picture.

A resident, who asked not to be identified, has also said the site's emergency system has not been working since this summer. The system involves pull cords in each resident's bed and bath rooms. It was touted as part of the security for an apartment that costs some $2,000 a month plus utilities.

The Batavian also received an anonymous tip on this same topic, but since we were unable to verify the individual's identity, we were unable to publish what was alleged.

Most of Beck's article, as mentioned, is made up of information that Kelly Hansen has been posting on The Batavian over the past three weeks. So, rather than report what we already reported, we will direct you to that earlier post.

Beck raises one point that is particularly confusing and possibly incorrect. She reports that KDA Construction Inc., a subsidiary of Sunwest Management, "filed a mechanic's lien for nearly $164,000 against Victorian Manor for lack of payment." Why would KDA, which is owned by Sunwest, file a lien against Victorian Manor, which is also owned by Sunwest? Wouldn't that amount to the company filing a lien against itself?

Our own research at the Genesee County Clerk's Office found that KDA Construction and Victorian Manor were both named as debtors in the mechanic's lien filed on September 17 by On It Inc., a Rochester-based company that claims $163,480.62 in unpaid labor and material costs. We telephoned On It earler today to see if we could get some more details. Unfortunately, the phone rang indefinitely. No answer. No voice mail. In the notice of the lien filed by On it, the labor and material costs were related to the installation of "HVAC equipment, duct work and piping."

Further, KDA Construction is named as a debtor in a dozen other liens filed over the past three months, totalling more than $1.54 million. The first, for $194,032, was filed on August 29; the most recent, for $22,382, was filed on October 29. In most of those, Batavia Senior Living LLC, the legal name for Victorian Manor, is also named as a debtor. Callea Electric Inc. is named as the creditor in the lien for $339,783.45—the most costly—filed on September 15.

Beck also spoke with a former employee of Victorian Manor who said that while she was employed there, "she was shorted money in her paycheck a number of times and had a couple of company checks bounce for insufficient funds." Ouch! Beck continues:

An investigation by the state Labor Department involved at least two employees who had complained about getting paychecks that did not include all the hours they had worked and about bouncing checks. Noonan had told Labor Standards Investigator Mary Confer that "she was aware checks had bounced" because management firm Sunwest Management had changed banks. However, the time period for bounced checks was from December 2006 to at least until April 2007, records state.

The Batavian called and left another message for Marcia Noonan earlier today. We have not yet received a call back. If we do, you can be sure we will let you know.

Batavia's City Council approved the acceptance of a $90,000 grant to be used for the purchase of a new ambulance by the city's emergency crew, according to the Daily News. At that same meeting, the council approved another grant for $23,980 that will be used for "record management." City Attorney George Van Nest told the group that a lawsuit against the city has been dismissed. A construction worker was suing the city after being injured while on duty. "There was no trial," said Van Nest.

In other news, a brief blurb in the local section claims that Oakfield-Alabama School Principal Scott Read is "not at work due to personal issues." No one knows if or when Read will return, according to Susan Conrad, who spoke with Superintendent Chris Todd.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

 New York State Assemblyman Steve Hawley paid a visit to the Batavia Lions Club Monday night at the weekly meeting at St. Nicks Club to announce a state donation to the City of Batavia.

Hawley helped get a grant passed to help Batavia decorate the city for Christmas, with much of the money going to the lighting on Main St.

Hawley gave a speech about the current state of government in New York State and told a great story about taking some veterans to Washington, D.C. recently for a visit. 

Hawley, a Batavia republican, has served on the Genesee County Legislature in the past and has been an assemblyman for three years.

The first hint of  trouble came in early May, when The Batavian was but a sprout on the Genesee County media landscape.

After initially welcoming The Batavian enthusiastically, we found out that Batavia City Manager Jason Molino told city employees not to cooperate with The Batavian. We could not even get copies of City Council agendas.

We eventually overcame that specific disability, but we've had an ongoing problem with getting answers from Mr. Molino to basic questions related to city governance, and a general lack of full disclosure form the city and its staff when we've sought it.

Two weeks ago, we took our case to the Batavia City Council. The response was, shall we say, tepid.

And we're disappointed.

Here's our position: The Batavian is a legitimate news organization. We may be web-only; our approach to news may be non-traditional; we may be new to the community, but the First Amendment doesn't address any of those issues. It merely enjoins government agencies to respect press freedom.

To us, that means not merely the right to publish as we see fit, but to have free and unfettered access to the government taxpayers support.

For the past several months, we've found that while the city manager will willingly speak with the Daily News and WBTA, he has completely cut out The Batavian as a channel for information to the citizenry on his positions, policies and actions.

He also maintains an inexplicable and unusually tight reign on the tongues of other city staff members.

At first, we hoped for improvement, but with none forthcoming, we began documenting Mr. Molino's failure to respond to interview requests. We documented 13 such instances, including instances where he would later be quoted in other media on the same topic, as well as an instance where Mr. Molino had the new fire chief cancel a video interview with The Batavian.

We've kept quiet about this issue because we were hoping for a friendly resolution to the disagreement over fair access, but since the council meeting two weeks ago, we've been trying to get a lunch appointment with Mr. Molino (The Batavian will pay:  Larry's Steakhouse, any afternoon on 24 hours notice). Mr. Molino has declined the invitation.

Given his lack of willingness to fairly discuss this issue, we've decided it is time to offer readers of The Batavian full disclosure about what has been going on.

As a matter of fairness to readers of The Batavian, we believe we are obligated to keep them informed on any issue that inhibits us from fully and faithfully gathering and disseminating information of public interest. While we regret withholding information about this lack of access until now, we hope readers will understand we did so only because we were seeking to settle this issue amicably long ago, and have persisted in this effort in good faith.

The readers of The Batavian have the same rights as the subscribers of the Daily News and the listeners of WBTA to have a representative of this news organization call upon city officials, ask questions and get answers.  It's a fundamental right under the U.S. Constitution.

Clearly, not all city officials agree.

When we first launched The Batavian, we were happy to find in Mr. Molino a welcoming attitude to the expansion of Batavia's media choices. Unfortunately, only days later, he clammed up. In fact, he told all city employees not to cooperate with us in any manner, including denying us access to routine government documents, such as City Council agendas.

Upon further investigation, we learned that City Attorney George Van Nest had told city officials that The Batavian was not "official media" therefore not entitled to any communication from the city.

That was a curious statement for an attorney to make, so I called Mr. Van Nest and confirmed that he did indeed make that statement. I reminded him that under the First Amendment, there is no such thing as "official press."  After much discussion, he agreed to allow the city to release routine government documents to us and promised full and fair access.

We have not gotten it.

After our presentation to the Council two weeks ago, only one council member spoke to the topic of our speech.  The lack of interest by the Council may, frankly, have owed to the degree to which we placed the burden for lack of access on Mr. Molino.  We've since heard that some council members objected to that tone of the presentation, even those who had encouraged us to make a public plea for greater access, not just for The Batavian, but all of the local media (Mr. Molino does not allow any city staff to speak to any media).

The lone council member to speak on the topic was Bill Cox. He made the clearly contradicted statement -- he had in front of him contrary evidence at the time -- that The Batavian was receiving the same access as any other media outlet.

Since we've reached what seems to be an insurmountable impasse, we think it's only fair we bring this subject to the attention of our readers.

We're not looking for a fight.  We could, if we wanted, start posting Jason's phone number and e-mail address every time we had a question and ask readers to get the information needed; or, we could openly encourage city employees to give us anonymous tips on city business; or we could file a lawsuit. 

The first two options would only serve to cause further hard feelings, and a lawsuit, costing taxpayers money, would subvert our goal to do what is best for Batavia.

So we are left with but a third option: To just drop the issue.

We're doing quite well without the city manager's cooperation, and we imagine we will continue to do quite well whether Mr. Molino favors us with a word or two from time to time or not.

We're not here to be the "official" news source of Batavia. We're quite happy to let the Daily News carry the mantle of "paper of record."  We just think it would be nice to get questions answered when we are curious about an issue or event. If Mr. Molino is unwilling to do that, we think in the long run he is causing more harm to the city than he is to The Batavian. If we're right about that, our best course may be just to let well enough alone and trust that eventually, Mr. Molino or his successor, probably many years from now, will find it counter productive to give any media the silent treatment.

I've uploaded two related documents to our position -- a PDF of court cases that support our position, and a letter from the New York Newspaper Publishers' Association specifically encouraging the city to cooperate with The Batavian.

Batavia's CIty Manager Jason Molino told the Daily News that the city's public works union has dropped its grievance with the city. That union had taken issue with the city's "use of volunteer's in the place of public works employees." Beck writes:

The American Federation of State, County and Municipal Employees filed the grievance after the 2007 Summer in the City festival. The group claimed it lost out on overtime work during the summer event.

I can't imagine city taxpayers would ever take the side of the union in this dispute. If the city can save $3,000—the figure cited by Beck—by getting more volunteers to clean up at the festival, why wouldn't they?

As Business Improvement District Manager Don Burkel said: "Our motive has always been that if we can save the city money, then we'll do that. It's a volunteer group. We're doing volunteer things." The BID runs the Summer in the City event.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

After 18 months of living in Batavia, local blogger Martin Szinger is getting settled into life in his new home town.

I was born and raised the Town of Tonawanda, a first-ring suburb of Buffalo. As an adult, I moved out to the "country" in Genesee County, Town of Batavia. Always Buffalo-facing, I never gave much thought to the City of Batavia, five miles to the east, other than it being the shopping destination of choice for most of life's daily needs. I came to understand that most of Genesee County is more likely to be Rochester-facing - we got the 585 area code with them, bland pollsters operating from a half a world away assume we watch the Rochester TV stations, and so on. But I never gave much consideration to the idea that any significant number of people could be Batavia-facing.

Great way of putting it: That you can live in Batavia and not look to Buffalo or to Rochester, but actually be Batavia-facing.

It's probably no surprise that Martin getting knee deep in appreciation for Batavia coincides with his reading Bill Kauffman's book.

Slowly, I've become more interested in the history of the place. I've just finished reading Bill Kauffman's Dispatches from the Muckdog Gazette, in which the author's classic experience of the Native Son returning to his small hometown is set in the very same Batavia. It's his vehicle for bemoaning so much of what's been lost in Small Town America and also celebrating the good in What Remains There, but it's also very much about Batavia. Literate (probably to a fault) and witty (to compensate), Kauffman produces a veritable parade of references that shed light on Batavia so as to almost move it from the Real to the Mythic. You can feel the love, and it's contagious.

And we're gratified to know that Martin reads The Batavian and that he is considering taking our advice to subscribe to the home town newspaper. We also encourage him to make a habit of WBTA.

You can enrich your life when you turn to your own home town and make it not just a place where you watch TV and sleep at night, but where you actually live.

 In Friday's edition of The Daily News, Sam Pontillo gave reporter Joanne Beck his side of the story, and it is kind of confusing.

The Batavian broke the story about Pontillo's restaurant owing about $112,000 in back taxes on Wednesday after a story in the paper about it being closed for renovations.

Pontillo told Beck that he does not own the Batavia branch, but does own the Le Roy one. He says that the Batavia restaurant is still in his mother's name and the estate is being settled, blaming his brother John for the financial situation.

John claims that Sam and another brother, Paul, are at fault for the situation. It sounds pretty messy.

Sam Pontillo also says the Batavia restaurant will reopen in a few weeks with renovations that "won't be an obvious change that patrons will notice".

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Monday morning, Pontillo's restaurant in Batavia closed up shop temporarily for renovations. "It's all good," owner Sam Pontillo told Daily News reporter Joanne Beck. In that article, which appeared in the Tuesday edition of the Daily, Beck wrote that Pontillo "expects to re-open ... within a couple of weeks."

One has to wonder if that's really the case. Owing to an anonymous tip, The Batavian has learned that "Pontillo's Pizzeria" in Batavia owes more than $112,000 in unpaid taxes to the New York State Department of Taxation and Finance. In an attempt to collect those funds, the state department has issued six tax warrants to "Pontillo's Batavia Pizzeria Inc." totalling $58,379. Another roughly $53,000 in unpaid taxes were the subject of warrants issued to other "trade" names of Pontillo's.

Finance Department Spokesperson Susan Burns:

"Generally, the tax department tries to work with the taxpayer and work on some sort of negotiated settlement in order to satisfy those warrants. Generally we like to see everything come to a positive outcome, and that's generally what happens in these situations. Sometimes, is there a time when a business is seized? Yes, that happens also."

No seizure of property has yet been made by the state, however, Burns said. Pontillo's is not faced with any deadline when the taxes must be paid. Burns stressed that the department does its best to negotiate a settlement before it comes to legal seizures.

In a records search at the Office of the Genesee County Clerk, The Batavian turned up six tax warrants issued to Pontillo's Batavia Pizzeria Inc. Two of those were for withholding tax, three for sales tax and one for corporate tax, explained Burns. They were issued between March 28 and October 17, of this year. All are still outstanding.

In addition to these, we discovered another tax warrant issued to "Sam's Tomato Pies Inc." and "Pontillo's Pizza" in the amount of $36,117.80. Another warrant in the amount of $17,585.03 was issued to "Pontillo's Pizzeria." Burns explained that "Pontillo's Batavia Pizzeria Inc." has been trading under the name "Sam's Tomato Pies Inc." for about a year or so now. Pontillo's Pizzeria is the sort of general rubric that comprises the Batavia Pizzeria Inc. and Sam's Tomato Pies. That entity is responsible for all of the owed taxes listed under all three "trade" names, which amounts to more than $112,000.

A warrant was also issued to Pontillo's Batavia Pizzeria Inc. by the New York State Department of Labor in the amount of $1,640.92. The Workers' Compensation Board of the State of New York has also filed a judgment in the amount of $1,250, in addition to a civil suit filed with the state's Supreme Court.

Whether this is related to the recent closure of Pontillo's, we cannot say. The Batavian tried to contact Sam Pontillo earlier today. We left a message at the Pontillo's restaurant in Le Roy at 3:30pm. We also tried a telephone number listed for John Pontillo in the Batavia phone book, but that was disconnected.

Earlier today, we stopped by the Genesee County Democratic and Republican headquarters in Batavia to see how the campaigns were doing as we come down the stretch. It couldn't have worked out better, as we ran into everybody's favorite Democrat Dan Jones and everybody's favorite Republican Jay Grasso.

Here's what they had to say about how hard they're working and why their side will win tonight. Who sounds more convincing?

While these elections haven't really captured my attention, I always like to know what is going on around town. I went out to visit a few polling stations in the city (Holland Land Office, Robert Morris, YMCA) and for an early afternoon while most people are still at work, there was a decent turnout.

I talked with a lot of people about the importance of doing their duty as Americans and making that vote. Many of the people were very passionate about that.

Some of the volunteers I spoke with said that the early morning saw a ton of Batavians out voting and they expect it to be swamped after people get out of work.

 As I was out checking out some polling spots in Batavia, I happened to notice some fire trucks on Union St.

I stopped to see what was going on and it wasn't anything too serious, but somebody lost their lawnmower.

Apparently some dry leaves got caught up in the mower and started the blaze.

If you had to pick a race statewide that could determine what party has the majority in the New York State Senate, look no further than the 61st Senate District. Democratic candidate Joe Mesi is taking on Republican Mike Ranzenhofer in a very close and hotly contested race.

Tonight, Mesi held a gathering in Batavia. At left it was I encountered when I pulled up to park for the event. What I didn't get on camera was the half-dozen Ranzenhofer supporters that decided they would stand in front of the event's venue - Main Street Cafe - holding Ranzenhofer signs. Apparently they decided that since the Democrats had been doing it for awhile in front of their headquarters, they would do it on the eve of the election.

But inside the event was a great atmosphere. At its peak, the event had 40-50 people. There were people of all ages in attendance for pizza, mingling with Mesi and a nice enjoyable evening before Election Day.

Mesi also addressed the crowd. You can hear the bulk of his remarks in this video:  

I remember first meeting Joe Mesi. That was nearly seven months ago. You could tell then that he was still learning. He was educating himself about the important issues and told the story that led to his candidacy. His brother lost his job at American Axle and that motivated Mesi to run for office.

Since my interview with Mesi, he has evolved into quite a candidate. His Plan for Change is pure genius. I say that because he put his platform into an easy-to-read booklet that was available at his campaign headquarters and handed out tonight at the gathering. Candidates usually use basic talking points on the stump or ramble on about what their policy positions are. Instead of doing that, Mesi decided to put his plans and his positions on paper for the world to see. That way, if there are any questions about where he stands, you can refer to the booklet.

So why should the people of the 61st Senate District elect Joe Mesi their state senator? Mesi is genuine. He truly cares about Western New York. This is where he built his life. This is where he became a heavyweight boxer. This is where he became a local star. And this is where he wants to stay, raise his own family and better the region that has given so much to him. He will be a great state senator for Erie and Genesee counties and he will represent them well.

Notre Dame proved to be the sternest test of the year for the Dundee Scotsmen, and who knows what might have been if not for a controversial non-call which resulted in the game’s first score.  In the end, the Fighting Irish gave undefeated Dundee all they could handle before coming up short in overtime. 

  Hard hitting was the order of the day. For most of the first half, Dundee and Notre Dame jockeyed for field position by trading punts. With 5:56 to go in the second quarter, Dundee quarterback Justin Schenk fired a long pass downfield. Dustyn Thompson, the intended receiver, shoved the Notre Dame defensive back with both hands, knocking him off balance. With the defender out of the picture, Thompson caught the ball uncontested and raced to the end zone. No flag was thrown, the point after was good and the half ended 7 - 0.

            In the third quarter Notre Dame’s Justin Shenk (not to be confused with Dundee’s Justin Schenk) blocked a punt and Cam McDonald recovered. The opportunity was squandered by a combination of timely defense and penalties. 

 At the 4:19 mark of the quarter Mike Raplee caught a quick strike from Justin Schenk and turned it into a 51 yard touchdown. After the PAT the Scotsmen led 14 - 0 and at this point Notre Dame began playing inspired defense. At 11:56 Kevin Schildwaster scored on a five yard run. Point after made it 14 – 7. The Scotsmen were stopped yet again by the Fighting Irish and Bochicchio drove his team toward the goal line. This time it was Mike Pratt carrying the ball into the end zone at the 4:10 mark.

 With time running out Dundee moved the ball to the Notre Dame ten but time ran out. Steven Webb scored on the third play of overtime and the Scotsmen went for two. The conversion was good and Dundee was up 22 – 14.

On their final possession, the Fighting Irish made it close, but an illegal procedure penalty nullified a completion inside the five and the resulting first down.         

 Offensively for Notre Dame Mark Schildwaster carried seventeen times for 60 yards. Mike Pratt carried thirteen times, also for 60 yards. Nick Bochicchio was 7 of 12 passing for 46 yards.

 For Dundee Steven Webb carried 14 times for 94 yards and quarterback Dustin Thompson was 7 of 14 passing for 140 yards, 2 Td’s and an interception.

Defensively for Notre Dame, Kevin Francis had 7.5 tackles, 1.5 for a loss and 3 assists. Craig Houseknecht amassed 6.5 tackles and 7 assists. Cam McDonald added 6 tackles and 6 assists.  

 Today is the big day.

Notre Dame is playing Dundee at PAETEC Park at Noon in the Class D finals while Le Roy plays Letchworth and Oakfield-Alabama and Pembroke do battle in Class C semifinal action at Aquinas High School.

Keep checking in to The Batavian today for results, photos and video from these games.