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Selling Falleti Ice Arena won't come without a cost

By Howard B. Owens

If the city were to sell the Falliti Ice Arena, it would have to get at least $450,000 for the 30-year-old facility according to City Manager Jason Molino.

That base price would cover current debt on recent improvements to the facility, the Zamboni ice resurfacer as well as the cost of separating the HVAC and sewer line, which is shared with the Batavia Fire Department headquarters.

Councilwoman Patti Pacino, for one, doesn't think any investor will pay as much as $450,000 for a facility that old and attached to a municipal building. What's more, she's worried that once the building has new owners, they will be under no obligation to provide community services, such as hosting local hockey leagues and high school programs.

What if some day they wanted to turn it into a discotheque, or something else, she mused.

"That (loss of community use of the facility) frightens me," Pacino said.

Councilman Bill Cox  (pictured) said he's pleased with how well things are going with the current management company, but doesn't think the city should own an ice arena.

"The ice arena is (a) great service and it’s enjoyed by people from throughout the county, but it’s not a vital service to the city," Cox said. "I believe we have to get out of areas that really aren't vital city services and involve private business."

Councilman Bob Bialkowski is all for selling the facility. He said he already received calls from local business people supporting the idea of selling it, wondering what the city was doing running an ice rink to begin with.

Technically, the city doesn't run it. For the past four seasons, a management company, Firland, has run the rink, and by all accounts, has done a good job. Firland has made all of its obligated payments to the city, totaling more than $160,000.

If the agreement were renewed -- which Firland wants to do -- the city could expect $400,000 from Firland over the next 11 years, enough to cover debt service, including the $75,000 still owed on the Zamboni machine.

If the city were to sell the facility, Molino said in a report, the sale price might only be four or five times current revenue, or between $300,000 and $400,000.

That's just a guess at this point. If the city were to get serious about selling the arena, a request for proposal would need to be written and an appraisal done -- a process that would cost the city thousands of dollars.

That cost scared off some council members from supporting the RFP process and by consensus, the council went along with a suggestion by Molino that the city generate a request for interest statement and float it around to potential buyers -- just to see if there is a market for the facility.

"It’s not every day that an ice rink goes on the market that’s 30 years old in a rural market like this," Molino said.

City Attorney George Van Nest also cautioned council members that finding a buyer could be difficult.

"There are going to be several strings attached, which is going to make it less attractive to a purchaser," Van Nest said.

Councilman Frank Ferrando said the currant arrangement with Firland seems to be working out well and from what he hears, hockey and ice skating are "booming" at Falleti.

"We need more booming kind of things happening in Batavia," Ferrando said. "I would hate to see us lose that just because we want to get rid of (the building)."

Police Beat: City officer makes DWI arrest

By Howard B. Owens

Michelle Richmond, 41, of 207 Washington Ave., Batavia, is charged with DWI, driving with a BAC of .18 or greater and speeding. Richmond was stopped at 2:52 a.m. on West Main Street, Batavia, by Officer Darryle Streeter.

William L. Verney, 29, of Alexander, is charged with conspiracy, 6th. Verney was arrested by State Police on Monday for an alleged incident reported on Oct. 10 on the Tonawanda Indian Reservation. No further details were released.

Jeffery A. Fitzsimmons, 18, of Medina, is charged with unlawful possession of marijuana. Fitzsimmons was arrested by State Police at 1:05 a.m., Saturday, on Route 63 in the Town of Alabama.

Harold Miles, 52, of Batavia, is charged with introduction of prison contraband, 2nd, and criminal possession of a controlled substance, 7th. Miles was arrested by State Police on Saturday for an alleged incident reported on Oct. 19. No further details were released.

Democrats pack Larry's to hear campaign speech by Cuomo

By Howard B. Owens

Attorney General Andrew Cuomo made a campaign stop -- he's running for governor -- in Batavia this afternoon at Larry's Steakhouse on East Main Street.

The room was packed with local Democrats and several members of the media.

We'll have more coverage later.

UPDATE:  My digital recorder failed me. I was planning to post an audio of Cuomo's speech, but the file didn't save right.  All I have is his meeting with reporters (audio starts just after a TV reporter asked about his plans for the lieutenant governor). There are more pictures after the jump.

Police Beat: Man jailed without bail after allegedly violating order of protection

By Howard B. Owens

Andrei P. Sliker, 19, of 15 Thorpe St., Batavia, is charged with harassment, 2nd, and criminal contempt. Sliker alleged grabbed and pushed a woman who had a court order of protection against Sliker. Sliker was jailed without bail.

Matthew R. Hinze, 19, of Batavia, is charged with driving while impaired by drugs, loud/inadequate muffler, a license plate violation and unlawful possession of marijuana. Hinze was stopped at 11:09 p.m., Friday, on Route 63 in the Town of Batavia, by Deputy Patrick Reeves.

Jennifer Pearl Hepp, 28, of Walker Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or higher, aggravated unlicensed operation and driving left of the pavement markings. Hepp was stopped at 2:42 a.m. on Route 238 in Alexander by Deputy Jason Saile.

A 17-year-old from Walker Road, Pavilion, is charged with unlawful possession of marijuana. Walker was charged after a drug-sniffing K-9 reportedly alerted on his vehicle.

A 17-year-old from Big Tree Road, Pavilion, is charged with unlawful possession of marijuana. Walker was charged after a drug-sniffing K-9 reportedly alerted on his vehicle.

Michele Marie Davis, 27, of Wyoming Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater and speeding. Davis was stopped at 1:48 a.m., Sunday, on Perry Road in Pavilion by Sgt. Brian Frieday.

Charles William Wilder, 27, of Crane Raod, Oakfield, is charged with felony DWI, aggravated DWI with a BAC of .18 or greater and improper left turn. Wilder was stopped at 2:29 a.m., Sunday, on South Main Street, Oakfield, by Deputy Jason Saile.

Angela A. Snyder, 32, of 432 E. Main St., Batavia, is charged with petit larceny. Snyder is accused of shoplifting from the Dollar General.

Andrew Cuomo planning campaign stop in Batavia today

By Howard B. Owens

Attorney General Andrew Cuomo, the Democrat running for governor, is reportedly going to make a campaign stop in Downtown Batavia this afternoon. He's scheduled to stop at Larry's Steakhouse, but that could be moved to the Homestead conference facility inside the mall, and he will appear either at 4:30 or 5 p.m. (we've heard different accounts).

One protester is already outside of Larry's. His name is Jay D. Fuller and he's from Medina. His sign reads, "Healthcare is about caring, not $$$" and "Paladino is right." When I spoke to him, he talked about some land-use/political issue in Medina. The connection, I gather is that Cuomo authorized state grants to the family Fuller has a dispute with. "I think he should know who the money is going to," Fuller said.

Meanwhile, as I left Larry's, Joe DioGuardi's tour bus drove by. DioGuardi is a Republican running for Senate. I'm not sure if he was just passing through or if he made an appearance. The bus turned off of Jackson Street, which is where the local GOP has set up shop.

Driver reportedly fails to see truck on Route 63 before accident

By Howard B. Owens

A 35-year-old driver from Honeoye Falls said she didn't see the tractor-trailer barreling down Route 63 before it plowed into her 2001 Volkswagen sedan.

The woman was sent to UMMC with non-life-threatening injuries and issued a citation for allegedly failing to yield the right of way.

The accident occurred at 6:27 p.m. (initial report)

Brandy M. Temple said she stopped at the intersection of Route 246 (Perry Road) and Route 63, and then proceeded southeast when her car was struck by a 2008 International driven by Dumitru Ban, 36, of Mississauga, Ontario, Canada.

Ban was not injured.

There is a stop sign on Perry Road at that intersection, but Route 63 is designated for through traffic.

The accident was investigated by Sgt. Greg Walker.

Photos: 14th Annual John Gardner reading at the Pok-A-Dot

By Howard B. Owens

It's been said that the Pok-A-Dot was John Gardner's favorite eatery. In "The Sunlight Dialogues," Gardner mentions the 56-year-old diner in one passage.

For 14 years, the John Gardner Society has gathered at The Dot to remember the man and read from his work.

Saturday, nine people took turns reading from a variety of his works, including novels, poems, short stories and nonfiction.

Pictured above, Erica Caldwell, owner of Present Tense Books on Washington Avenue.

After the jump are more pictures from the event.

Bill Kauffman, master of ceremonies.

Maureen Maas-Feary

Tracy Ford

Brian Paris

Helen Maier

Terry Abrams

Lucine Kauffman

John Gardner's younger brother, Jim Gardner.

John Maier

Genesee ARC dedicates new community center in Batavia

By Howard B. Owens

Supporters of Genesee ARC were on hand Saturday evening for a dedication ceremony at its new community center, 38 Woodrow Road, Batavia.

Tom Houseknecht, center above, also announced that Genesee ARC's fundraising campaign for the facility exceeded goals. A total of $761,307 was raised. The goal was $750,000.

The center was also officially named the Edward S. Houseknecht building. Edward, who died at age 3, was the first child of Ralph Houseknecht Sr. and his wife. The tot inspired the entire Houseknecht family to aid other families with children with disabilities.

Pictured with Tom Houseknecht are his sisters, Katie Houseknecht and Mary Kay Barton.

Driver said he was 'playing with radio' prior to accident

By Howard B. Owens

A driver said he was "playing with the radio" just before his car crossed into oncoming traffic on Lewiston Road, leading to a two-car accident at 6:42 p.m., Saturday.

The driver, Matthew J. Zon, 29, of East Main Street, Bryon, was transported to UMMC with non-life-threatening injuries. He was also cited for allegedly moving from lane and unlicensed operation of a vehicle.

Thomas Oliver, 34, of Iris Avenue, West Seneca, who was driving the other car, was not injured.

Neither driver had passengers.

The accident was investigated by Deputy Cory Mower.

(initial report)

Elba/Byron-Bergen Lancers advance to sectional finals

By Howard B. Owens

Elba/Byron-Bergen beat South Seneca on Saturday, 23-7, in a Section V semi-final playoff game.

Next week, the Lancers will play the Holley Hawks in a semi-final playoff game. Game time is 2 p.m. in Rochester. The Hawks beat Le Roy 35-21.

Dylan Bordonaro carried the ball 26 times for 261 yards while Eric Kowalik completed nine passes on 17 attempts for 89 yards and two touchdowns. He also threw two interceptions. Bordonaro had one rushing TD.

Elba/BB posted 463 yards total offense.

Head chef at Alex's believed to have died in accident in Orleans County

By Howard B. Owens

The owners and staff of Alex's Place, Park Road, Batavia, are in mourning this weekend following the apparent death of head chef Russell Bugbee, 31.

While the Orleans County Sheriff's Office has not officially identified Bugbee as the driver of a car involved in a one-car accident at 11 p.m., Thursday, in Murray, Alex's was closed Friday after word of the accident reached owners Matt and Jennifer Gray.

The accident remains under investigation and official identification of Bugbee as the victim is awaiting a medical examiner's confirmation.

Matt Gray issued the following statement this afternoon:

On Thursday night, Alex’s Place lost our family member and friend Russell Bugbee. Russ was in a one-vehicle accident on Route 31 in the Town of Murray, New York and was pronounced dead at the scene. We were closed for business yesterday and we would like to thank the community for the support and understanding they have shown Alex’s and our staff. A native of Connecticut, Russ moved to Batavia in 2007 for what he thought was a six-month project to help an old friend out in a new business venture, the purchasing of Alex’s Place. He never left, growing to love the town and the people (and hating the snow). Over the last three years he made Alex’s his own with his creativity and dedication, becoming an integral part of our daily lives both at work and out. At just 31 years old and so talented he left us far too early. A memorial service is planned to be held on Monday, November 1st at Alex’s Place, time to be announced. A collection is being held for his family and donations can be sent care of Alex’s Place, 8322 Park Road, Batavia, NY 14020.

UPDATED: Notre Dame comes close to victory in semi-final game

By Howard B. Owens

With just over two minutes left on the clock, Notre Dame took a five-point lead over number one seed Dundee, but couldn't hold on as the Scotsmen engineered a nearly 80-yard drive to secure a 21-23 victory.

Notre Dame got the ball back with 36 seconds to play, but Tom Whelehan, who completed eight passes on the day for 159 yards and three TDs, was unable to connect on four attempts before time expired.

Dundee's final drive, Scotsmen head coach Sheldon Gibson said, was something the team had two weeks to work on following a forfeit by their first-around playoff opponent. Dundee made good use of the time, Gibson said, including designing and practicing the final touchdown play that won them the game.

Rick Mancuso said that winning play was really well executed.

"We’ve got some inexperienced kids and they were really jacked up," Mancuso said. "The took advantage of our aggressiveness."

A year ago in sectionals, Dundee literally ran away with the game, posting a lopsided 76-13 victory. It as a different story Saturday.

Notre Dame was never more than two scores down and grabbed a four-point lead with two minutes to go.

"Notre Dame came out ready to play, very tough, very well coached, without a doubt," said Gibson. "They were well prepared. They had our number, I’ll tell you that."

Mancuso said he was proud of his team.

"I thought the kids executed both offensively and defensively," said Mancuso. "We had a couple of turnovers, a couple of mistakes at inopportune times, and you can’t do that in this type of a ball game, but I was really proud of our kids for battling back."

Mike Pratt and Beau Richter lead the running game, with Pratt gaining 135 yards on 28 carries and Richter adding another 51 on nine carries, averaging 5.8 yards per carry.

"Pratt and Richter were coming through very small holes at full speed," Gibson said. "That’s very tough to stop."

Doanne McCuley caught three passes for 78 yards, including a long of 41 yards, while Nate Woods caught three passes for 58 yards, including two TD receptions -- both on tipped balls. Tom Dehr made the go-ahead TD reception in the 4th quarter on a seven-yard pass from Whelehan.

Notre Dame had 362 total offensive yards compared to 284 for Dundee.  The Irish also posted 21 first downs, compared to 14 for the Scotsmen. Time of possession also tilted in Notre Dame's favor, 36:08 to 23:52.

On defense, Whelehan had eight tackles with Pratt and McCulley having six each.

In other football action from yesterday: No. 1 seed Hornell beat No. 8 Batavia, 64-42; Wayland-Cohocton over Pembroke, 40-13.

Top photo: Nate Woods keeps his eye on a tipped ball before hauling it on a 40-yard touchdown pass from Whelehan. The TD at 7:30 in the fourth quarter put the Irish within four points of Dundee, 14-17. Below, R.J. Marchese, who has been out with an injury for four games, reacts to Dundee's final touchdown. Bottom photo, Woods celebrates a second quarter TD after catching a six-yard pass, also a tipped ball, from Whelehan. That first TD tied the score at 7-7.

More photos after the jump:

Some Le Roy residents apparently victims of debit card scam

By Howard B. Owens

At least two people, and maybe more, have contacted the Le Roy Police Department to report unauthorized transactions on their debit cards.

The individuals contacted police, according to Sgt. Tim Hayes, after trying to use their cards at area stores and having the transactions denied.

Upon further checking, the card holders discovered numerous debit card purchases for varying amounts on different dates at out-of-state stores, Hayes said.

Hayes said Officer Emily Clark is also handling the case and she may have the names of other victims, but Hayes did not immediately have that information available.

A reader who tipped The Batavian to the investigation said as many as 40 people in Le Roy have had unauthorized transactions on their debit cards and Hayes said that number could be accurate because not all of the victims are calling the police department -- many are only contacting their bank branches.

It's not clear how the debit card numbers of the victims were obtained, Hayes said. The victims still have physical custody of their cards.

Hayes asked that any victims of the scam contact law enforcement. The investigation is continuing.

Two weeks ago, media in Rochester reported that numerous area residents had suffered a similar scam. The victims may have been customers of Aldi's, which reportedly suffered a security breech. A perpetrator reportedly tampered with Aldi's credit card terminals in 11 states.

It's unknown if the Le Roy victims have been caught in the same scam.

In his e-mail to The Batavian, Hayes wrote, "It would be well advised as a matter of routine credit security for people to regularly check their debit card and credit card statements for incorrect/fraudulent charges and to notify the police as well as their financial institutions immediately upon discovery."

Elderly man injured at Jell-O Museum after scooter accelerates through elavator door

By Howard B. Owens

An elderly man's scooter accidentally accelerated while entering a handicapped-accessible elevator at the Jell-O Museum in Le Roy on Friday, causing the man to fall 34 inches.

It's not clear why the scooter accelerated.

The man's identity or medical condition is not available at this time.

The initial scanner call reported he went into cardiac arrest and was transported to UMMC.

Sgt. Tim Hayes of the Le Roy Police Department said the man was entering the motorized platform of the elevator, which provides access to three levels of the museum, when the electric mobility scooter accelerated. The scooter struck the top of the door from the lower level. The door opened and the victim and his scooter fell about 34 inches striking the pavement below.

The investigation is ongoing and no further information is available at this time.

Le Roy Pontillo's location among properties facing tax foreclosure

By Howard B. Owens

Foreclosure proceedings have begun against 68 county properties because of unpaid taxes, including the Le Roy Pontillo's location, according to County Treasurer Scott German.

Pontillo's owes for three years of back taxes, including school, town, village and county, totaling $24,261.

The delinquent property owners have until Jan. 14 to make final payment on their back taxes to avoid having the property sold at auction.

The auction will be scheduled for some time in March or April.

German said typically, 50 to 55 of the property owners will settle their tax issues prior to foreclosure.

All of the property owners have been sent letters, and notices have been published in two daily newspapers, with additional notifications pending.

Man who tried to rob Oakfield Pharmacy enters guilty plea

By Howard B. Owens

Cain Catino, 39, who tried to steal oxycodone from the Oakfield Family Pharmacy last month pled guilty this morning to attempted robbery, 3rd, in Genesee County Court.

The Seven Spring Roads resident had a knife in his pocket at the time of the attempted robbery, District Attorney Lawrence Friedman revealed this morning.

Friedman said Catino's case was scheduled to go before the grand jury next week and Catino was facing a possible charge of robbery, 1st, and criminal possession of a weapon.

Witnesses would testify, according to Friedman, that Catino was attempting to retrieve the knife when the pharmacy owner and his son were wrestling Catino to the floor.

Under terms of the agreement, Catino receives second felony offender status and will serve from one-and-half years to three years in prison.

Without the plea agreement, the attempted robbery charge could carry a maximum sentence of two to four years.

Catino's prior felony convictions are a grand larceny charge in 2008 and attempted robbery in 2009.

Sentencing was scheduled for Nov. 22.

Catino's mother is accused of trying to smuggle drugs to him in Genesee County Jail earlier this month. Charges of criminal possession of a controlled substance and promoting prison contraband are still pending.

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