It was senior night at Pembroke's Boys Soccer game on Wednesday, with members of the Class of 2025 on the team honored in a pre-game ceremony.
On the field, the Dragons came up short, losing to Newfane 2-0.
Photos by Kristin Smith.
James Pontillo, owner of the former Odd Fellows Hall in Stafford, apparently has the funds to put siding on the building and bring it up to fire code, according to information shared in Genesee County Supreme Court on Thursday morning.
The questions, according attorney David Roach, representing the Town of Stafford, is exactly whether Pontillo is planning to leave the building vacant and whether that is permissible under the town's building code.
Roach wants to consult with the architect who provided the parties in the case with a scope of work and budget. Roach said that Matthew Hume has provided two letters that seem to indicate that Hume's scope of work contemplates curing only those code violations applicable to a vacant building.
In order to clarify whether that's an acceptable offer from Pontillo, Roach said he needs to talk with Hume and determine whether that is actually what is being proposed, and if it is, is that legal?
The total cost is expected to be about $55,000, with the cost of new siding estimated at $45,000. Roach told Judge Diane Devlin after a recess that he reviewed financial statements on a mobile device provided by Pontillo that indicated he has $55,000 in cash available for the project.
The case is continued until Nov. 7 to give Roach time to research the issues related to the proposal.
During a discussion of the case, Attorney Chad Hummel, representing Pontillo, told Devlin that Hume engaged in the case even before he was hired by Pontillo and that the town had previously received a letter stating he would need six months to draw up plans for restoration of the building.
Roach quibbled with that representation, saying that the town wasn't asking for completed plans; rather, the town requested a scope of work, cost estimate, and schedule for completion.
Outside of court, The Batavian attempted to interview Pontillo with his attorney present and Hummell asked The Batavian to submit questions via email, promising a speedy response. Among The Batavian's questions is whether it is Pontillo's intention to leave the building vacant. The Batavian had not received a response by time of publication.
UPDATE 5:30 p.m.: Hummell responded for Pontillo. We asked Pontillo if he planned to leave the building vacant, and Hummell said, "We plan to follow the current Court Order, which requires us to get the building in full compliance with the NYS Uniform Fire Prevention Code. We will develop further plans, if appropriate, after this stage."
We asked if leaving vacant was fair to the community, Hummell said, "With all due respect, the Pontillo's financial and other personal investments in this property are not for the community. It will be fair however to allow them the time and space to get the building in full fire code compliance."
We noted that the building seems to be in worse condition now than when he acquired it so what assurances can Pontillo give the community that it once again becomes a building the community can take pride in, and Hummell wrote back, "That may be your opinion? The architect's current report and the engineer's report (hired by the Town) from back in 2016 clearly state otherwise."
He also said, "This matter is not about pride. It is about the right to own property free from harassment. Again, our current aim is to get the building into full code compliance, and we will."
We asked that while Pontillo showed he has the $55,000 available, would spending that potentially deplete his funds, and so could he really afford it, Hummell said, "Yes, and we supplied the proof. If we could not afford it, how could we 'return it to a building the community can take pride in'?'
Lazavia M. Price, 25, of Batavia, is charged with unlawful imprisonment 1st, criminal possession of a weapon 3rd, strangulation 2nd, menacing 2nd, and assault 3rd. Price is accused of fighting with another person on Oct. 4. He allegedly strangled the other person and threatened him with a knife. He was arraigned in City Court and jailed.
Supreme R. Hines, no age nor address provided, is charged with tampering with physical evidence, attempted grand larceny 4th, criminal possession of stolen property 5th, obstructing governmental administration 2nd, unlawful fleeing of a police officer in a motor vehicle 3rd, and conspiracy 6th. Eric L. Ball, Jr., is charged with tampering with physical evidence, attempted grand larceny 4th, criminal possession of stolen property 5th, obstructing governmental administration, and conspiracy 6th. Hines and Ball are accused of attempting to steal a large amount of merchandise from Dick's Sporting Goods at 4:21 p.m. on Oct. 15. Hines was allegedly the driver of a Honda Accord that fled from the scene. Three deputies responded and spotted a vehicle matching the description of the suspect vehicle and attempted a traffic stop at Oak Street and Park Road. The deputies pursued the Honda Accord onto the Thruway. During the pursuit, the suspects allegedly started discarding stolen property. The vehicle was eventually stopped by the combined efforts of deputies, troopers and officers with Le Roy PD on the I-490 in Le Roy. Hines was held for arraignment and Ball was issued an appearance ticket.
Jason Matthew Wood, 37, of Freeman Road, Byron, was arrested as a fugitive from another state on Oct. 11. The arrest warrant was issued by the Adams County Sheriff's Office in Colorado. Wood was wanted on two counts of sexual assault on a child, sexual assault on a child pattern of abuse, and two counts of sexual assault on a child from a position of trust. While deputies were at Wood's address, they noticed him pass the location on an eclectic bike. They were able to catch up with Wood and take him into custody without incident. He was jailed pending extradition to Colorado.
Raymond A. Amaro, 38, no street address, of Batavia, is charged with burglary 2nd and criminal mischief 4th. Amaro is accused of entering a dwelling unlawfully at 5:40 p.m. on Oct. 6 on West Main Street Road, Batavia, and of damaging the property of another person. He was held pending arriagnment.
Phillip P. Heale, 46, of Batavia, and Jessica D. Delcour, 41, of Batavia, are charged with criminal possession of a controlled substance 7th and two counts of criminal use of drug paraphernalia 2nd. Heale and Declour were allegedly found in possession of narcotics and drug paraphernalia during a home probation search on Oct. 7. They were reached and issued appearance tickets.
Dean D. Root, 43, of Le Roy, was arrested on Oct. 8 on a warrant. The warrant was issued for Root when he allegedly failed to appear in court after being issued a misdemeanor traffic ticket. He was arraigned in City Court and released on his own recognizance.
Hillary D. Russell, 31, of Batavia, is charged with petit larceny. Russell is accused of shoplifting at Save-A-Lot in Batavia on Sept. 30. She was issued an appearance ticket.
Trace G. Brewer, 24, of Batavia, is charged with obstructing governmental administration 2nd and resisting arrest. Members of the Batavia Police NET Unit spotted Brewer on Watson Street on Oct. 4 and attempted to arrest him on an outstanding warrant. Brewer allegedly ran from officers but was eventually taken into custody. He was arraigned and released.
Terrance H. Riley, 36, of Batavia, is charged with harassment 2nd and endangering the welfare of a child. Riley is accused of fighting with another person in the presence of three children on Oct. 1. He was issued an appearance ticket.
Trevor N. Christman, 34, of Batavia, was arrested on a warrant on Oct. 4. Christman allegedly failed to appear in court after being issued an appearance ticket for a misdemeanor crime. He was arraigned in City Court and released.
Morgan A. Schoonmaker, 28, of Perry, was arrested on Oct. 3 on a warrant. Schoonmaker allegedly failed to appear in court on a misdemeanor traffic ticket. She was arraigned in City Court and remanded to the Genesee County Jail.
Booker T. Ricks, 53, of Batavia, is charged with assault 3rd. Ricks is accused of punching another person several times on Sept. 28 causing injury. He was issued an appearance ticket.
Kevin Allan Knickerbocker, 53, of West Main Street, Byron, is charged with criminal contempt 2nd. Knickerbocker is accused of violating an order of protection at 3:32 a.m. on Oct. 12 at a location in Byron by placing the protect party in fear for his or her safety. Knickerbocker was issued an appearance ticket.
A homegrown company is growing again.
On Wednesday, Oxbo International hosted a ceremonial groundbreaking at its future 195,000-square-foot manufacturing facility at 7101 South Lake Road, Bergen.
The new factory, situated on 49.7 acres, will replace the existing plant at 7275 Byron Road, Byron.
"We outgrew our facility back in the late 90s. So, 25 years later, we finally thought we should do something about it," said Joe Perzia, president of Oxbo. "We're a little slow on the uptake. Over the years, we've prided ourselves on lean manufacturing principles and tried to get as much production through a tiny space as possible. But being resourceful, some say frugal, has its limitations. This is no longer suitable for going company, so with the full support and encouragement of our shareholders, we are moving forward in this new chapter."
The new location is part of the GCEDC-created industrial park, Apple Tree Acres, which already includes Liberty Pumps, Craft Cannery ), All Season Party Tent Rentals, GE Renewable Energy, Insurance Auto Auctions, and Leonard Bus Sales.
The $43 million project is expected to create 140 jobs initially with plans to add 60 more.
Financial assistance for the project has come from Genesee County Economic Development Center and Empire State Development.
GCEDC's assistance is in the form of sales tax exemptions estimated at approximately $1.75 million, a property tax abatement of approximately $2.15 million via payment in lieu of taxes (PILOT), and a mortgage tax exemption of $366,000.
Additionally, ESD award Apple Tree Acres a $1.26 million grant that supports needed electrical infrastructure upgrades, including improvements to the electrical substation and distribution lines, increasing the capacity to serve anticipated load growth. The upgrades are expected to assist not just the new facility, but the rest of the industrial park.
Assemblyman Steve Hawley praised Oxbo as a local success story.
"Oxbo is a shining example of the entrepreneurial spirit being alive and well in Western New York, and I couldn't be more thrilled with the work they'll be doing following this groundbreaking. We've got more jobs on the horizon, more focus on the importance of the agriculture industry in this state and across the world, and more faith in our farmers with these continued investments in farming technology."
Oxbo began in Byron as a pallet repair business and then became Byron Equipment after filing for a patent on a corn head -- a mechanism to attach to the front of a combine that picks ears of corn off of stalks, leaving the stock behind.
The company then grew through mergers and acquisitions.
In 1998, Byon Equipment acquired a competitor in Wisconsin, and the new management team settled on the name Oxbo, after an oxbow that yolks and ox team together, to symbolize the concept of the new two integrated teams pulling together.
Both plants stayed in production.
In 2003, Oxbo acquired a pea-picking combine company in Illinois and moved that manufacturing operation to Byron. Oxbo is the only manufacturer of a pea-picking combine in the U.S.
In 2004, Oxbo acquired a fruit company in Washington state, and this past June, the company acquired another company in Wisconsin.
However, one of the biggest mergers occurred in 2009, when Oxbo merged with its largest customer in Europe and moved its headquarters to the Netherlands.
The company also operates plants in Brazil, the United Kingdom, and France.
Oxbo employs about 1,200 people in total, 700 in the U.S. The company's gross annual revenue exceeds $400 million.
Shelley Stein, chairwoman of the County Legislature, noted how the grit and determination of a local farmer, Richard 'Lefty' Glazer, to take an entrepreneurial leap and create a copay that now serves a worldwide agricultural industry.
"Homegrown talent and skills joined up with innovation then and now have created the need to continue that growth in supporting agribusiness in our county, our region and our world," Stein said. "Genesee County commends Oxbo for their continued growth and expansion."
A 45-year-old Lockport man admitted in Genesee County Court on Wednesday to concealing a human body in the trunk of a car and parking it in the town of Alabama on March 17.
Norman S. "Bud" DeBois entered a guilty plea to concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.
DeBois was initially charged in April with additional counts of hindering prosecution in the first degree and conspiracy in the fifth degree, a Class A misdemeanor.
Wednesday's plea satisfies all charges. He faces from 1 1/3 to 4 years in prison. He is scheduled to be sentenced on Jan. 21 at 2:15 p.m.
On March 19, while investigating a missing person complaint out of Niagara County, Sheriff's deputies found the body of Michael G. Poole, 59, of Olcott.
Two Niagara County residents are accused of conspiring to murder Poole.
On April 19, Kathryn A. "Kit" Henry, 33, of Lockport, was charged with murder in the second degree, a Class A-1 felony, assault in the first degree, a Class B felony, concealment of a human corpse, a Class E felony, hindering prosecution in the first degree, a Class D felony, tampering with physical evidence, a Class E felony, conspiracy in the second degree, a Class B felony, and conspiracy in the fourth degree, a Class E felony. CLARIFICATION: Henry entered guilty pleas on Aug. 22 to charges of hindering prosecution, a Class D felony, and concealment of a human corpse, a Class E felony. She is no longer facing a murder charge as previously reported.
Last week, Edward A. Dunn, 38, of Lockport, was charged with murder in the second degree, a Class A-1 felony, assault in the second degree, a Class B felony, concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.
Those two cases are pending further court proceedings.
There were a couple of turns in the road on the way to approval for a new mobile phone tower for Verizon customers in the area of 9321 Wilkenson Road in the town of Batavia, but in the end, the town's planning board approved a special use permit and site plan review.
Bell Atlantic Mobile Systems LLC is the official applicant. The tower will be 154 feet high, have a four-foot lightning rod, and nine antennas on it, along with associated equipment on the ground.
Tuesday's meeting was the second time the board approved the same project.
The first approval had to be redone because of a "miscommunication," said board President Kathy Jasinski. At a previous meeting, the board moved ahead with approval even though the project had not yet been reviewed by the Genesee County Planning Board.
Last week, the county board recommended approval but with modifications. Members voted to require space on the tower for public safety purposes, such as the 9-1-1 system at no cost to the public.
That was another turn in the road.
Steve Fantuzzo, an attorney with Nixon Peabody LLP, representing Verizon, said Verizon objected to that requirement.
"It's a takings issue," Fantuzzo told the board. "It's the government taking property without providing compensation. Basically, it is not legal for the county to say we're taking space on the tower, or else we don't recommend approval. So the reality is that Verizon will accommodate them, and when they request it, they're generally willing to accommodate that space, but as a condition and a requirement, Verizon would object to that."
Board members quickly agreed that space on the tower should not be a requirement but had a short discussion about whether to amend a motion to remove that requirement or if a motion to reaffirm the board's prior approval would be adequate.
The board's attorney, Matthew Fitzgerald, recommended reaffirming the prior approval.
"If you're going to override the county's recommendation, you will need to send them an explanation," Fitzgerald said. "You'll need a majority plus one vote, which, if all members here vote in favor, that's fine. You will need to send them the reason you decided to go against their recommendation."
The board did not need to incorporate that decision into the motion itself, he said.
"I think the minutes will capture the discussion that was just had, as well as me interjecting, clarifying that was the reason," Fitzgerald said.
The board unanimously approved both the special use permit and the site plan review.
One could say, perhaps, that it takes a village to build a police station.
At least that's the case this fall in the Village of Corfu, where people are volunteering their time to help convert a building that was once a bar but has sat vacant for at least 20 years into a police station.
The Corfu Police Department has never had a proper police station for the past 25 years, it's operated out of what is essentially a broom closet at the Village Hall, said Deputy Mayor Michael Doktor.
"We have officers, board members, community members, volunteering (to help complete renovations)," Doktor said. "Our maintenance man is also helping."
The property, at 81 East Main St., is nearly 39 acres and contains a house and a four-bay garage.
The village purchased the property in January. Doktor said the village developed plans to replace the roof on the garage, using existing capitol improvement funds, and start parking police cars there.
Then earlier this year, David Krzemien, officer in charge for the department, stopped by the little red building while village staff was there evaluating what damage their might be to the building, Krzemien began imaging it as a police station.
He brought the plan to the village trustees.
"It was a pretty quick discussion," Doktor said. "The board pretty much agreed with the officer in charge that the officers needed a real work space and that this building would pretty much meet our needs for the time being."
On Saturday, when The Batavian happened to stop by the building, Krzemien was there, working by himself, installing new metal siding. Red, of course.
Doktor said officials are still waiting on an estimate on the cost of replacing the floor. The current one is pretty weather-damaged. But it's still expected that converting the building into a police station will cost less than $6,000.
The beautiful old wood bar inside? It stays. Repurposed into a front-office counter.
As for the house on the property? The village is collecting feedback from residents on what to do with it. It all depends on costs and what the village wants, Doktor said.
"We're looking at what’s most cost-effective and listening to everybody's input from the village," Doktor said. "Who knows how long before we come up with the final idea for it, but we want to make sure it’s justifiable."
Doktor said the village hopes the new police station will be opened by December, even if the back office space isn't completely renovated by that time.
"We think (the police station) is something that will benefit the community. The feedback has been great so far," Doktor said. "We hope it is something the community will be equally happy about."
For the first time, Upstate Niagara Cooperative on Saturday held a Farm Fest at Reyncrest Farms in Corfu.
The event drew 350 employees as well as members of the 250 farms that participated in the cooperative.
"I'm hoping for connection," said Kelly Wells, chief human resources officer for Upstate, who led the effort to bring the event together. "It's a great time of the year. It's fall. Harvest season's coming to a close, and it's an intimate way to bring people together to learn more about farming and to connect and understand how they play a role in making great products."
There were activities for the kids, stations for photo ops, corn hole, food, milk, ice cream, farm demonstrations and a hay ride.
Wells said the event was a "resounding success."
CEO Kevin Ellis said the event was a great employee and member appreciation event.
“While our corporate team members and member farm families may have different day-to-day roles, they all play an integral part in bringing quality milk to homes across the region. We are thrilled to have this opportunity to connect with and celebrate our team outside of the typical workday,” said Ellis. “At UNC, we are committed to fostering a sense of community and camaraderie among our growing workforce.”
The event, he said, is another way to demonstrate that Upstate is a great place to work.
“The market and consumer demand for milk and dairy products continues to grow and, with that, the opportunity for Upstate Niagara Cooperative to establish itself as an employer of choice in the region grows as well,” adds Ellis. “We know our collaborative work environment is what makes UNC great, and that really shines through at events like Farm Fest where all team members and families can come together as one.”
Photos by Howard Owens
The investigation into a case that began in March with the discovery of a body in the town of Alabama has concluded with the arrest of Edward A. Dunn, 38, of Lockport, on charges of murder in the second degree, a Class A-1 felony.
Dunn is also charged with assault in the second degree, a Class B felony, concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.
The Lockport man is accused of killing Michael Poole and then taking steps to conceal Poole's body.
Dunn was arraigned in Genesee County Court on the indictment and ordered held on $100,000 bail. He is schedule to appear in court again on Nov. 7.
The investigation began on March 19, when the body of the 59-year-old Poole, an Olcott resident, was located during a search for a missing person from Niagara County.
Kathryn A. Henry, 33, from Lockport, was arrested on April 19 and charged with murder in the second degree. She was accused at the time of conspiring with Dunn to kill Poole and hide his body. Correction: Henry entered guilty pleas on Aug. 22 to charges of hindering prosecution, a Class D felony, and concealment of a human corpse, a Class E felony. She is no longer facing a murder charge as previously reported.
On June 27, the Sheriff's Office arrested Norman S. DuBois, 45, of Lockport, and charged him with hindering prosecution among other charges for his alleged part on conspiring to hide Poole's body.
Oakfield-Alabama/Elba beat Alexander in Girls Soccer on Thursday, 5-0.
Scoring:
The Northern Lights were visible over Genesee County on Thursday night. Alexander resident Joe Laney shared these photos he took.
Stanley T. Hooker, 32, of Batavia, is charged with menacing 2nd, criminal possession of a weapon 3rd, and harassment 2nd. Hooker is accused of threatening another person on Sept. 27 with a knife during a fight on Spencer Court. He was arraigned and released.
Lakara D. Johnson, 34, of Dellinger Avenue, Batavia, is charged with petit larceny. Johnson is accused of shoplifting at Walmart at 2:57 p.m. on Oct. 8. Johnson was processed at the Genesee County Jail and released on an appearance ticket.
Ajia R. Hasenauer, 31, of Rochester, was arrested on Sept. 30 on two warrants. The first warrant stems from an incident where Hasenauer allegedly took another person’s vehicle without permission. She was charged with Unauthorized Use of a Motor Vehicle 3rd. The second warrant was issued after Hasenauer failed to appear in court, after being issued a misdemeanor traffic ticket. She was arraigned and released.
Peter M. Costantino, 63, of Batavia, is charged with assault 3rd and endangering the welfare of a child. Costantino is accused of fighting with a neighbor while two children were present on Sept. 28. He was arraigned and released.
Alicia M. Lyons, 44, Batavia, is charged with trespass. Lyons was allegedly on Kwik Fill property on Oct. 1, after previously being barred from the property. She was issued an appearance ticket.
Christopher L. Rebmann, 51, of Attica, was arrested on Sept. 25 on a warrant. The warrant was issued after Rebmann allegedly failed to appear in court on an appearance ticket for criminal possession of a controlled substance 7th. He was arraigned in City Court and released.
James Pontillo, owner of the former Odd Fellows Hall in Stafford, located at 6177 Main Road, in the middle of the hamlet, is under court order to produce architectural plans drawn up by an engineer for renovations of the building along with proof of the financial means to complete the project.
The court order, signed by Judge Diane Y. Devlin, Genesee County Supreme Court, is similar to multiple demands made by officials in the town of Stafford over the past decade.
The deadline for Pontillo to produced plans was Oct. 3, but the court appearance scheduled that day was canceled because one of the attorneys in the case couldn't appear. It's unknown if he met that deadline. He has until Oct. 17 to provide proof that he can afford to complete the project.
The Odd Fellows Hall was built in 1890. It is 5,978 square feet. Pontillo acquired it at auction for $40,000 from Terry Platt in December 2010.
Since then, Pontillo has seemingly struggled to remodel and restore the building. He's often pointed to the town of Stafford officials as obstructionists. Town officials have prodded him repeatedly over the past decade to submit remodeling plans in order to obtain building permits and to bring the building up to code. There have also been questions about his financial ability to complete any effort to bring the building up to code.
At times, Pontillo has also complained that the owners of a neighboring property also hinder his ability to complete exterior work requested by the town.
As early as December 2010, town officials noted Pontillo's lack of follow-through on presenting plans to the town, according to public records obtained by The Batavian through a Freedom of Information Law request filed with the town.
On at least four occasions, code enforcement officers have issued notices of code violations with orders to correct those violations. Pontillo's efforts to comply with those orders often seem to be incomplete.
There have been issues with the roof, the exterior covering of the building, electrical boxes, and fire protection measures.
In 2017, code enforcement officers determined the building had numerous deficiencies making the building "clearly unsafe,” that it was "neglected,” that it presented a "threat to life and safety,” and it was unfit for habitation.
That was until at least June 2017, when an inspector from Pathstone informed Pontillo that an apartment did not meet HUD quality standards and would not be eligible for Section 8 assistance if the deficiencies were not cured within 24 hours.
On Aug. 10, 2017, the building was posted with a "not to be occupied" placard.
On at least three occasions, Pontillo was informed by the town that he needed to submit renovation plans completed by a licensed engineer in order to receive a building permit.
At a town board meeting on Sept. 12, 2016, town officials complained that Pontillo was doing work in the building without obtaining the proper permits.
After obtaining the building, Pontillo seemed to have lofty plans for it. In 2016, he told The Batavian he was planning to completely restore the building and open a quality pizza restaurant. To that end, he had already installed large pizza ovens along with other kitchen equipment. He also had ambitious plans to remodel the upstairs apartments.
Those plans have seemed to go nowhere and the building has fallen further into disrepair.
In July, the town filed a lawsuit against Pontillo. The proposed order submitted by attorney David Roach, representing Stafford, was for Pontillo to provide proof he can afford to complete work in the building and provide documents on the scope of the project.
Devlin's order, filed on Sept. 5, is more specific.
By Oct. 3, Pontillo was ordered to "provide to Plaintiff the scope of the project (project objectives; project schedule; and project budget for construction work on the building located at 6177 E. Main Road, Stafford, New York) as prepared by Matthew Hume or another licensed architect or professional engineer."
By Oct. 17, Pontillo was ordered to "provide to Plaintiff documented proof that defendant has the financial resources (e.g line of credit statement; loan approval statement; financial account statement) to complete the scope of the project."
All parties are scheduled for their next court appearance on Oct. 17.
It's unclear what will happen if Pontillo doesn't comply with the court order.
In a memo to the Stafford town board on Aug. 17, then-town attorney Mark Boylan intimated that the town could be on the hook for a significant expense to either bring the building up to code or demolish it. Those costs might not be recovered at auction. Such an auction could only take place if Pontillo fell sufficiently behind in taxes for the county to foreclose on the property or if he deeded the property -- for free -- to the town. The cost of demolition could be significant if any environmental hazards were discovered on the property.
The following is a timeline of actions and events related to the former Odd Fellows Building, 6177 Main Road, Stafford. The information comes from documents obtained by The Batavian with a Freedom of Information Law request to the town of Stafford for documents related to the building. We also include links to our prior coverage.
June 25, 2009, The Bataivan, Stafford Trading Post may move to new building
Aug. 30, 2010, The Batavian, A bit of Stafford's history going up for auction, and that has some residents worried
Dec. 17, 2010, James Pontillo secures the deed to 6177 Main Road, Stafford, after winning the property at auction for $40,700
In the Dec. 10, 2010, Board minutes, Chairman William VanAlst informed the board that James Pontillo had not submitted a site plan review.
March 21, 2011, Board minutes, James Pontillo submitted an application for an area variance to erect an 8-foot high fence on the west and north borders of his property.
Oct. 29, 2011, The Batavian, Fences, and more, divide business neighbors in Stafford
Aug. 8, 2016, Board minutes, “Mr. Pontillo addressed the Board Members regarding his frustration about obtaining a building permit for his property.” There was a long discussion. “The most important requirement is that he submits a complete engineering drawing plan to the town code officer.”
April 11, 2011, ZBA board minutes, the board votes to deny Pontillo an area variance for an 8-foot high fence.
May 16, 2011, ZBA board minutes, Lester Mullin, code enforcement officer informs the board that Pontillo is planning to build a two-foot high flower box and put a six-foot fence on top of the flower box. The board tells Mullin that it is a code enforcement issue.
Sept. 30, 2012, The Batavian, Reward offered for illegal dumping of garbage bags in Stafford
Nov. 16, 2013, The Batavian, Owner of one of Stafford's historic buildings says neighbor preventing restoration work
Nov 26, 2013, The Batavian, Pontillo needs to show some respect, and insurance, if he wants permission to go on property, owner's son says
Jan. 12, 2015, James Pontillow issued an order to remedy notice. Items listed include, finish roof, repair/replace fire escape, complete permenant outside surface, attach electrical meters, clean up construction debris, ensure electrical is safe, provide town an electrical inspection.
Aug. 18, 2015, The Batavian, Stafford: The fence that divides a community
Sept. 15, 2015, The Batavian, Stafford ZBA to meet tonight on Pontillo fence isssue
Sept. 16, 2015, The Batavian, The Sunlight Dialogues: Stafford ZBA denies variance for too-high fence
Nov. 20, 2015, order signed by Judge Mark J. Grisanti, Genesee County Supreme Court, reversing the Zoning Board of Appeals denial of a zoning variance for Pontillo’s 8-foot tall fence.
Nov 20, 2015, The Batavian, Stafford ZBA's denial of fence variance reversed on appeal
Feb. 7, 2016, letter from Gene Sinclair, code enforcement officer, to James Pontillo. Sinclair expresses concern that the apartments in the building are occupied: “If in fact this is true and the building is in the same condition that this office was allowed entry to previously, this would be in violation of fire and life safety codes.” Sinclair
March 22, 2016, notice and order to remedy to James Pontillo, asserting that there has been construction and alterations without permits.
April 21, 2016, Stafford Town Judge Robert A . Penepent signed a search warrant authorizing Gene Sinclair and Lester Mullen to inspect the property, including the interior.
May 17, 2016, The Batavian, Town of Stafford brings in engineer to inspect restoration of Odd Fellows Building
June 24, 2016, letter from Richard B. Henry, with Clark Patterson Lee, a consulting firm, to Lester Mullen, code enforcement officer. The letter advises the town to pursue evacuation of the building due to the threat to the safety of the occupants. CPL had previously inspected the building, which “revealed new electric, plumbing, gas-fired furnaces, and questionable fire separations.” Pontillo’s failure to provide an engineering report and obtain a building permit “puts the tenants at risk since it is unknown whether the new systems are installed property.” The letter notes Pontilllo appeared to be continuing work on the building despite a “stop work” order. “Due to the seriousness of this exposure, we strongly recommend that this matter be turned over to your attorney for immediate action. Mr. Pontillo should provide a set of plans and specifications which address fire separation, egress, accessibility, interior finishes of the B and A2 occupancies, and the exterior finishes. He will also need to supply an electrical inspection certificate.”
Sept. 12, 2016, board minutes, Mr. Pontillo is accused of doing building/renovation work on his building without obtaining building permits. He has not, as requested at the Aug. 8 meeting, submitted engineering drawings. The board voted to refer the matter to the Genesee County Supreme Court to seek eviction of the tenants in the building and bar occupancy until a certificate of occupancy is obtained.
Nov. 7, 2016, letter from James Pontillo to James Clement, town supervisor. Pontillo claims that a court ruling a fine against him was to be terminated. The Sheriff’s Office withdrew $3,000 from his bank account. He states he’s made six Freedom of Information Law requests for documents and all have been denied. He states he continues to work on the building. “I continue to keep the property safe for my tenants,” Pontillo wrote. “Remember, no one on any of the inspections found any unsafe concerns that warrant evacuation of the property.”
Nov. 11, 2016, email from Kevin Earl, town attorney, to Robert Clement, town supervisor. Earl provides a timeline of events related to the fine against James Pontillo. He states a criminal action was initiated against Pontillo and Pontillo was found guilty and ordered to pay a fine of $2,500. Pontillo never appealed that conviction. In a separate action, Judge Mark J. Grisanti, Genesee County Supreme Court, overturned the ZBA determination about the fence. Earl said that Pontillo’s statement that Grisanti never ruled that the fine in the criminal case was terminated.
Jan. 4, 2017, Mark Boylan, recently appointed town attorney, taking over the case against James Pontillo, notes in an email to the town supervisor that Pontillo’s attorney, Peter Sorgi, raised an issue that there was no summons and complaint was filed on the new case against Pontillo. Boylan agreed and said that if there were a court appearance on the case, Sorgi would make a motion for dismissal and likely be successful. He suggests a meeting to resolve the issues pending with code compliance.
Feb. 6, 2017, an email from Town Attorney Mark Boylan to Peter Sorgi, attorney for James Pontillo, providing a summary of a Feb. 2 meeting. The goal of the meeting was to bring the building into compliance with building codes. “It was agreed that within the next 30 days, the attorneys will confer and agree on an independent structural engineer to inspect the building and create a ‘punch list’ of repairs/renovations/modifications that will be required to bring the building into compliance.” Pontillo agreed to retain a licensed engineer to draw up and stamp engineering plans to complete the punch list items. Once approved, he would receive the necessary building permits. He will have 12 months to bring the building up to compliance.
Feb. 28, 2017, an email from Mark Boylan, town attorney, and Peter Sorgi, Pontillo’s attorney, reminded Sorgi of the prior agreement and noted that there has been no progress on the agreement. “Despite their reluctance, my clients remain receptive to resolving this outside the courtroom, though I am constantly reminded by them they have been down this same road many times before and that judicial intervention may be the only way complete your client to comply with state law.”
March 30, 2017, email from Peter Sorgi to James Pontillo informing Pontillo that the town has dropped its lawsuit but the town will re-file if he doesn’t schedule an inspection soon.
May 17, 2017, email from Mark Boylan, town attorney, was sent to the code enforcement office, town supervisor, and town clerk. “Predictably, Mr Pontillo has failed to apply for building permits. He has also failed to submit any type of engineered drawing for the building.”
June 12, 2017, letter from Diane Matla, housing quality standards inspector for PathStone, to James Pontillo, providing Pontillo with a deficiency notice and that repairs must be made within 24 hours for a named tenant. “Section 8 apartments must meet HUD’s Housing Quality standards at all times. If the repairs are not made within 60 days, housing assistance payments will be stopped, and the tenant will be asked to move. There is only a 24-hour notice for landlords to correct deficiencies related to safety and heat.
June 16, 2017, order and notice of violation to James Pontillo to correct code deficiencies, including “building is clearly unsafe,” “building is neglected,” “building presents a threat to life and safety,” the building is unfit for habitation, and the building lacks sufficient fire resistance.
On July 17, 2017, James Pontillo applied for a building permit to replace the building's roof with a metal roof.
Aug. 10, 2017, the first "not to be occupied notice" was posted on the building.
Aug. 14, 2017, Board minutes, there are ongoing violations at 6177 Main Road. An unsafe building notice was posted. A letter from the town attorney to James Pontillo outlining the building’s alleged deficiencies has been drafted. The email discusses the cost of demolition. The county will “temporarily” reimburse the town for expenses. If the property is sold at a tax lien auction, the town won't need to pay back those costs if the amount covers the cost of taxes in arrears plus expenses. But if the auction price is less than the taxes owed, the town would need to repay the cost of demolition. During a legal proceeding with the county, Pontillo was required to submit tax returns, which indicated he had “only $18,000 in income.” Boylan states, “It appears Mr. Pontillo may not have the money to defend himself in a lawsuit nor will he have any money to bring his building into compliance.” Boylan tells the town not to expect to recover costs if it does anything to remediate the code issues. The longshot solution is to convince Pontillo to deed the property to the town, then the town could demolish or make improvements in the hopes of selling the property at a price sufficient to cover the costs. He said he had no idea what the costs would be and if environmental remediation might be required if the town were to remove the building.
Aug. 28, 2017, letter from James Pontillo to Gene Sinclair, responding to a violation notice received Aug. 17. The letter references a prior violation notice and a meeting between the two. He thanked Sinclair for informing him of the garbage dumping complaints. He lists seven tasks he is undertaking, from removing back steps, detaching the back deck, removing doors to the back entrance of the basement and replacing them with block, replacing the story staircase landing, blocking front steps with railing, completing the back of building wrap as well as the east side. He also mentioned getting help with resolving an access issue with the neighboring property owner. Further, he said on July 14, he stopped in to see Sinclair, and Sinclair said he would stop by the following week for an inspection, but Pontillo said he never got any followup information. He said he was surprised that the building was placarded “not to be occupied” on Aug. 10. He says Sinclair did not make the proper notifications.
Oct. 10, 2017, letter from James Pontillo to Gene Sinclair. Pontillo questions whether Sinclair has made a real inspection and what are his real concerns. He states hell ocntinue to work on the building “despite your barrage of complaints.”
June 7, 2018, an order was issued to James Pontillo to correct code violations, including a non-weather-proof roof, a removed fire escape, a non-weather-proof coating on the building, unsecured building coverings, and no ice/snow breakers on the roof.
July 11, 2018, letter from Gene Sinclair, code enforcement officer, to James Pontillo, noting that various projects to remediate code issues at the building “have been going on for at least five years,” adding that “the building has become an eyesore in the middle of the hamlet.” He asks Pontillo to respond soon in writing with his intentions and time frame for completing the projects.
July 16, 2018, letter from Gene Sinclair, code enforcement, to James Pontillo. The permit for the roof replacement has expired, the roof hasn’t been completed and Pontillo must apply for a new permit.
Jan. 4, 2019, letter from code enforcement officers Gene Sinclair and Gerry Wood proposing a meeting to review areas of concern with code compliance.
April 29, 2019, an order to remedy was issued to James Pontillo, giving him 30 days, citing the condition of the roof, no demonstration of a working fire alarm system, no fire separation, and open lath on walls, concluding the building is unsafe, neglected, and presents a threat to life and safety.
May 9, 2018, an “Order and Notice of Violation” was sent to James Pontillo for the non-weather-proof roof, non-weather-proof coating on the building, removed fire escape, unsecured building coverings, no ice/snow breakers on the roof, and no security meters attached to the building.
Aug. 15, 2019, Gene Sinclair, code enforcement, filed a complaint against James Pontillo, stating that Pontillo has refused to comply with a 30-day demand to remediate violations on the property.
Aug 15, 2019: James Pontillo was issued an appearance ticket for alleged failure to remediate code violations. He was ordered to appear in Stafford Town Court on October 1.
Jan. 8, 2020, Email from Town Attorney Mark Boylan confirming a conversation with Peter Sorgi, the attorney for James Pontillo, that Pontillo will provide a plan to remedy violations on the property before the February court appearance, that he will then provide architectural/engineered drawings, a formal plan for the Landmark Society or other historic preservation entity to finance the project within 60 days, and that the plans will be submitted to the Stafford Planning Board for approval.
Jan. 9, 2020, email from Mark Boylan to Stafford Code Enforcement about his conversation with Peter Sorgi. He said Sorgi “recognizes he has almost no defenses to the complaints.”
Nov. 9, 2020, notice of unpaid taxes and the potential for foreclosure.
Aug. 10, 2021, letter from James Pontillo to Gerry Wood, code enforcement officer, asking that the town provide a reason as to why the building is “considered to be dangerous and unsafe.” He promised to address “overgrowth” and that the building inside and out will be cleared of debris.
June 12, 2023, Board minutes. James Pontillo complains that he has wrapped the building three or four times and he claims that the wrapping has been torn down and that sections of the fence has been removed or damaged. He had other complaints but stated he wants to cooperate and get things done and resolved amiably.
July 19, 2023, a Stafford business owner filed a complaint about bird feces. He complained that the condition of the building allowed “1000s” of birds to live inside. “The amount of feces is unbelievable. It is a health hazard … the building has been in disrepair for ten years. Please have the building repaired or demolished.”
July 1, 2024, The Batavian, Stafford condemns former Odd Fellows building, volunteers pitch in with clean up effort
Marlarie Joanne Smart, 37, of Pembroke, and Melani Lynn Maloney, 43, of Pembroke, are both charged with petit larceny and conspiracy 6th. Smart and Maloney, sisters, are accused of working together to steal $112.90 in merchandise from Walmart by "skip scanning" while checking out. Both were issued appearance tickets.
Joni Marie Johnson, 49, of Millicent Avenue, Buffalo, is charged with resisting arrest and petit larceny. Johnson is accused of stealing merchandise from Dick's Sporting Goods at 6:20 p.m. on Oct. 4. She was held pending arraignment.
Timothy Dennis Clark, 54, of Charwood Circle, Rochester, is charged with petit larceny and conspiracy 6th. Clark is accused of working with another person to steal merchandise from Dollar General on Townline Road, Byron at 9:26 p.m. on Sept. 30. Also charged, Ryan Michael Bobzin, 35, of West Bergen Road, Bergen.
Oliver Thomas, 33, of Elba, is charged with DWI, driving on a restricted license, following too close, and consumption of alcohol in motor vehicle. Thomas was stopped at 12:01 a.m. on Oct. 2 on Route 63 in Batavia by Deputy Jeremiah Gechell.
Edward Micahel Gorski, 42, of Genesee Street, Pembroke, is charged with criminal contempt 2nd. Gorski is accused of violating a stay-away order by going to the protected party's residence in Pembroke at 6:21 p.m. on Oct. 3.
John Robert Kormos, 55, of Parma, Ohio, is charged with DWI, drinking alcohol in a motor vehicle, and moving from lane unsafely. Kormos was stopped at 9:24 p.m. on Oct. 5 on Oak Orchard Road, Elba, by Deputy Zachary Hoy.
Morris Marquis Taylor, 34, West Barre Road, Albion, is charged with felony DWI, speeding, and drinking alcohol or using cannabis in a motor vehicle. Taylor was topped at 2:34 a.m. on Oct. 6 on West Main Street, Batavia, by Deputy Jacob Kipler. He was held pending arraignment.
On Saturday, the Business Improvement District hosted its annual Fall Wine Walk in Downtown Batavia.
Photos by Howard Owens.
Le Roy-based American Warrior, a non-profit that serves veterans and helps guide high school students into military careers, produced a video to promote the veteran's umpire training program run by Wounded Warriors in Carlisle, Pa.
Dan Clor, president of American Warrior, said the program prepares veterans to to become umbires in youth baseball programs as well as in high school and college baseball games. A board member of Wounded Warrior is part of the American Warrior team, Clor said.
The program, Clor said, provides veterans with a renewed sense of purpose.
"All Wounded Veterans who could use something to believe in can apply (to the program)," Clor said. " It's all expenses paid, including travel and equipment. We're also seeking individuals who would like to donate to the cause.
"Wounded Warrior Umpire Academy is much more than an Umpiring Camp. It's a way for Veterans to heal, grow and inspire. With a renewed sense of purpose, WWUA Veterans thrive in their communities through the love of baseball and an overall sense of belonging."
A 44-year-old man from Batavia was ejected from his pickup truck while still belted in his seat as the result of a collision on Friday in the Town of Le Roy.
Gregory Baker was transported by Mercy Flight to Strong Memorial Hospital with non-life-threatening injuries.
The accident was reported at 7:32 a.m. on Friday at Griswold Road and West Bergen Road.
According to a preliminary investigation by the Sheriff's Office, Baker was driving a 2004 Chevrolet Silverado 2500 eastbound on Griswold when he apparently failed to stop for a stop sight. The truck collided with a 2005 Kenworth tractor-trailer driven by Richard McCullough, 29, of Le Roy.
Neither McCullough nor the child in the semi-trailer was injured in the accident.
The accident is still under investigation.
Assisting the Sheriff's Office at the scene were State Police, Le Roy PD, Le Roy Fire, Mercy EMS, and Le Roy Ambulance Service.
Scott F. Doll, convicted in 2010 of murdering his friend Joseph Benaquist on Feb. 16, 2009, in the driveway of Benaquist's home, is insufficiently rehabilitated to be released from prison, the state's Parole Board determined over the summer.
The parole hearing was in June. The Batavian received a transcript this week in response to a Freedom of Information Law request.
"This panel was disturbed when you stated that you knew Joseph Benaquist for many years and did not express any remorse for the loss of his life or the pain and suffering his family has sustained," the determination statement reads.
The panel encourages Doll to continue his rehabilitation efforts so that "you can understand the harm you caused and develop empathy for your victim's family."
After conviction in a jury trial in 2010, Doll was sentenced by Judge Robert C. Noonan to 15 years to life in prison.
Doll has consistently maintained that he did not kill Benquist and maintained his posture of innocence during the hearing.
According to Doll's version of events, he was supposed to meet Benquist at a car auction earlier in the evening of Feb. 16, 2009, and when his friend didn't show, he later went to his house.
"He was laying in a pool of blood," Doll told the panel. "I knelt by him, and I was with him when he took his last breath. I didn't know what to do, and I know I didn't act right because I thought maybe somebody that was close to me was involved in it I lawyered up, and they basically took it from there and convicted me by manipulating the system basically."
Later in the hearing, he said he suspected at the time that his son could have killed Benquist because the two men never got along. He said his son was cleared because he had gone to The Home Depot that evening, and security camera footage from the store confirmed his alibis.
"I just couldn't think of anybody else who would have done it," Doll said in explaining why he suspected his son.
Doll said he didn't render aid to his friend. He didn't attempt CPR and he didn't call authorities for assistance.
Instead of rendering assistance, Doll walked away from the scene.
"I didn't have a destination in mind that I could thin of at the time," Doll told the board. "I was just walking, just trying to get my head around everything that just transpired."
Shortly before 9 p.m. on Feb. 16, 2009, Doll was found by Deputy James Diehl walking on North Lake Road, Pembroke. Doll had what appeared to be blood on his clothing. Later, blood was also found on a vehicle he had been driving. At trial, a blood spatter expert testified the pattern of blood on Doll's clothing and face was consistent with a physical altercation.
The parol board said that Doll's actions that night were an "aggravting factor" in their findings.
Doll was a corrections officer at the time, trained in CPR and how to respond in crisis situations.
"You watched your victim die without attempting to render him any medical assistance," the board states in its ruling. "You stated that you left and just started walking and, in doing so, you thought of yourself and acted in our own self-interest at the expense of your victim's humanity."
The board did commend Doll on his behavior in prison. He has assisted other inmates in earning General Equivalent Deplomas and completed a horticulture training program, which included growing produce for a food pantry program near the Hudson Correctional Facility. He is also a facilitator in the prison's protestant community.
Doll said he's been a member of his church in Corfu for 50 years. He said he hoped the board would see him as a good person.
"My whole life, I've tried to be a good man, and for me to be accused of this, it still -- it's a deep scar with me, deep scar," Doll said. "Every day I walk around, I have officers who look at me like, you know, look at him, and just treat me like dirt sometimes. I always tried to be fair to everybody. I've always lent a helping hand, even in here. I've helped people. I've paid mortgages for people that I've never even met. I just want to help people, and that's just my nature, and that's the way I've lived my life. Whether it was in the fire department, whether it was through the church or the community, I've always stepped up and volunteered for everything."
When asked how he felt about losing a friend, Doll responded, "I've been through a lot of emotions. I feel crushed because of the fact that I am sitting here and that I have not been cleared of this, and that I been accused of killing my friend. I'm devastated. Again, I find it hard to believe in a system that can let somebody manipulate it, you know, like it was done, and that's -- you know, the changing reports was only part of it."
Regarding "changing reports," earlier in the interview, Doll accused former District Attorney Lawrence Friedman of telling deputies to remove statements Doll made from their reports.
Pressed by a member of the board to express remorse, Doll said, "I do, I do feel remorse, and I do feel sorry because, again, there is things that I should have done, and I'm not blameless, and this is as far as I should have done -- I should have come forward and said this is what I think happened, but I didn't. I let them run with the investigation, and, you know, I guess I don't feel 100 percent blameless in this."
In conclusion, the board stated, "Your release at this time would trivialize the tragic loss of life you caused and would, therefore, deprecate the serious nature of this crime as to undermine respect for the law."
For prior coverage of Scott Doll, click here.
Oakfield-Alabama/Elba lost Kendall in Girls Soccer on Tuesday, 3-2.
Scoring for O-A:
Copyright © 2008-2022 The Batavian. All Rights Reserved. Privacy Policy | Terms of Service
