Former Odd Fellow's Hall in Stafford File photo by Howard Owens.
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'?'
County property tax record photo of 6177 Main Road, Stafford, the former Odd Fellows Hall from 2009, which James Pontillo acquired at auction in 2010.
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.
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.
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.
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.
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.
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.
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.”
Photo taken this week of the former Odd Fellows Hall, 6177 Main Road, in Stafford. Photo by Howard Owens.
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.
James Pontillo, file photo from July. Photo by Howard Owens.
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.
Odd Fellows Hall in July, the day a group of volunteers joined James Pontillo and his wife in clearning up the property. Photo by Howard Owens.
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.
Photo taken this week of the former Odd Fellows Hall, 6177 Main Road, in Stafford. Photo by Howard Owens.
A 20-year-old Rochester man died on Saturday evening after a motorcycle he was driving collided head-on with a passenger vehicle on Route 33 in Stafford.
Michael J. Ciarpelli was pronounced dead at the scene by a Genesee County Coroner.
According to the Sherriff's Office, the preliminary investigation indicts that Ciarpelli was driving a 2007 black Yamaha motorcycle westbound on Route 33 when he attempted to pass two vehicles in front of him.
A 2024 white Ford Edge was turning left off Griswold Road and began traveling east on Route 33. As Ciarpelli attempted to pass both vehicles, he collided with the Edge head-on in the eastbound travel lane. Ciarpelli was ejected from the motorcycle, and his body came to rest on the north shoulder of Route 33.
The Edge was driven by Luanne E. Andrews, 76, of West Henrietta. Her passenger was Colleen L. O'Mara, 67, of West Henrietta. The Sheriff's Office provided no information about injuries if any to Andrews or O'Mara.
Sgt. Andrew Hale, Sgt. Richard Schildwaster, Investigator Kevin Forsyth, and deputies Joshua Brabon and Jacob Kipler are investigating the crash. The Byron and South Byron fire departments, Stafford Fire, and Mercy EMS assisted at the scene.
Christine R. Brien, 53, of West Main Street Road, Batavia, and Johnathan B. White, 32, of West Main Street Road, Batavia, are charged with false written statement. AT 4:11 p.m. on Aug. 23, Deputy Alexander Hadsall was dispatched to a report of a disturbance where a male had a firearm. When Hadsall arrived on scene, he was advised the male had left the scene on foot in an unknown direction. The male returned and was placed into custody. After further investigation, Hadsall determined both subjects had signed sworn statements that were not true. They were both arrested and processed at the Genesee County and released.
Chupco Harjo, 33, Council Hosue Road, Tonawanda Indian Reservation, is charged with assault 2nd and criminal mischief 3rd, and Rhonda Nancy Harjo, 68, of Council Hosue Road, Tonawanda Indian Reservation, is charged with assault 3rd and criminal mischief 3rd. The suspects are accused of assaulting another person at 5:50 a.m. on Aug. 22 at a location on Council House Road, causing physical injury and of damaging the victim's mobile phone. Both were jailed pending arraignment.
Willie Albert Sabb, Jr., 50, unknown address, Batavia, is charged with criminal possession of a controlled substance 7th, false personation, aggravated unlicensed operation 3rd, failure to stop at stop sign, speeding. Sabb was stopped at 4:54 p.m. on Aug. 24 on South Lake Road, Le Roy, by Deputy Nicholas Jennings. Sabb was allegedly found in possession of crack cocaine and drug paraphernalia. He was also wanted on a Family Court warrant. He was issued an appearance ticket.
Ashley Jordan Gallagher, 35, no permanent residence, Rochester, is charged with criminal possession of a controlled substance 7th and tampering with physical evidence. Gallagher was allegedly found in possession of crack cocaine during a traffic stop at 4:54 p.m. on Aug. 24 on South Lake Road, Le Roy, by Deputy Nicholas Jennings. She also allegedly had suspected drug contraband concealed on her person. She was issued an appearance ticket.
Cain Alexander Catino, 53, of Valley View Drive, Batavia, is charged with falsifying business records 1st. Catino is accused of signing a Pawn King bill of sale stating that he was the sole owner of property that was allegedly stolen. He was held pending arraignment.
Summer Rose Prentice, 31, of Drake Street, Oakfield, is charged with criminal mischief 4th. Prentice is accused of intentionally damaging the property of another person at a location on Drake Street, Oakfield, at 12:30 a.m. on Aug. 22. There is no release information available.
Jonathan Mathew Toledo, 32, of Victory Avenue, Hamburg, is charged with harassment 2nd. Toledo is accused of fighting at Darien Lake on Aug. 20 at 10:07 p.m. He was held for arraignment.
Jorden Elizabeth Prescott, 30, of no address listed, Batavia, is charged with criminal mischief 4th and harassment 2nd. Prescott is accused of kicking and punching a victim multiple times during a fight at a location on Oak Orchard Road, Elba, at 11:48 a.m. on Aug. 24. She is also accused of breaking the victim's property. She was held pending arraignment.
Aldrin Josue Solorzano, 23, of Clifton Avenue, Batavia, is charged with petit larceny. Solorzano is accused of stealing merchandise from Walmart at 9:52 p.m. on Aug. 23. Solorzano was processed at the Genesee County Jail and released. Also charged was Yanela Karen Molina, 23, of Clifton Avenue, Batavia.
Jennifer Jean McCarty, 52, of Macomber Road, Batavia, is charged with petit larceny. McCarty is accused of shoplifting at Walmart on Aug. 26 at 4:32 p.m. She was processed at the Genesee County Jail and released.
Brett Nelson Mogoffin, 49, of River Road, Pavilion, is charged with endangering the welfare of a child and criminal obstruction of breathing. Mogoffin was arrested on Aug. 29 in connection with an incident reported at 8:18 p.m. on Aug. 22 at a location on River Road, Pavilion. He was issued an appearance ticket.
Eric Nshimirimana, 28, of Churchlea Place, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Nshimirimana was topped at 2:41 a.m. on Aug. 30 on Clinton Street Road, Stafford, by Sgt. Mathew Clor. He was released on an appearance ticket.
Kathleen Melissa Pritchard, 45, Main Road, Stafford, is charged with criminal mischief 3rd and harassment 2nd. Pritchard is accused of breaking a TV by knocking it off its stand and hitting a person multiple times in the face during a disturbance on Main Road, Stafford at 10:55 a.m. on Aug. 29.
Holly Lynn Fearby, 34, of Edwards Street, Batavia, is charged with welfare fraud 3rd and offering a false instrument for filing. Fearby is accused of failing to list sales income enabling her to received $3,505 in SNAP benefits. She was arrested on Sept. 2 and held pending arraignment.
Charles William Piehl, 56, no address given, Cohocton, is charged with criminal possession of a controlled substance 7th, driving on a suspended registration, and driving without insurance. Piehl was stopped at 3:04 a.m. on Aug. 3 on Clinton Street Road, Bergen, by Deputy Soren Calderon. He was allegedly found in possession of drug paraphernalia with narcotics residue. He was released. Also charged with criminal possession of a controlled substance was Christina Maria Semmel, 21, no address given, Rochester.
Gustavo Segundo Diaz-Carvajal, 29, of Federal Drive, Batavia, is charged with assault 2nd. Diaz-Carvajal is accused of assaulting another detainee at the Buffalo Federal Detention Facility at 7:35 p.m. on June 23 with the intent to cause serious physical injury. He was arrested on Sept. 4.
Louis Steven Szabo, 24, of Hutchins Street, Batavia, and Brandon Marshall Weig, 36, of Vine Street, Batavia, are charged with petit larceny and conspiracy 6th. Szabo and Weig are accused of working together to shoplift from Walmart at 5:59 p.m. on Sept. 3. They were processed at the Genesee County Jail and released.
James Pontillo and his wife Laura came home from vacation on Friday and found a notice on the old Odd Fellow's Hall in Stafford with a "Do Not Occupy" notice on the doors.
The doors had also been broken open.
He called the Sheriff's Office, and the arrival of deputies drew the attention of Stafford residents.
It's Pontillo's understanding that the town determined the building was abandoned and, therefore, condemned. He said he received no prior notice of an issue.
On Friday, a small band of Stafford residents volunteered to clean up the outside of the historic building.
"I was just kind of overwhelmed that some of the residents came up to see what's going on because the sheriffs were here because we had a break-in," Pontillo said. "They stopped and had a little talk. Before I knew it, they had put together a little work detail to come out and help me with the outside."
Asked about the status of the building, Pontillo said, "That's a good question. Because they're stating that the building has been abandoned. So I'm not sure. I haven't gotten a call from the inspection department. I haven't gotten a call from anybody, nor have any letters, regular mail, or emails. They have that information. So it's kind of interesting that they would say it's abandoned without maybe contacting me first to get some insight on the paperwork; it says that it was inspected. But I don't know how it was inspected when they don't have access. But all the doors were broken open. I'm not saying that they did it. So it's kind of interesting."
On Sunday afternoon, The Batavian emailed a series of questions about the notice and what Pontillo said about it to Supervisor Robert Clement and The Batavian has yet to receive a response.
There are apartments on the second floor of the building, and Pontillo said it's been a "few years" since his tenants were "illegally" (his word) evicted by town inspectors.
Pontillo said the town keeps frustrating his attempts to restore the building. He said when he gets a building permit, such as for a new fence or new roof, just as the work nears completion, he gets a stop work order.
He said he has the financial ability to complete the project if the town "would let me continue work."
Pontillo purchased the property at auction in 2010 for $40,000. The assessed value is $44,000. Pontillo said if he could complete the project, the assessed value would increase, meaning more revenue for the town.
"Look at all the money that was spent on attorney fees," Pontillo said. "They haven't really put that out there. But let's say it's $30,000 or $50,000. Well, if you want to waste that kind of money, they could have put half of that towards a fundraiser or something to fix the building up or donate to the historical society or something else. I mean, it's very foolish not to look at the revenue lost by not having a restaurant downstairs or a hairstyling shop; that's what we were getting ready to put on the other side. And having tenants upstairs. That's a lot of revenue from people who would be spending their money here."
Austin Malek, 22, of North Street, Le Roy, is charged with strangulation 2nd, assault 3rd, unlawful imprisonment, and obstructing governmental administration 2nd. Malek is accused of assaulting a female victim at about 2 a.m. on May 2 at a location on North Street in the village of Le Roy. Le Roy patrol officers responded. According to police, the victim displayed visible injuries, and the police describe the incident as "violent." Malek was transported to the Genesee County Jail for processing. He was arraigned and ordered held on $20,000 bail, $40,000 bond, or $80,000 partially secured bond.
Brandon March
Brandon J. March, 39, of Batavia, is charged with strangulation 2nd, criminal contempt 1st, assault 3rd, unlawful imprisonment 2nd, menacing 2nd, criminal contempt 2nd and criminal mischief 4th. March is accused of violating a stay-away order of protection during an altercation On May 8 on South Lyon Street by strangling the victim, not allowing the victim to leave the residence, and striking the victim multiple times, causing an injury. March is also accused on the previous day of damaging a car wind belonging to the same victim. He was arraigned and jailed on $5,000 bail, $10,000 bond, or $25,000 partially secured bond. March was arrested on similar charges in January.
Shawn Sloan
Shawn M. Sloan, 39, of Batavia, is charged with burglary 2nd, criminal possession of a weapon 3rd, menacing 2nd, criminal mischief 4th, and harassment 2nd. Sloan is accused of breaking into a residence on Porter Avenue on April 24 while in possession of a pellet gun. He was arraigned and jailed.
Benito A. Gay, 36, of Batavia, is charged with robbery 2nd and menacing 2nd. Gay is accused of using force to steal money from another person on April 21 on Hutchins Street while giving the appearance of pointing a firearm. He was arraigned and jailed.
Benito Gay
Nathaniel R. Davis, 29, of Batavia, is charged with criminal possession of a weapon 3rd, menacing 2nd, criminal obstruction of breathing, and harassment 2nd. Davis is accused of holding a knife to the throat of another person during an incident on Porter Avenue on April 17. He also is accused of grabbing the person around the neck. He was arraigned in City Court and ordered held.
Adam T. Shipwash, 44, of Batavia, is charged with attempted robbery 2nd, criminal possession of a weapon 3rd, menacing 2nd, and criminal possession of a controlled substance 7th. Shipwash is accused of entering the Mobil gas station on East Main Street Batavia on April 15, brandishing a knife and demanding money from the clerk. Shipwash left the store after the clerk refused to give him any money. He was arraigned and released.
Nathaniel Davis
Sharon R. Boyer, 55, of Batavia, is charged with DWI. Boyer was arrested on April 20 after she reportedly nearly struck two police officers on foot patrol in a crosswalk at Hutchins Street and Sumner Street. Boyer allegedly failed to yield to the pedestrians, and the officers told her to stop her vehicle. After speaking with her, they placed her under arrest on a charge of DWI. She was issued an appearance ticket and turned over to State Police on a warrant.
Fawn Dockstader, 37, of Batavia, is charged with arranging the welfare of a child. Dockstader is accused of digging her nails into a child's arm, grabbing the child by the hair and punching the child in the fact on April 16. Dockstader was arraigned in City Court and released.
Nicholas L. Stone, 25, of East Pembroke, is charged with DWI, failure to yield to an emergency vehicle, criminal mischief and multiple traffic violations. On April 5, Batavia PD responded to a report of a fight involving several people at Copperhead Creek on West Main Street. As patrols arrived, a vehicle was observed leaving the area at a high rate of speed. The vehicle headed southbound on South Lyon Street and failed to negotiate a turn on South Main Street, driving off the road and through a yard, causing damage to the lawn. Stone was issued an appearance ticket.
Jason E. Carpenter, 45, of Batavia, is charged with criminal mischief 3rd. Carpenter is accused of damaging a toilet inside a residence on West Main Street, Batavia. After being issued an appearance ticket, he allegedly set the ticket aflame and threw an object through a window, leading to another appearance ticket.
Adam Shipwash
Johnathan M. Falk, 25, of Batavia, is charged with petit larceny. Falk is accused of stealing merchandise from Tops on April 7. He was issued an appearance ticket.
Jeanna M. Hattaway, 37, of Batavia, was arrested on a warrant on April 15. The warrant stems from a traffic stop in April 2023. She is accused of possessing a controlled substance during the traffic stop. She allegedly failed to appear in court on the charge. She was arraigned and released.
Lance D. Beals, 53, of Batavia, was arrested on two warrants on April 13. The first warrant stems from an incident on July 12 when Beals allegedly stole and damaged a cell phone from a residence on East Main Street. The second warrant stems from an incident on July 30 when Beals was accused of damaging property at the same residence. He was issued appearance tickets in both cases. He allegedly failed to appear in court as ordered. He was arraigned and released.
Shane R. Reisman, 54, of Batavia, is charged with petit larceny. Reisman is accused of stealing property from Tops. He was issued an appearance ticket.
Tiffany M. Macey, 32, of Batavia, was arrested on April 8 on a warrant. Macey was ordered to appear in court following a traffic stop on July 3. She allegedly failed to appear in court as ordered. She was arraigned and released.
Ann M. Capuano, 39, of Batavia, is charged with menacing 2nd, criminal mischief 4th, and endangering the welfare of a child. Capuano is accused of damaging a neighbor's door and threatening the neighbor with a hammer while in the presence of a child on April 11. She was issued an appearance ticket.
Michael R. Ostrander, 59, of Batavia, is charged with two counts of criminal contempt 2nd. Ostrander is accused of violating an order of protection on April 12 at the Genesee County Courthouse. When officers responded to his residence to arrest him, he was allegedly found with the protected party violating the court order, leading to the second criminal contempt charge. He was arraigned and ordered held.
Eric R Sawyer, 36, of Batavia, is charged with DWI. Sawyer was charged following a traffic stop by Batavia PD on Bogue Avenue. He was issued an appearance ticket and released.
Tanisha N. Gibson, 39, of Batavia, is charged with criminal contempt 2nd. Gibson is accused of violating an order of protection on April 8 by engaging in a verbal argument. She was arraigned and released.
John H. Bush, Jr., 40, of Batavia, was arrested on April 7 on three warrants. He is also charged with resisting arrest and escape 3rd. A Batavia patrol officer located Bush at the Mobil gas station on East Main Street. The officer began to take Bush into custody on the warrants. Bush then pulled away from the officer and attempted to run. Police were able to stop him and successfully take him into custody. He was arraigned and released.
Trevor N. Christman, 33, of Batavia, is was arrested on April 24 on a warrant. Christman was initially arrested on March 14 for allegedly exposing himself in public. He allegedly failed to appear in court as ordered. He was arraigned and released.
Ricky L. Miller, 42, and Ryan M. Arner (no age provided), both of Batavia, are charged with petit larceny. Miller and Arner are accused of stealing merchandise from Tops on April 23. They were issued appearance tickets. Miller was turned over to the Sheriff's Office on an open warrant.
Mark A. Remington, 50, of Batavia, is charged with petit larceny. Remington is accused of stealing merchandise from Qucklee's on Oak Street, Batavia. He was issued an appearance ticket.
Robert B. Elliott, 50, of Batavia, is charged with harassment 2nd and obstructing government administration 2nd. On April 19, police responded to a report of a disturbance inside a residence on Hutchins Street. Elliott is accused of pushing another person and then resisting officers' attempts to detain him. He was issued an appearance ticket.
Shamond R. Adams, 27, of Batavia, was cited on April 21 for a barking dog violation. Adams is accused of allowing his dog to bark continuously. He was issued an appearance ticket.
Shawn T. Rushok, 25, of Batavia, is charged with failure to register within 10 days as a sex offender. Rushok is accused of failing to register a Snapchat account as required as a registered sex offender. He was also charged with offering a false instrument for filing 1st for allegedly submitting false payment records to probation as proof of employment. He was issued an appearance ticket.
Miyear M. White, 22, of Buffalo, was arrested on April 26 on two warrants. In one warrant he is charged with criminal possession of stolen property 4th. In the other, he is charged with petit larceny. He is accused of stealing a credit card on Feb. 12 and using the card in a local store. He was arraigned and released.
Nicholas J. Wright, 31, of Pavilion, is charged with DWI. He was stopped on April 28 for allegedly speeding on Ellicott Street. Following the traffic stop, he was arrested and issued an appearance ticket.
Julie L. Williams, 29, of Batavia, is charged with harassment 2nd. Williams allegedly sent numerous text messages to another person for "no legitimate purpose." She was issued an appearance ticket.
Paul W. Zeches, 35, of Caledonia, is charged with failure to report a change of address as a sex offender. Zeches is reportedly a Level 2 sex offender and he allegedly failed to report a change of address. He was arraigned and released.
Thomas Predmore
Thomas L. Predmore, 71, of Batavia, is charged with grand larceny 4th and petit larceny. Predmore is accused of stealing a wallet from another customer at a business on East Main Street on May 7. He was issued an appearance ticket.
Justin M. Wotherspoon, 37, of Batavia, is charged with assault 3rd. Wortherspoon is accused of pushing another person and dragging her to the ground during a fight on Clifton Avenue, Batavia, on May 7. He was arraigned in City Court and released.
Jessica L. Maye, 30, of Riga, was arrested on May 5 on a warrant. Maye is accused of failure to appear on a misdemeanor traffic ticket thwas issued in February. She was arraigned and released.
Johnathan M. Falk, 25, of Batavia, was arrested on May 5 on a warrant. Falk was initially charged with petit larceny on April 23. He was accused of stealing merchandise from tops. He allegedly failed to appear in court as ordered. He was arraigned and released.
Perrion T. Swan, 33, of Rochester, was arrested on April 27 on a warrant. He allegedly failed to appear on a traffic ticket that was issued in August. He was arraigned and released.
Nathan W. Campbell, 43, of Batavia, was arrested on May 2 on a warrant. He was initially charged with trespass on March 28. He allegedly failed to appear in court as ordered. He was arraigned in City Court and released.
Ryan Christopher Cook, 46, of Federal Drive, Batavia, is charged with failure to report a change of address within 10 days as a registered sex offender and failure to verify address every 90 calendar days as a Level 3 registered sex offender. Cook was arrested April 23, arraigned and released.
David Andrew Zwolinski, 70, of Broadway Road, Darien, is charged with DWI and driving with a BAC of .08 or greater. Deputies were dispatched to Zwolinski's home at 10:50 p.m. on April 23 to investigate a reported motor vehicle accident. As a result of the investigation, Deputy Jacob Kipler arrested Zwolinski. He was processed at the Genesee County Jail and released.
Brian Meyers, 53, of Bethany Center Road, Bethany, is charged with harassment 2nd. Meyers is accused of pushing another person to the ground at 6:45 p.m. on April 22 at a location on Bethany Center Road, Bethany. Meyer was held pending arraignment.
Jackie M. Shade, 34, of Le Roy, was arrested on May 6 on a warrant. Shade was issued a misdemeanor traffic ticket in March. She allegedly failed to appear in court as ordered. She was arraigned and released.
Alexander James Young, 29, of East Main Street, Corfu, is charged with failure to stop at a stop sign; Young, along with David Michael Hawk, 39, of McKinley Avenue, Batavia, and Brandi Rose Hough, 29, of Bank Street, Elba, are each charged with criminal possession of a controlled substance 7th. Young, Hawk, and Hough were charged following a traffic stop by Deputy Jacob Kipler on East Main Street, Batavia, at 1:52 a.m. on April 25. All three were processed at the Genesee County Jail and released.
Fernando Campos, 28, of Flamingo Road, Sunrise, Fla., is charged with DWI, driving with a BAC of .08 or greater, speeding, and drinking alcohol in a motor vehicle. Campos was stopped at 12:50 a.m. on April 29 on South Lake Road, Bergen, by Sgt. Mathew Clor. Compos was released on an appearance ticket.
Matthew Joel Sanchez-Sanquiche, 27, of West Main Street, Batavia, is charged with criminal possession of a weapon, 3rd, and criminal contempt, 2nd. Sanchez-Sanquiche is accused of possessing a handgun without a valid permit, also in violation of an order of protection, at 3:09 p.m. on April 23 at a location on West Main Street, Batavia. Sanchez-Sanquiche was arraigned and released.
Jason A. Armstrong, no age or residence released, is charged with an undisclosed crime. Armstrong is accused of damaging the windshield of a vehicle and punching a person in the face during a fight on Route 5 in the town of Pembroke on April 20. Armstrong was arraigned and held without bail.
Megan June Courtney, 28, of West Main Street, Batavia, is charged with grand larceny 3rd, grand larceny 4th, and criminal possession of a forged instrument 2nd. On April 4, Courtney is accused of possessing a forged check and of stealing a credit card. She allegedly withdrew $7,284.5 from a victim's bank account without permission. Courtney was arrested on May 1 and held pending arraignment. Courtney was also arrested on May 7 and charged with endangering the welfare of a child. Courtney is accused of leaving a three-year-old child at home with no adult supervision at 6 p.m. on May 7. The child was found running outside near the residence by himself. Courtney was held pending arraignment.
Kenneth Dwright Robinson, 50, of Buell Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, unlicensed driver, and unsafe turn. At 2:17 a.m. on May 5, deputies were dispatched to Batavia Downs on Park Road, Batavia, for a motor vehicle accident. Robinson was charged following an investigation by Deputy Zachary Hoy. Robinson was released on an appearance ticket.
Joseph Jonathan Kuzma, 44, of Byron Holley Road, Byron, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation. Kuzma was allegedly found in possession of a controlled substance by Deputy Jonathan Dimming during a traffic stop at 8:01 p.m. on April 29 on Cockram Road, Byron. He was released on an appearance ticket.
Thomas Shameek Taylor, 37, of Munger Street, Bergen, is charged with criminal contempt 2nd. Taylor is accused of violating an order of protection at 11:55 a.m. on May 6 by communicating with the protected party. He was held pending arraignment.
Yannott Kishickatigqua Lone, 33, of Council House Road, Tonawanda Indian Reservation, is charged with burglary 2nd and criminal mischief 4th. Lone is accused of entering a building on Bloomingdale Road without permission at 4:55 p.m. on April 22 and, in the process, damaged a door. Lone was arrested on May 5, transported to the Genesee County Jail, and held pending arraignment.
Ronald Paul Dixon, Jr., 45, of East Avenue, Batavia, is charged with assault 2nd. At 11:41 p.m. on May 4, Deputy Jacob Kipler observed a vehicle parked on the shoulder of West Main Street Road, Batavia, and upon investigation, determined there was evidence of assault that had just taken place inside the vehicle. Dixon was arrested, transported to the Genesee County Jail for processing and held pending arraignment. Kipler was assisted in the investigation by Sgt. Mathew Clor.
Hector Martinez, Jr., 20, of Long Wood Drive, Rochester, is charged with criminal possession of stolen property 3rd. Martinez was allegedly found in possession of a stolen four-wheeler at 4:45 p.m. on May 2 at 8400 Buffalo Road, Bergen, by Investigator Chad Minuto and Investigator Howard Carlson. He was arraigned and released on his own recognizance.
Kathleen Melissa Pritchard, 45, of Main Road, Stafford, is charged with harassment 2nd. Pritchard allegedly had physical contact with another person during a fight reported at 6:17 p.m. on May 10. Pritchard was held pending arraignment.
Todd Jeffrey Hodgins, 37, of East Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Hodgins was stopped at 9:45 p.m. on May 10 on Broadway Road, Bethany, by Deputy Joshua Brabon. He was issued an appearance ticket.
For 2023, the Firefighter of the Year in the Stafford Volunteer Fire Department was a collective award, going to the Top 10 responders (11 members, counting a tie) for the year.
The Firefighters of the Year are Brian Breemes, Randal Henning, Tim Eckdahl, Chris Penkszyk, Mark Dougherty, Ashley Swartzenberg, Jason Smith, Ken Collins, Brian Pocock, Don Hall, and Ben Pocock.
The firematic officers installed for 2024 are:
Timothy Eckdahl, chief
Brian Pocock, 1st assistant chief
Brian Breemes, 2nd assistant chief
Kari Breemes, 3rd assistant chief
Jason Smith, 4th assistant chief
Randal Henning, rescue squad captain
Chad Rambach, rescue squad lietuenent
Donald Hall, fire police captain
Ben Fox, fire police lieutenant
Brian Pocock, master mechanic
Brian Breemes and Matt Hendershott, training officers
Julie Bobo and Ashley Swartzenberg, chief's secretary
The administrative officers:
James Call, president
Kari Breemes, vice president
Bonnie Logsdon, secretary
Stephanie Call, treasurer
Trustees: Stanley Gere, Jason Smith, Ashley Swartzenberg, Chad Rambach, Stephanie Call
Auditors: Ben Fox and Kenneth Collins.
The dinner was held on Saturday at the Batavia Country Club.
Newly elected as the Godfrey Pond Association’s President is Charles Mike Hammon, who brings with him over 13 year’s experience in various roles in and around the Pond.
Mike chose to retire from the Fire Service and was originally hired as the Pond’s caretaker in 2011 and served in that role for over 10 years. He became the Grounds Chairman in 2016 and served on the Board until his election this January.
Mike jokes that it took three tries to finally retire from the Pond’s caretaker position. He now serves as the caretaker for the Hammon-Mabie Family cottage located at 7889 Bigelow Drive on the Pond.
The Pond is a unique piece of God’s green earth that we have been chosen to protect and maintain. Why Godfrey’s Pond, you ask. Where else would you want your kids and grandkids to go?
We encourage you to visit our grounds and all that we have to offer you and your family by attending any of our Open House events scheduled for Sunday, May 26 and Sunday, June 16. We also have our Hunting & Fishing Days on the weekend of Sept. 21 and 22, 2024.
198 students from Genesee Community College were named to the President's List. Students honored on the President's List have maintained full-time enrollment and earned a quality point index of 3.75 (roughly equivalent to an A) or better.
Buy online at https://redosier.comor by phone, (585) 343-6972. or stop on in. We’re open from 11 a.m. to 5 p.m on December 18th! Finish your holiday shopping with a gift everyone will love, a gift certificate to The Red Osier Landmark Restaurant!
While finding no malfeasance or misuse of public funds, a NYS Comptroller's Audit is critical of the Board of Directors of the Stafford Volunteer Fire Department for its handling of financial planning.
The comptroller's key findings include inadequate revenue estimates for 2021, 2022, and 2023, a lack of realistic budgets, and no written multiyear financial or capital plan to help guide budget development.
The lack of proper revenue estimates meant the district had extra revenue that could have been better allocated to capital projects, particularly fire truck replacements, the report states.
In the three audit years, the board failed to include in its revenue estimates funds from farmland leasing, interest income, fire insurance tax proceeds, donations, and fire hall rental. In 2022, that amounted to $36,577 in revenue that wasn't included in financial planning.
"We compared the budget with actual expenses for 2021 and 2022. The operating budget was underestimated by $29,667 (10 percent) in 2021 and $33,298 (11 percent) in 202," the report states.
In response to the audit, Board President James Call said the district treasurer did share more than once the district's truck replacement plan, the comptroller's auditors determined the report was outdated.
The budget for 2023 also did not include a line item for buildings and ground maintenance, which in prior years exceeded $50,000.
"The Treasurer told us," the report states, "these were errors in the budget and that she corrected them after we brought the omissions to her attention. The Treasurer also provided us with a corrected copy of the 2023 budget. The corrected budget increased the amount budgeted for building and grounds maintenance to $40,000 and decreased the amount budgeted for insurance to $40,000, and further decreased the firematic budgeted amount by $20,000."
Auditors determined that board members were not adequately involved in the budgeting process and oversight of monthly expenses.
The auditors issued these recommendations, which Call, in his letter, said the board will implement.
Review and adopt structurally balanced budgets that contain realistic revenue and expense estimates.
Present the budget to the membership for a vote, as required by the bylaws.
Review the monthly financial reports provided by the treasurer and actively monitor the department’s spending.
Consider having Department officers attend applicable and beneficial training sessions to obtain a better understanding of their duties.
Develop a written multiyear financial and capital plan to establish long-term goals and objectives for funding and long-term capital needs. This plan should be monitored and updated on an ongoing basis, and any funds already set aside for capital assets should be designated as such by board action.
A fire truck lit up with Christmas lights in front of the Scofield Rolloff offices on Route 5 in Stafford. The truck appears to be retired apparatus. There are no department decals on it. Photo by Howard Owens.
