batavia

At about 3:40 p.m., dispatch received a report of two men in heavy coats supposedly weighted down with stolen merchandise were seen running for Kmart on Lewiston Road.

One man was quickly apprehended by Batavia Police in the Kmart parking lot.

The second man ran across Lewiston, past the Town of Batavia Fire Hall and onto Colonial Boulevard, where a citizen reportedly spotted him hiding in a back yard.

Sheriff's Deputies were then able to apprehend the suspect. 

More details as they become available.

The Batavia City Council continued to haggle over whether to sell Falleti Ice Arena at its Monday meeting.

At least four members are clearly in the "sell" camp -- Rose Mary Christian, Bill Cox, Bob Bialkowski and Sam Barone.

The others are more leary of surrendering an asset to a private entity that could do absolutely anything with it.

I don’t think anybody here is saying they want the ice arena to go away," Cox said. "Just because it's privatized doesn’t mean it we won’t have it anymore."

To which Frank Ferrando pointed out that once it's sold, the city won't have any say what a private owner might do with it.

Cox's position was that a private company already runs it without city control, and Ferrando countered that as long as the city owns it, a management company can always be replaced if it isn't getting the job done the way the city wants it done.

And so it goes -- the pros and cons of selling Falleti Ice Arena.

In the end, the council decided to continue the discussion at a future conference meeting.

At issue on Monday was whether to spend up to $5,000 on an appraisal, which City Manager Jason Molino said would be the first step toward finding a buyer.

Barone wondered why the price was so high and asked whether the city's own appraiser or a local real estate agent could provide an appraisal.

Molino explained that only a licensed appraiser with experience in commercial property could provide an appraisal that could legally be used in establishing fair-market value.

Ferrando and Councilman Tim Buckley objected to spending money on an appraisal.

"I’d like to know what it’s worth, but I’m not sure I want to spend $5,000 right now," said Ferrando. "We keep dipping into the reserve fund and pretty soon we’re not going to have a reserve."

Buckley said he isn't even sure it's legal for the city to sell Falleti since a federal grant, secured by the late Rep. Barber Conable, paid for its construction. 

Buckley wanted to table the matter, but Bialkowski objected to any further delays since the current management contract is coming up for renewal.

One city resident spoke during public comments about the proposed sale.

"I would ask those council members who feel that (the city shouldn't be in the ice arena business) -- should we be in the parks business, or the water spray park business, or the baseball stadium business? " asked Dave Meyer (pictured).

"Frankly, I personally believe that Dwyer Stadium is a much better example of public money wasted, but no one ever talks about reducing support for that facility or selling it. Why?

"Because whether I agree with public support for that or not, I know that there are many people who enjoy going to a game on a summer night and I also know that Dwyer Stadium, and the ice arena and Austin Park and Lions Park and all of the other parks are part of the recreational fabric of our city and they add to the quality of life here."

Consolidation of the town and the city took another incremental step forward Monday night as the Batavia City Council passed a resolution to form a committee to select a committee.

Three council members are being tasked with the job of finding residents to serve on the Consolidation Charter Task Force.

The task force will be asked to write a new charter for the proposed merged municipality.

Voters in both jurisdictions would then be asked in 2012 to vote for or against the charter.

Representing the city would be Marianne Clattenburg, Tim Buckley and Frank Ferrando.

The town will also appoint three representatives to review potential members of the charter task force.

The elected officials will not actually be involved in the charter task force.

Councilman Bob Bialkowski objected to taking this next step toward consolidation.

He said consolidation efforts in other communities have really turned into civil wars.

"It’s turning neighbor against neighbor, relative against relative," Bialkowski said. "It removes a lot of local control and it doesn’t solve the problem.

"I hate to see community torn apart," he added, "The majority of the people in the town are going to vote against it anyway."

Submitted by Eric Geitner:

The Notre Dame girls cross country team claimed the Class D title on Saturday at the Section V Cross Country Championships at GCC. The girls team last won in 2006 and it is the sixth title for the girls program (1997, 2001, 2002, 2003, 2006). Eighth grader Anna Warner led the Irish with a second place finish covering the course in 20:44. Her performance also qualified her to represent Section V at the New York State Cross Country Champioships in Pawling next weekend.

The top ten in each class receive sectional patches and ND had five finishers in that top ten. Freshman Bailee Welker placed 5th in 21:23, Junior Meghan Zickl 7th in 21:36, Eighth Grader Rosemary Flumerfeldt 8th in 21:51, and Senior Kristen Antolos was 9th in 22:14. Also racing for ND was Sophomore Madison Gluck finishing 18th in 24:03 and Eighth Grader Janelle Fancher placing 34th in 25:54.

The boys team was moved up to Class C this year due to winning too many titles in Class D and finished fifth in Class C. Sophomore Jeffrey Antolos paced the Irish placing 5th in 17:18. His performance qualified him for the New York State Cross Country Championships next weekend. Junior Andrew Fischer finished 18th in 18:11, followed by Sophomore Arron Carlson 24th in 18:24. Senior Nick Flumerfeldt finished 30th in 18:46 and Junior Luke Calla 39th in 19:01 to round out the scoring for ND. Junior Matt Sausner placed 51st in 19:30 and Senior Tyler Pingrey 58th in 19:50 were the other racers for the Irish.

Photos submitted by Bare Antolos.

Top photo: 8th grader Anna Warner, 8th grader Janelle Fancher, 10th grader Madison Gluck, 8th grader Rosemary Flumerfeldt, 9th grader Bailee Welker, 12th grader Kristen Antolos, 11th grader Meghan Zickl

Inset: Notre Dame 8th grade XC runner Anna Warner finishes her Section V Class D 2nd place finish to earn a spot in the state championships next weekend in Pawling, NY

In his first season running Cross-Country, Notre Dame sophomore Jeffrey Antolos completes his state qualifying run in a personal best 17:17:46 to earn a trip to the state cross-country championships to be held next Saturday in Pawling, NY.

Ronald A. Smith, 18, of 3189 Broadway Road, Alexander, is charged with criminal contempt, 2nd, and unlawful possession of marijuana. Smith is accused of violating a court order protecting a female acquaintance. During the investigation he was allegedly found in possession of marijuana. Smith was jailed on $1,000 bail.

Latoya Y. Stanley, 101 State St., Batavia, is charged with criminal trespass and criminal mischief, 4th. Stanley is accused of going to the apartment of another person and damaging the doorway.

Randy L. Sanfratello, 41, of 4016 W. Main St. Road, Batavia, is charged with harassment, 2nd. Sanfratello is accused of trying to fight another man at East Town Plaza on Oct. 20. He was arrested on a warrant out of Batavia City Court.

Nathan Lorel Smatana, 21, of Lincoln Place, Lockport, is charged with unlawful possession of marijuana. Smatana was arrested following the investigation into a motor-vehicle accident at 5:12 p.m., Friday on Route 77, Pembroke, by Deputy Joseph Graff.

Victoria Lynn Phillips, 49, of Molasses Hill Road, Bethany, is charged with DWI and driving with a BAC of .08 or greater. Phillips was arrested by Deputy Jason Saile following a 9-1-1 call out of the Town of Darien at 11:46 p.m., Friday.

Adam Scott Hamilton, 25, of Curwood Drive, Tonawanda, is charged with disorderly conduct. Hamilton was picked up on a bench warrant out of Town of Darien Court for failure to pay a fine. He paid the fine and was released.

Alejandro Cortes Ruiz, 28, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, inadequate headlights, unlicensed operation and consumption of alcohol in a motor vehicle. Ruiz was stopped at 11:54 p.m., Friday, on South Lyon Street, City of Batavia, by Deputy Jason Saile. Bail was set at $2,500.

A 17-year-old from Batavia is charged with unlawful possession of marijuana. The youth was nabbed when a K-9 allegedly alerted on his vehicle parked in a parking lot.

A 17-year-old from Basom is charged with unlawful possession of marijuana. The youth was nabbed when a K-9 allegedly alerted on his vehicle parked in a parking lot.

Randall William McKeown, 48, of Dellinger Avenue, is charged with a felony count of DWI, driving with a BAC .08 or greater, aggravated unlicense operation, 3rd, and moving from lane unsafely. McKeown was stopped on Route 5, Batavia, at 12:31 a.m., Sunday, by Deputy Joseph Graff.

Christopher Thomas Guillod, 23, of Olde Tavern Circle, Rochester, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings and inadequate exhaust. Guillod was stopped at 1:12 a.m., Sunday, on Oak Street, Batavia, by Deputy Jason Saile.

A mother who tried to smuggle oxycodone into her son being held in Genesee County Jail accepted a plea offer today that should keep her out of jail.

Kathleen Catino, 60, of Seven Springs Road, Batavia, entered a guilty plea to criminal possession of a controlled substance, 5th, with a promise of probation and no jail time if she stays out of trouble between now and her sentencing in January.

Catino was original charged with criminal sale of a controlled substance, criminal sale of a controlled substance, 3rd, possession of a controlled substance, 3rd, promoting prison contraband, 2nd, and possession of a controlled substance not in the original container.

Her son, 39-year-old Cain Catino, admitted two weeks ago to to attempted robbery, 3rd. Catino tried to steal oxycodone from the Oakfield Pharmacy on Sept. 20.

On Oct. 14, Kathleen Catino tried to give some oxycodone to Cain while visiting him in jail.

In Genesee County Court this morning, Catino said she was trying to help her son with his withdrawal symptoms.

An ambulance is being dispatched to 16 Walnut St., Batavia, following a report of a car hitting another car and then hitting a pedestrian.

Batavia Police are on scene.

It's unclear if the car is still at the location.

An East Main Street resident with a record of stealing from local businesses admitted in Genesee County Court this morning that in late October he broke into a shop on Harvester Avenue and stole and then forged two checks.

The three felony counts -- burglary and two counts of possessing a forged instrument -- will send Michael J. Piasta to state prison for at least two years and perhaps as many as seven.

Piasta admitted to breaking into the building and then trying to cash two checks made out to himself, each in the amount of $1,762, at two separate branches of a local bank.

He was unsuccessful in both attempts to cash the checks.

Because the burglary and the two check-cashing attempts constitute three separate crimes, Piasta could have been facing consecutive sentences, but in a plea bargain, District Attorney Lawrence Friedman agreed to a concurrent sentence on all three counts.

His sentence also won't be enhanced by his prior felony convictions for burglary, 3rd, in 2006 and attempted assault, 2nd, in 2002.

Piasta previously admitted to burglary and petit larceny charges in Batavia City Court related to his arrests for stealing from Pandora's Boxx and Wilson Farms.

He will be sentenced in city court on those charges Dec. 2.

Previously: Man with previous thievery charges accused of burglary on Harvester Avenue

A two-car, rear-end accident is reported at West Main Street and Lyon streets, Batavia.

There are no reported injuries, but a mother is requesting that EMS evaluate her child who was in an child safety seat.

Batavia police and fire and Mercy EMS responding.

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A man who lives 143 miles from Genesee County has been nabbed in connection with a series of timber thefts from local property owners.

Donnie Eugene Hendrickson, 49, of County Route 17, Bernhards Bay, is facing two charges of grand larceny and one for petit larceny for the alleged lefts in early 2010.

Bernhards Bay is northeast of Syracuse, on the north side of Oneida Lake.

Hendrickson is accused of stealing more than $21,000 in timber.

The first alleged theft occurred Jan. 9. Hendrickson allegedly removed $1,800 in timber from Stein Farms property. He's been charged with grand larceny, 4th, for that alleged crime.

In mid-February, $19,000 in timber was reported missing from Hy Hope Farms in Stafford. Hendrickson is being charged with grand larceny, 3rd.

The petit larceny charge stems from an alleged $450 theft of timber in February from Englereth Farms, Stafford.

The cases were investigated by Deputy John Duyssen.

A two-car accident with minor injuries is reported at Richmond Avenue and Oak Street, Batavia.

One car is blocking the flow of traffic.

Batavia PD, fire and Mercy EMS responding.

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Walter C. Blatt, 52, of 3768 W. Main St. Road, Batavia, is charged with harassment, 2nd. Police officers responded to a report of a disturbance at 9:53 p.m., Wednesday, at 319 E. Main St., Batavia. Blatt allegedly verbally and physically threatened officers.

Darren D. Jones, 45, of 168 Parkside, Syracuse, is charged with DWI. Jones was picked up in Syracuse on a warrant out of Batavia City Court for alleged failure to appear on a previous DWI charge. Jones was jailed on $5,000 bail.

Tiffany Monea Gaulden, 19, of Taft Avenue, Rochester, is charged with trespass and harassment, 2nd. Gaulden is accused of refusing to leave College Village after being told to do so. She allegedly struck a village security officer. The alleged incident occurred at 11:23 p.m., Thursday.

Lotoya Tamika Vialva, 19, of East 19th Street, Brooklyn, is charged with disorderly conduct, resisting arrest and unlawful possession of marijuana. Vialva was originally being taken into custody for allegedly yelling profanities in a public parking lot at College Village.  She then allegedly resisted arrest. The incident occurred at 11:40 p.m., Thursday.

Although tonight is the opening night for the Batavia Rotary's 62nd annual musical production, Director Patrick Burk is no stranger to this year's beloved selection.

"I was in 'Oliver' when I was very young, and I've directed it before," Burk says. "It's great for families and it's a classic story by Charles Dickens. A lot of people with young families will be able to connect to it, and that's the audience that we want to appeal to."

Burk, who lives in Batavia, is also accustomed to working with children, as he annually directs the GoArt! Summer Youth Theater productions, which have had as many as 80-plus children in their casts. However, this show is unique in its mix of young and old actors alike.

"Working with a combination of young kids and older adults is amazing," he says. "The way that the older people pick things up from the younger people, and vice versa, is very interesting to me."

One of the younger people is Jordan McNees, who has the title role of Oliver Twist. The 11-year-old from Brockport, who has previously appeared as Ralphie in Geva Theatre's production of "A Christmas Story," says that he has enjoyed working with the other kids.

"It's a lot of fun. They're all really nice, and they're all great influences on me," he says. "They give me tips and advice."

One thing that he needed no advice on was his British accent, which he picked up with little difficulty.

"I watched a lot of British movies, so it was actually pretty easy to get it," he says.

Burk says that vocal director Deanna Spiotta played a large role in helping the cast master their accents.

"Deanna is very good with accents and vocals," he says. "A lot of people ended up learning relatively quickly. The accents were especially important because the show has a lot of strong characters that call for strong vocalization."

Paul Spiotta, who has the role of Fagan, agrees that his daughter has done an impressive job.

"If I'm going to be completely honest, with all due respect to all the past vocal directors for Rotary shows I've been in, she's the best so far," he says. "She's really done a thorough job in preparing everyone."

The elder Spiotta says he has enjoyed getting into his villainous role.

"There are a couple of scenes where I have to be really mean, and I try to get better at those every night," he said.

The combination of young and old does not end on stage; there is a wide range of ages working behind the scenes as well. Jonathan Adams, who is around the age of many of the children in the show, is working as a stagehand while his brother and sister portray orphans.

"I basically help out and get props ready and make sure the actors aren't missing anything, and lift boxes and stuff," he explains. "I like helping so the actors won't have to do as much work, since they're already working a lot on stage. And so that Mr. Burk won't have to do as much."

No matter what age, everyone interviewed agrees that they are ready for opening night.

"I think it's going to be great," says McNees. "The cast has put a lot of blood, sweat and tears into the show, and there's so many fun and exciting parts. It'll make you laugh and cry."

Performances are tonight, Friday and Saturday at 7:30 p.m. and Sunday at 2 p.m. in the Batavia High School auditorium. Tickets are $16 and can be purchased in advance at www.bataviarotary.com or at the door.

The man who owns a silver Mustang involved in a one-car accident on the edge of the Oak Street roundabout last week says he wasn't driving the car at the time of the accident.

The driver fled the scene.

There were two witnesses of the driver running from the car, according to Officer Ed Mileham, but neither witness could positively identify the driver after looking at photo line ups.

"Right now, it's just an unauthorized use," Mileham said.

The owner of the car reported it stolen the morning after the accident.

The name of vehicle owner has not been released.

Justin Amend, the 29-year-old Farrall Park paramour of Suzanne Corona, will wait another week at least to find out if he's going to jail.

When Amend entered a guilty plea to public lewdness, it was on the condition that he wouldn't receive jail time, but City Court Judge Robert Balbick said there's now a problem with that plea arrangement.

The former Oakfield resident is now a Florida resident.

"By moving out of state, you've prevented me from placing you on probation," Balbick said.

The Probation Department recommended Amend be given a conditional discharge -- meaning if he stays out of trouble for six months, the public lewdness conviction would be dismissed.

Balbick said considering the offense to the community, that Amend engaged in sexual conduct in a place where parents and children could see the act, he just can't go along with a conditional discharge.

That leaves Amend two obvious options -- withdraw his plea and go to trial, or let Balbick sentence him with the probability he will be given jail time.

Defense Attorney Tom Williams asked for more time to either research a way to get Florida to accept Amend's probation, or see if there is space available with the Genesee County Jail for a weekend work detail sentence.

Assistant District Attorney Robert Zickl predicted that Florida is unlikely to accept a probation case on a misdemeanor charge.

"States feel that their probation departments are overworked as it is and they do not want to accept misdemeanor cases," Zickl said.

Amend moved to Florida, according to Williams, because he's embarrassed by his crime.

"He's humiliated to be seen walking around Genesee County," Williams said. "For him to walk into Tops and be seen is torture for him. It would be like for me to walk into Tops naked. That may seem over the top, but that's how he feels."

When given his turn to speak, Amend said, "I can guarantee you that you will never see me in court again because this has been a total embarrassment."

Williams described Amend as an upstanding citizen who has never been in trouble except for this case.

In fact, Williams said, Amend has been a key witness in criminal cases, including one where he turned in a sexual predator who was victimizing a younger person. That criminal is now in state prison. The man never would have been caught if Amend hadn't contacted the police, Williams said.

Trevor M. Rich, 29, of 8943 Creek Road, is charged with harassment, 2nd. Rich is accused of verbally threatening a woman at 1:38 p.m., Tuesday. He was jailed on $750 bail.

Markeda Daphne Starks, 19, South Lyon, Batavia, was arrested on a warrant out of Batavia Town Court related to a charge of trespass, 3rd.

Maxwell Raymond Pfendler, 18, of Lake Street Road, Pavilion, is charged with unlawful possession of marijuana. Pfendler was stopped on an alleged traffic violation at 10 p.m., Tuesday, by Deputy Joseph Graff.

Felicia Pfalzer parleyed two large pizza's into a 42-inch plasma TV this week.

The Darien resident was the lucky winner of a drawing offered by Main St. Pizza Company to celebrate National Pizza Month (October).

Above, Main St. owner Vic Marchese with Pfalzer after presenting the prize this afternoon.

We only recently received the October indictments from the Genesee County Grand Jury:

Charles J. Porreca is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 5th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th. On May 6, Porreca is accused of possessing marijuana while in a vehicle at 8123 Prole Road Extension. On the same date, he is accused of possessing psilocin and psilocybin contained in mushrooms with the intent to sell in a room at College Village. At the same address, he is accused of possessing more than two ounces of marijuana along with hydrocodone.

Robert Thigpen III, is charged with burglary, 1st, menacing, 2nd, and criminal mischief, 4th. Thigpen is accused of entering and remaining unlawfully in a dwelling at 111 State St., Apt. 3, Batavia, on Aug. 30, with intent to commit a crime. Allegedly, Thigpen used a knife to threaten another person. He is also accused of damaging a lock.

Amy L. Brown is charged with grand larceny, 3rd, and eight counts of offering a false instrument for filing, 1st. Brown is accused of stealing from the Department of Labor from Sept. 21 through Nov. 16, 2008. She is accused of filing false records with the Department of Labor.

Robert J. Van Pelt is charged with vehicular assault, 1st, DWI and aggravated DWI. Van Pelt is accused of driving a motor vehicle on May 2, Sandhill Road, Town of Alabama, and causing another person to be injured. His BAC was allegedly above .18.

Christopher J. Matusak is charged with DWI as a felony, aggravated DWI, three counts of criminal mischief, 3rd, and three counts of reckless endangerment, 2nd. Matusak is accused of driving drunk on May 31 with a BAC of .18 or greater, and in Town of Le Roy damaging the property of another person. The property is described as a 2007 Hyundai, a 1998 Lincoln and a 1996 Cadillac. He is accused of intentionally striking the Cadillac, which allegedly had three passengers at the time.

Shannon V. Albano is charged with a felony count of DWI and driving with a BAC of .08 or greater. Albano is accused of driving drunk on April 19 in the Town of Darien.

Autumn M. Connolly is charged with grand larceny third. Connolly is accused of stealing about $4,200 from a family member between March 27 and April 13.

Three of the level-2 sex offenders who were displaced by the Oct. 11 fire at 433 E. Main St., Batavia, have relocated, according to Det. Rich Schauf.

The offenders had 10 days to notify authorities of their new addresses.

Schuaf said that by law he can't disclose the new addresses of level-2 offenders. The website that originally listed the level-2 offenders should not have made the addresses publicly accessible.

The three level-2 sex offenders who have relocated are still within the 14020 zip code, Schauf said and appear to have settled in their new residences.

"The perception would be that these are places where they will permanently live," Schauf said.

There were four level-2 offenders living at 433. E. Main St. at the time of the fire. All are accounted for. One of the four died, but not as a result of the fire.

The four listed on the site were Dean Jaroszek, Jeremy Eaton, John Sissel and John Robinson.