batavia

The three men -- including two former City firefighters -- who admitted to a bookmaking charge late last year will work weekends for the community through the Sheriff's Office the next four and a half months, serve three years on probation and pay a $1,000 fine each.

Because the county's work release program doesn't have any openings until March 30, City Court Judge Robert Balbick delayed formal sentencing until March 26.

Greg Phillips, Brian Bordinaro and Lance Engel each appeared in court with their attorneys.

Engel was the first called to the bench and his attorney Joseph LaTona argued that Engel should be given a conditional discharge, meaning no supervised punishment, though he would need to stay out of trouble for a period of time.

All three men entered guilty pleas Dec. 11 to a Class A misdemeanor charge of promoting gambling, 2nd. The maximum sentence available to Balbick on the conviction was up to a year in jail.

LaTona took note that while it's true that his client initially faced felony charges, District Attorney Lawrence Friedman, "a pretty tough guy," agreed to reduce the charge to a misdemeanor for a plea bargain.

"My client had to resign his job of 17 years at the New York state Veterans Hospital," LaTona told Balbick. "In terms of punishment already sustained by my client and his family, that is enough."

Adding later, "He did wrong. He knew he did wrong and he knew it was a crime."

Asked for a statement by Balbick, Engel said, "I take full responsibility for my actions and the embarrassment it caused to members of my family, coworkers and friends."

Friedman (inset photo) acknowledged that even though the charges had been reduced from felonies, including the Class B felony of enterprise corruption, the fact the charges were reduced was already a substantial break.

Friedman supported the Probation Department's recommendation for Engel, which was a period of probation.

"Assuming the defendant is a law-abiding citizen in coming years, then it's not a great hardship for him to be on probation and that's a pretty good disposition for the community in a way I don't feel that a conditional discharge is good for the community."

Balbick said he's thought long and hard about the case, and while he has no doubt Engel is a hard-working family man who made just one "horrible mistake," a sentence of probation wasn't enough.

"It would be a waste of money to put this man in jail, but I do think this man committed a crime and there needs to be accountability to the citizens of this community," Balbick said.

After Engel's appearance, Bordinaro and Phillips approached the bench in turn. Both were asked if they would accept the same sentence as Engel.

The alternative sentence, Balbick said, was 120 days intermittent jail time.

Both Bordinaro and Phillips accepted Balbick's terms. There was no discussion about the sentence during their appearance before Balbick.

Phillips appeared unhappy with Balbick's offer and his attorney, Larry Andolina (top photo), admitted to reporters outside the courthouse that Phillips was indeed displeased with what transpired in court.

"It was a little more than what I expected, but we'll come back to court on the 26th and we'll deal with it then," Andolina said.

Asked about allegations that Phillips and Bordinaro conducted their bookmaking operation while on duty at the City of Batavia Fire Station, Andolino said the allegation was "nonsense."

Asked why the case had been reduced from felony charges, Andolina said, “The investigation wasn’t handled appropriately.”

Asked if there was a conflict of interest, Andolina said, "yes."

Asked if he would elaborate, he said, "No."

"You have to ask Larry Friedman or the Sheriff?" Andolina said. "They have much more information."

Asked again later if he had evidence to support his allegation that the investigation was mishandled, Andolina said, "Steve Mullen retired, didn't he."

When told that wasn't exactly evidence, Andolina again referred the question to Freidman or Sheriff Gary Maha. 

"You're asking the wrong people," he said and added, "My client still has to get sentenced on the 26h."

Later, Friedman said he wouldn't discuss the matter.

Maha who is out of town, has yet to respond to an e-mail requesting comment.

While Engel expressed remorse in court, neither Phillips nor Bordinaro were given a chance to speak.

Asked if his client, Phillips, was remorseful, Andolina said, "Sure he's remorseful. He lost his job. He lost his pension. He’s got a family. This is not a real big community. He knows a lot of people in this community. This is not a happy time."

Andolina said Phillips has been training to become a barber and can't receive a state license unless Balbick signs a "release from disability," a legal document that would allow Phillips to be licensed for such an occupation.

Balbick said he'll take up that matter on March 26.

Asked to comment on Balbick's characterization that the three defendants committed an offense against the community, Friedman said, "Regardless of how you feel about gambling laws, two of the defendants were professional firefighters and were on the public payroll and the evidence is that they were running the gambling operation on duty at least at times. The other defendant was an employee of New York State Veterans nursing home, so I think in that respect it would be considered offenses against the community."

UPDATE: WIVB's George Richert lead this evening's newscast with a story about the sentencing and included information accusing Mullen of placing bets with the bookies. Richert offered no proof, either in the form of documents or sources, to substantiate the claim. (WIVB Web Story)

Downtown Batavia needs a theater, according to local businessman Ken Mistler, and when Dipson announced that its Batavia location needed to be sold or it would close, Mistler stepped in and bought it.

Now comes the hard work and expense of upgrading the two-screen movie house, and Mistler wants to know what moviegoers want from their local theater.

His number one question right now, he said, is what will bring people to Batavia Showtime?

Consultants for the City of Batavia reported last summer that some $31 million from Genesee County residents is spent annually in Buffalo and Rochester for entertainment and dining.

"I want to get them to bring some of that money back to Batavia," Mistler said. "I want to give them a reason to stay here."

First order of business is to start showing first-run films. He's also going to invest a substantial amount of money -- he doesn't know how much it will cost yet -- into upgrading to a digital projection system and dropping 35mm film. He also plans interior renovations and changes, but he's taking it one step at a time, he said.

Mistler owns City Slickers Restaurant and he said a downtown theater is important to the restaurant businesses downtown, not just his own.

People still like to go out for dinner and a movie, and if there is no movie theater in Batavia, people looking for a full evening of entertainment will just go elsewhere.

With local ownership, Mistler said, he thinks he can breathe new life into the former Dipson.

There are plenty of ideas for Mistler to look at for his theater, which could include special movie nights, special events for children, a small stage for comedians or small bands -- all of that -- Mistler said -- is on the table for discussion.

"It wasn't that this was a bad place, but the owners lived far away," Mistler said. "It was hard for them to watch and maintain it with the other theaters they had. I’m going to be on hand and we can do things the other owners wanted to do but couldn’t do because they weren’t here."

The theater remains open seven days a week as Mistler takes over management and begins making changes.

He said among his promotional ideas is to offer a package of a dinner from City Slickers and theater tickets. He said he would love to meet with any local restaurant owners who want to do the same thing or have other promotional ideas to tie the theater more closely with dining downtown.

"I need the feedback from the people," Mistler said. "I need to know what they want. I really do."

On Facebook: Batavia Showtime.

Mark A. Thweatt, 52, of 66 Oak St., Batavia, is charged with petit larceny and conspiracy, 6th. Thweatt is accused of stealing a shopping cart full of beer from Tops on Feb. 18. Store surveillance video and alert residents on Redfield Parkway were instrumental in the investigation, police said. A warrant was issued for Thweatt's arrest following the investigation and he was taken into custody Monday. (Initial Report)

Brandon M. Maldonado, 24, of Tracy Avenue, Batavia, is charged with possession of a forged instrument, 2nd. Maldonado was arrested following an investigation by Deputy Brian Thompson and Investigator Roger Stone into an alleged incident reported Nov. 1. Maldonado was sentenced Monday on a similar charge to a period of interim supervision by the Probation Department and ordered to pay $611 in restitution, which he said he would pay from his tax refund. On the new charge, Maldonado was arraigned in Town of Batavia Court and released.

Steven Michael Smith, 23, of Seminary Street, Auburn, is charged with assault, 3rd. Smith is accused of fighting with another person while at work at 1:15 p.m., Monday, at a location on Route 77, Alabama.

Joseph Zajaczkowski, 57, of Batavia, is charged with DWI and felony aggravated DWI. Zajaczkowski is accused of driving drunk in Niagara County with two 13-year-old passengers, a violation of Leandra's Law. He is also charged with two counts of endangering the welfare of a child.

Kevin L. White, accused of burglary and assaulting a police officer, was pretty indecisive today about whether to accept a plea offer on the multiple charges against him.

When White first appeared in Genesee County Court this morning, his attorney, Fred Rarick, was under the impression he was going to accept the plea offer, but White turned it down.

Rarick and White then met back at the jail where, Rarick said, he explained again all of White's options and the possible consequences of getting convicted by a jury. He also explained an "Alford plea" where White could enter a guilty plea without admitting to the factual allegations, just to the likelihood that he would be convicted by jury.

The case was put back on afternoon calendar and, again, Rarick expected his client to accept the plea offer.

But as Rarick stood before Noonan, he told the judge his client had again changed his mind.

District Attorney Lawrence Friedman said that he will proceed now with a presentation to a grand jury for a possible indictment.

Of course, until a trial date is set, White will still have the option of accepting whatever offer is on the table.

White, 21, of no permanent address, is charged with second-degree burglary for an alleged break-in Aug. 21 in the City of Batavia. He was arrested Jan. 4.

He is also charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, unlawful possession of marijuana and assault, 2nd (causing physical injury to a police officer), and resisting arrest.

White was reportedly at a residence on State Street at 5:51 a.m. on Oct. 14 when Batavia police officers responded to a report of a domestic incident.

While paramedics treated an alleged female victim downstairs, police went upstairs where White and another person had allegedly locked themselves in a bedroom.

Officers kicked in the door and White allegedly tried to flee down the stairs and charge past Sgt. Dan Coffey. He and Coffey fell against the wall, down one stair and spilled into the kitchen, breaking a table and chair. Coffey allegedly suffered a leg injury.

White allegedly continued to struggle with Coffey until another police officer subdued White with a Taser.

During a search of White, he was allegedly found to possess cocaine and marijuana.

White has been in jail since on $20,000 bail or $40,000 bond.

UPDATE: Batavia PD released more information this morning about White's arrest on a burglary charge. White was accused of stealing returnable bottles and cans from a residence on Washington Avenue in August. He was also charged with petit larceny.

A Batavia man accused of eight burglaries in the city will be represented by a private attorney, Judge Robert C. Noonan was informed this afternoon.

Fred Rarick, initially assigned to represent Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, told Noonan that he had been contacted by the family informing him the family retained an attorney to represent Smith.

Noonan noted that the attorney had not yet appeared with Smith nor filed notice with the court, but agreed to call Smith back in a week to appear with his new attorney.

A plea offer has been extended to Smith, District Attorney Lawrence Friedman said, and indicted he is ready to present the case to a grand jury.

Smith was arrested Jan. 1 while allegedly burglarizing a residence on Washington Avenue. Prior to that arrest, there had been a series of burglaries reported in the city that investigators considered to be the work of the same person. Smith has subsequently been charged with seven of those burglaries.

Richard Joesph Liberte, 46, of Batavia Stafford Townline Road, Batavia, is charged with criminal mischief, 2nd, and criminal mischief, 3rd. Liberte is accused of deliberately driving his vehicle into a parked truck and then into a residence, causing substantial damage to the structure at 2:18 a.m., Sunday, at 7997 Batavia Byron Road, Stafford. Liberte was jailed on $5,000 bail.

Yolanda E. Johnson, 26, of 8 Wood St., Batavia, is charged with petit larceny. Johnson is accused of stealing a bag of money from the apartment of a friend.

Melissa M. Morton, 27, of 4802 Middlebury Road, Bethany, is charged with criminal contempt, 2nd. Morton was a passenger in a vehicle stopped for alleged traffic violations on Main Street by Officer Chad Richards. There was an active bench warrant for Morton out of Batavia City Court. She was jailed on $500 bail.

Daniel C. Dilaura, 38, of 32 Brooklyn Ave., Batavia, is charged with harassment, 2nd. Dilaura is accused of hitting a woman he knew in the face. Dilaura was jailed on $10,000 bail.

Brian Lee Smith, 51, of Colonial Boulevard, Batavia, is charged with stalking, 4th. Smith is accused of having continued contact with an ex-girlfriend after being advised by law enforcement to cease all contact.

Patricia Kathleen Vogel, 52, of Exchange Street, Attica, is charged with petit larceny. Vogel is accused of stealing clothing and a book with a total value of $112.58 from Kmart.

Jerry Guity, 21, of Beach 54th Street, Far Rockway, is charged with unlawful possession of marijuana. Guity was a passenger in a vehicle stopped for an alleged traffic violation at 1:47 a.m. Monday on Route 33, Batavia, by Deputy Patrick Reeves. Guity was allegedly found in possession of marijuana.

Stephanie Leigh Hyatt, 19, of State Street, Batavia, is charged with falsely reporting an incident, 3rd. Hyatt allegedly reported that her vehicle was struck in the parking lot of Applebee's and provided a vague description of the "suspect vehicle." Hyatt allegedly later admitted to having an accident on the I-490 in Monroe County at a prior time.

Eric Michael Kelckler, 24, of Pratt Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Kelckler allegedly tried turning around in a private driveway on Hopkins Road at 4:15 a.m., Saturday, when his vehicle became stuck in the front yard of the residence. Upon investigation by Deputy Jason Saile, Kelckler was arrested for alleged drunken driving.

Suzanne Ryder, 46, of South Newstead Road, Akron, is charged with felony DWI, felony driving with a BAC of .08 or greater and speeding. Ryder was stopped at 10:24 p.m. Friday on Main Road, Pembroke, by Deputy Patrick Reeves for allegedly driving 53 in a 40 mph zone.

Pamela Lynn Palaszynski, 27, of Tillotson Place, Buffalo, is charged with DWI, driving with a BAC of .18 or greater, speeding, operating without headlights and failure to yield to emergency vehicle. Deputy Patrick Reeves attempted to stop Palaszynski's vehicle on Main Street, Batavia, at 10:39 p.m. Thursday for allegedly speeding (52 in a 45 mph zone) and other alleged traffic violations. Palaszynski allegedly did not stop for 2/10ths of a mile from the original traffic stop location.

Robert James Dempsey, 23, of Prole Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Dempsey allegedly drove his vehicle into a tree on Junction Road, Pavilion, at 2:30 a.m. Saturday. The accident was investigated by Deputy Eric Seppala.

Erik A. Kendell, 34, of East Bethany, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Kendell is accused of being in involved in car vs. telephone pole accident at 5:20 a.m. Saturday on Route 20, Alexander, and then fleeing the scene. The incident was investigated by Deputy Howard Carlson and Deputy Frank Bordonaro.

Jalen Smith scored 25 points as the Batavia Blue Devils rolled over Newark in the Section V Class B1 title game Sunday, 58-41

Here are the photos from the game. We'll have a game story later.

UPDATE: Story by Nick Sabato

Batavia captured their third sectional championship in five years after defeating Newark, 58-41.

The top-seeded Blue Devils stymied the Reds with strong defense to jump out to an early lead in the first quarter, helped by the hot shooting from Class B1 MVP Jalen Smith, and never looked back.

Newark struggled to score all game and was held to 6-of-23 shooting and committed 11 turnovers in the first half, while Smith scored eight points in the first quarter to give Batavia a 26-14 halftime lead.

“We built our program on defense,” said Batavia Head Coach Buddy Brasky. “We stress every single day in practice that every single possession counts on defense. That’s what we believe in.”

Coming out of the half, Newark began to gain some momentum as Batavia’s shooting went cold, including cutting the lead to eight with two minutes remaining in the third quarter before sophomore Jeff Redband, who was playing in his fifth varsity game of the season after leading the jayvee team in scoring, hit a three-pointer to extend the lead to 11.

Justice Fagan would add a three-point play to push the lead to 37-23 heading into the fourth quarter.

The Reds would open the scoring in the final frame on a three by Anthony Lombardi. Smith would answer with a three of his own.

From that point Smith would go off.

After another three from Lombardi, he connected on back-to-back threes to give the Blue Devils a 17-point lead.

In total, Smith would score 13 of his game-high 25 points in the fourth quarter, after only four in the second and third quarter combined.

“Coach (Brasky) always tells me to keep shooting, keep playing my game and trust my teammates to get me open,” Smith said. “It’s pretty much continuous for every game.”

Leading scorer Justin Washington struggled with his shooting touch all game, but he once again made up for it by stuffing the stat sheet for the Blue Devils, scoring 11 points, grabbing nine rebounds, five assists, five blocks and three steals.

“Points don’t ever tell the story for Justin,” Brasky said. “He rebounds, he defends, he helps relieve pressure from the other team, he makes great passes in transition and that’s how Jalen gets quite a few of his shots.”

For Batavia, it was their fifth sectional championship in school history. It was also the first since 2010, a year that they made it all the way to the New York State semi-finals.

“There is a very proud tradition here with our ex-players,” Brasky said. “They built the program and pass it along every year to the young guys and now this year’s team can pass it along to the young guys coming up. That’s how good programs stay good.”

The Blue Devils’ roster is comprised of six seniors, five of whom are starters, which means they are a very tightknit group on and off the floor.

“We have been thinking about this day since we came together in fourth grade,” Smith said. “It feels great to get out there and finally achieve one of our goals. We work hard and play together as a family.”

Brasky, who was named the Section V Class B1 Coach of the Year, is also the father of one the seniors on the team, Jake Brasky.

Coach Brasky won a sectional championship in 2005 with his oldest son, Adam, and has coached this group of seniors since the fourth grade when they began to play organized basketball together.

“Since these guys have been in fourth grade I have been coaching them a lot in the off-season and in youth tournaments,” Brasky said. “So I have grown close to this group, partly because my son is in the group. So it is special to share this moment not only with my son but with these seniors.”

Smith was joined on the all-tournament team by Washington and senior Jamesson Etienne (eight points and four steals) for Batavia.

Lombardi, who was also named to the all-tournament team, led Newark (14-7) with 13 points and seven rebounds in defeat.

Batavia (18-3) will now face the Class B2 champion, Hornell (19-2), on Tuesday at the Blue Cross Arena. Tip-off is scheduled for 5:45 p.m.

To purchase prints of photos from this game, click here.

It's all about relationships, says Guy Clark Jr., owner of Cedar Street Sales and Rentals.

Clark's business turned 20 today, and he said the enterprise has lasted because the people of Genesee County have trusted him and his staff.

"We owe a big thanks to the community," Clark said.

Raised in Stafford, Clark opened his first tool shop in Le Roy in 1985. He described it as an under-capitalized one-man operation, and he struggled, but he also started to gain a good reputation.

As the calendar flipped to 1993, the people at Cummings & Bricker, a Batavia-based wholesaler of farm equipment, approached Clark about opening a rental business on Cedar Street. Cummings and Bricker already owned the property, so they along with Clark and Ricky Palermo joined forces and opened Cedar Street Sales and Rentals March 1, 1993.

After a few years, Cummings and Bricker pulled out because both businesses shared the same peak seasons, Clark said, and that caused a little tension.

Another partner entered the picture for a few years, but seven years ago, Clark became sole owner of the business and has operated it successfully since, despite a recession and increased competition from the likes of Home Depot and Lowe's.

Clark said Home Depot went after the local rental business pretty hard a few years back.

Whatever Clark set as his rental price, Home Depot would offer the same tool for $1 less.

"They were attacking us pretty hard, but then they closed (the rental business) about three years ago," Clark said. "I was thrilled for that. I was proud of that."

Cedar Street has become one of the top Cub Cadet dealers in the nation, but there was a time when Clark didn't sell lawn mowers.

A persistent salesman kept trying to get him to stock a few, until finally, Clark recalled, the salesman said, "Look, let me put six in your store and if they don't sell by fall, I'll take them back, no hard feelings."

Clark added, "That was about 5,000 lawn mowers ago."

Clark was all smiles during the 20th anniversary party at his store today and said he does feel like he's accomplished something getting this far, even if you don't always notice the time sliding by.

"You don't think about it, and I didn't start thinking about it until I started looking at a calendar," Clark said. "Until people start coming in and saying, you've been here a long time, and you think, 'hey, I have been here a long time,' you don't think about it. You just go to work every day and never give it much thought."

The celebration continues Saturday with food, games, prizes and a chance to ride an all electric zero-turn mower from Cub Cadet. Clark said Cedar Street is the only dealership in the United States with the new mower in the store. They will go on sale this spring. The photo above is of Clark riding the mower. Customers who test drive it get a free hat. Food will be served from 11 a.m. to 1 p.m.

Friends and family of Scott Paul gathered at Center Street Smoke House this afternoon to pay tribute to the man who help found the restaurant with his brother, Cregg Paul.

We convinced some of the gathering to come out for a picture with the Bluesmobile.

Previously: Scott Paul: Golfer, musician, photographer, co-owner of Center Street Smoke House, dead at age 57

All area students and teachers are invited to compete in a talent show to raise money to fight pediatric cancer. Deadline for entries is March 4.

Go to this Web site for more info. and to download an entry form: <http://www.makesomenoisetalentshow.weebly.com>

It can be e-mailed to: makesomenoise2013@gmail.com

The Make Some Noise Talent Show is set for 7 p.m. on Tuesday, March 19 at the Notre Dame High School gym in Batavia. It's located at 73 Union St.

There are no entry fees and donations will be accepted at the door.

The First Place prize is $150 and there will be other awards presented to the top talent.

All monies raised will be donated to a new local chapter of the Make Some Noise Foundation, which raises money and awareness to defeat pediatric cancer.

For more information, contact Sharon Korzelius of Notre Dame High School at: sharon.korzelius@ndhsbatavia.com

Robert Augustus Hilchey, 60, of North Pearl Street, Oakfield, is charged with theft of services. Hilchey is accused of installing a water supply line at the Oakfield Fire Department at a location prior to the Village of Oakfield water meter, allowing himself and others to use water before it could be measured.

Lisa Sue Metcalf, 33, of Batavia Oakfield Townline Road, Oakfield, is charged with criminal possession of stolen property. Metcalf was arrested at her residence on a warrant out of Town of Oakfield Court. She was arraigned and released under supervision of Genesee Justice.

Bryan S. Harris, 30, of 50 Montclair Ave., Batavia, is charged with harassment, 2nd. Harris is accused of pushing another person against a vehicle.

Michael L. Titus, 28, of 71 S. Main St., Batavia, is charged with strangulation, 2nd, and harassment, 2nd. Titus is accused of choking and punching a victim during an argument. Titus was jailed without bail.

John L. Taggert, 31, of 16 N. Lyon St., Batavia, is charged with harassment, 2nd. Taggert is accused of shoving a family member against a wall. Taggert was jailed on $1,500 bail.

Batavia is getting a little dusting of heavy, wet snow tonight. It starting coming down just after midnight.

Looming federal budget cuts could mean cuts in one of Batavia City School's most needed programs, Superintendent Chris Dailey told WBTA today.

AIS (Academic Intervention Services) helps students in both math and English as well as special education.

Those are some of the students most in need of help, Dailey said.

The cuts could range from $75,927.40 to $121,283.84 and would be implented if the so-called sequester takes effect after a Friday deadline.

“It’s very scary because New York state still isn’t providing public schools with the level of funding that they did in 2009-10,” Dailey said. “On top of that now, the federal government is pulling out money that they give to schools that have students that are at or below the poverty rate and we are one of the districts that have a high percentage of that. They’re taking money away to help our highest-needs kids in a political game.”

There will be a rally in Geneseo Friday to encourage lawmakers to protect education funding. To reserve a spot on the transportation shuttle or more information on the event, call the district office.

Press Release:

The Genesee County Economic Development Center (GCEDC) announced that applications to its Food Processing Training Program are available beginning March 4th. The deadline for submitting applications is April 15.

Applications will be available at the Genesee County Career Center, located at 587 E. Main St., Suite 100, Eastown Plaza in Batavia. Applicants will need to complete a Customer Registration Form at the Genesee County Career Center as well as submit an up-to-date resume, and, if required, participate in a math/reading test and a follow-up interview.

“This is a very exciting initiative because it is an integral component of our business operations, creating opportunities for employment for our residents,” said GCEDC Chairman Charlie Cook. “The program also continues our commitment of collaboration among various public and private sector partners throughout the community.”

In addition to receiving a non-credit certificate from the Genesee Community College (GCC), participants will have a permanent record and transcript for successful completion of the program. They will also receive certificates in Lean Systems Six Sigma Yellow Belt (Rochester Institute of Technology), Team Building (GCC), Basic Dairy Science & Sanitation Certificate (Cornell University), and an OSHA Certificate for Safety in a Manufacturing Environment (GCC).

The training program, developed by GCEDC, GCC, RIT and Cornell University, will benefit the area’s existing food-processing companies. It will also prepare a workforce for companies in the Genesee Valley Agri-Business Park.

The training program is being funded by an Area Development grant obtained by the GCEDC from the National Fuel Gas Corp. with additional financial support from the Finger Lakes Food Cluster Initiative — funded by the Department of Labor's Employment and Training Administration in the amount of $38,000 or 28 percent of the program. The program is expected to train approximately 120  people while creating a model for future food processing and technology training programs.

“If we are to continue to market and grow the food-processing industry we need skilled and educated workers,” said Steve Hyde, president and CEO of the GCEDC. “The investment we make to train and educate our workforce is just as important as the investment we make in bricks, mortar, water, and sewer infrastructure that makes our properties shovel-ready to bring business here.”

Samantha Mary Williams, 32, of Lake Street, Le Roy, was arrested on bench warrants for alleged robbery, 3rd, grand larceny, 4th, criminal mischief, 4th, and petit larceny. She is also charged with resisting arrest. Deputy John Baiocco reportedly attempted to arrest Williams at 2:15 p.m., Wednesday, in the lobby of the DSS office. Williams allegedly resisted arrest. Deputy Joseph Graff assisted in the apprehension. Williams was jailed on $10,000 cash bail or $20,000 bond. Williams is reportedly also wanted by Batavia PD on a resisting arrest warrant.

John James Slack, 27, of Exchange Street, Attica, is charged with burglary, 2nd. Slack is accused of entering a residence in Alabama sometime over Father's Day weekend and stealing electronics, jewelry, money and other property. Slack is incarcerated at the Attica Correctional Facility on an unrelated matter.

Michael John Antonucci, 30, of Alexander Road, Alexander, is charged with menacing, 2rd, and harassment, 2nd. Antonucci is accused of pushing a person against a refrigerator and throwing a glass bowl and plate in her direction. An order of protection has been issued.

A 62-year-old Attica man is in an Owego hospital after allegedly being caught in the act of robbing a CVS Pharmacy in that city.

The man is considered a person of interest in the Sally Beauty Supply store robbery in Batavia on Feb. 9, according to Deputy Chief Jerome Brewster.

The same man is also considered a suspect in robberies in Corning and Big Flats. (More)

In all four robberies, the perpetrator wore a black ski mask and carried a big knife.

According to a news report, Owego police officers responded last night to a call of a robbery in progress at the CVS store and confronted a suspect. The suspect reportedly fled on foot and after a two-block foot chase, he was tackled.

Officers reportedly used force to subdue the suspect, who, according to sources, suffered two broken arms legs and cuts.

The suspect in the Owego robbery has been identified by law enforcement sources as John R. Malowsky, a registered Level 3 sex offender with prior convictions for assault, 2nd, and robbery, 3rd, in 1976 and two counts of robbery, 1st, sexual abuse, 1st, and rape ,1st, in 1983 in Genesee County. He was sentenced to 12 to 25 years in prison, reportedly released sometime prior to May 2011, violated parole and re-incarcerated. He was released from prison most recently in October.

Brewster declined to specifically name Malowsky as a suspect, but did say that the man arrested in Owego was the same person Sheriff's investigators had been looking at.

The Sally Beauty store person of interest was interviewed by investigators earlier this week at his place of employment. After that, his wife reported him missing, Brewster said.

"We were putting together a pretty darn good case," Brewster said. "We interviewed him and then he disappeared."

The person contacted by the Sheriff's Office as a person of interest was brought to the attention of investigators, Brewster said, by a parole officer who said he recognized the possible suspect vehicle identified in media reports.

No charges have been filed yet in any of the four suspected robberies.

Alecia Kaus contributed to this story.

Genesee ARC Executive Director Donna Saskowski told reporters Wednesday night that the local media can help get the word out: "We're ready to be in the trash business."

Of course, ARC has been in the trash business for 28 years, but things are about to get a whole lot different.

Now that the City of Batavia is apparently getting out of the trash business completely -- if approved, the cost of collecting trash will no longer be part of property taxes -- ARC will need to come up with its own fee structure, develop its own customer database, handle its own billing and compete in a new market that will likely include garbage collection heavyweights such as Waste Management and Allied Republic.

Wednesday night, the city council approved public hearings at 7 p.m., March 11 for a revised budget that lowers the tax rate and removes from the city's solid waste law all city responsibility for garbage collection.

The changes, if approved by the council, would mean city residents would start contracting with their own garbage hauler -- or take their garbage to a transfer station themselves -- beginning June 1.

By removing garbage from the city budget, but extending ARC's contract for two more months, the 2013-2014 property tax rate will be $9.30 per thousand of assessed value.

While that is still a 13.17-percent decrease over the 2012-2013 tax rate, it's slightly higher than the proposed tax rate had the original trash collection proposal been approved.

The adjusted tax rate is necessary to fund the $185,000 in additional expense for providing garbage service through ARC to city residents in April and May.

As soon as the new garbage collection law is approved, the city will begin the process of notifying residents. Each property owner will receive a letter along with a list of known trash haulers that might provide service in the City of Batavia.

It will be up to each resident to contact a preferred hauler and arrange for service.

Molino said he would anticipate from two to five haulers deciding to provide service to city residents.

Saskowski said ARC is preparing a plan to become one of the private haulers that offers service to city residents.

While getting to this point was painful for everybody involved, Saskowski said, the change does represent an opportunity for Genesee ARC.

The agency is looking at expanding service into the Town of Batavia and maybe adding a transfer station to its West Main Street Road location.

Expanded services would likely mean more opportunity for ARC to fulfill its primary mission, which is to provide employment opportunities for people with disabilities.

"I wish the process had been a little easier," Saskowski said. "I think it's been hard on everybody, ARC, city management; it's been a tough thing for the whole city. I hope soon everything can be resolved and people can go back to not being angry and upset."

There are still logistical questions for ARC to work out, such as how to handle billing (possibly through a vendor), and whether to offer a flat-fee service or a pay-per-bag service.

ARC will of course continue to collect recycling, and will collect recycling regardless of the source -- paying customer or not, Saskowski said.

"We will pick up recycling from whoever wants to give us recycling, or they can bring it to us," Saskowski said.

The new law will put the entire burden for getting rid of trash and recyclables on the residents or business owners in the city.

Some key points of the new law:

• No specified trash days. Trash haulers will pick up garbage on their own schedule and inform their customers of that schedule;
• Containers are not specified. Trash haulers will tell you whether they will pick up bags, cans or totes (and haulers that use totes will presumably provide the totes);
• Residents cannot put out their garbage before 3 p.m. prior to their specified collection day;
• Residents will have 24 hours to store their empty cans or totes after collection;
• Code enforcement officers will tag homes that have excess garbage piled up and that violate other terms of the ordinance;
• If you're able to get your trash to a transfer station yourself, you are not required to have a private hauler at all.

The city isn't planning on any additional expense for code enforcment, City Manager Jason Molino said.

"Right now, it's premature to assume we're going to have problems or to what extent we do," Molino said.

For the first 30 to 60 days, the city's code enforcement officers may engage in a stepped-up enforcement effort with a zero-tolerance policy to help educate noncompliant residents of the new law, Molino said.

Property owners -- whether owner-occupied or landlords -- who own properties that don't comply with garbage collection requirements face possible fines and the cost of clean-up.

The change in the law gets garbage collection off the city's books, which Molino said is important in a day and age where expenses need to be trimmed from municipal budgets.

Just like offloading the city's dispatch center and ambulance service, there is one less expense on the city's budget under this plan.

"It's a very costly service and we just don't have the ability to continue to provide it," Molino said.

Molino indicated he still thinks the original proposal -- a single franchised contractor for the entire city, but still fee-based rather than tax-based -- was in the best interest of residents.

"I don't think we went into this thinking, 'how are we going to get out of the trash business?' " Molino said. "We went into this thinking how can we provide the most efficient, cost-effective service possible."