batavia

South Beach owner Ken Mistler announced today that he won't require Suzanne Corona to carry a sign in front of the restaurant saying "I stole from South Beach."

"Her sincere apology was restitution enough for me," Mistler said.

Corona, already facing a public lewdness conviction for her part in a sex act at Farrall Park in June, could have been charged with a felony for trashing the South Beach lunch buffet one afternoon last month. To avoid the charge, she signed a contract with Mistler last week admitting her deed and agreeing to carry the sign for four hours.

Mistler said Corona's husband reached out to him through a mutual friend to ask if during the four-hour walk he could be their to protect his wife from public abuse.

"It was at that point that I realized that this affects more than Suzanne," Mistler said. "It affects her whole family. I can't punish her family for something she did."

Reached this afternoon, Corona said she was grateful to Mistler for his decision.

"That is very wonderful of him," Corona said. "I told this to the media before and it got cut out -- he's a very fair man, a nice man and I respect him very much. I can't thank him enough that he's chosen this direction for my family."

After Corona got out of the hospital following an eight-day stay, she immediately came to Mistler ready to sign the contract, Mistler said. He said he figured that was a hard eight days lying in a hospital bed thinking about what she had done and the anticipation of the walk was probably difficult to think about.

He said he didn't feel the need to ask any more of her.

"She never said she wouldn't do the walk," Mistler said.

While Corona is off the hook for the four-hour "walk of shame," Mistler said he is suggesting to her -- only a suggestion -- that she volunteer for four hours with a local agency such as the animal shelter or help with a charity event.

"I've done that before," Corona said. "I've volunteered in soup kitchens. I've volunteered at a hospice. I can certainly do something for him in that regard. I most certainly will."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We'll have more coverage later.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

After the jump are more pictures from the event.

Bill Kauffman, master of ceremonies.

Maureen Maas-Feary

Tracy Ford

Brian Paris

Helen Maier

Terry Abrams

Lucine Kauffman

John Gardner's younger brother, Jim Gardner.

John Maier

CSX is planning to shut down the railroad crossing at Seven Springs Road from Monday at 9 a.m. through Tuesday afternoon.

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

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

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

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

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

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

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

Neither driver had passengers.

The accident was investigated by Deputy Cory Mower.

(initial report)

Mercy EMS is being dispatched to Austin Park where a child has fallen off a swing and suffered a possible broken arm.

GCASA held their 11th Annual Awards Dinner Friday evening at the Holiday Inn.

Dr. Russ Marchese was presented with the Volunteer Service Award. Dr. Russ, his partner Dr. Marcella and staff partnered with Care-A-Van Ministries and local agencies this past summer to hold the Second Annual Caring for the City Day which included a free dental clinic. 68 people from the community received free dental services including fillings, cleanings and teeth extractions. Dr. Russ and his wife Wendy are very active within in the community.

The guest speaker for the evening was Ms. Millie Tomidy, Executive Director  of Mental Health Associaton in Genesee County.  The Emcees for the evening were Justin and Liz Calarco-Smith. Other awards given out in the evening included: 

Leadership award to Dr. Lait Jain, Caring Community Ward to Medina Area Association of Churches, Business of the Year Award to Tully's Good Time Restaurants, School Recogniton Award to Kendall Elementary 5th Grade Team, Dove Youth Award to Maura Chmielowiec, Criminal Justice Award to Edwin Mileham, Special Recognition Award to Chuck Kron and Directors Award to Robert Balbick.

Care-A-Van Ministries would like to thank Dr. Russ and his staff for continuing to reach out to the less fortunate here within the city of Batavia.

Batavia police are on the lookout for six youths who are reported to be stealing pumpkins in the city. Three other young people reported that the mischief-makers went into a house on Oak Street, but couldn't, or wouldn't, identify it.

Dispatch also mentioned Summit Street in connection with this incident. No word on the total of pumpkins involved.

A two-vehicle accident with possible injuries is reported in the area of 8297 Lewiston Road in the Town of Batavia. It is blocking southbound traffic, but there is a lot of distance between the two vehicles.

There is debris everywhere. Law enforcement on scene requests traffic control.

Town of Batavia Volunteer Firefighters and Mercy EMS are responding.

UPDATE 6:51 p.m.: The two vehicles are about 200 yards apart. One is heavily damaged. The debris field is described as pretty large. Northbound Lewiston is being shut down at Veteran's Memorial Drive.

UPDATE 7 p.m.: Oakfield Fire Police are requested to shut down southbound traffic on Route 63 at Batavia-Oakfield Townline Road. Another fire police vehicle is called for at Galloway Road.

UPDATE 7:35 p.m.: Route 63 is re-opened to southbound traffic at Batavia-Oakfield Townline Road. Traffic at Galloway Road is also re-opened.

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

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

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

Matt Gray issued the following statement this afternoon:

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

An "unknown type fire" is reported at or near 2 Lewis Place in the City of Batavia.

City Fire Department is responding.

It could be a bonfire. The young people who called dispatch are said to have been "very evasive" on the call-back by authorities.

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

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

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

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

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

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

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

Sentencing was scheduled for Nov. 22.

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