A 23-year-old former Batavia resident who snatched a wallet from a fast-food patron last fall pled guilty this afternoon to attempted robbery in the third degree.

Misty Guadagno -- who used to live on State Street, but now resides at 1713 Lake Road, Apt. 2, in Hamlin -- admitted to Judge Robert Noonan in Genesee County Court that she forcibly stole a wallet from a Batavia woman on Nov. 13.

The victim was waiting at the counter to place an order at Wendy's when Guadagno pushed against her, took her wallet and ran out, heading toward Genesee Country Mall. A man who'd been eating lunch in the parking lot saw the commotion and chased her down. The citizen, along with two others, kept custody of the thief until police arrived.

The wallet and its contents were retrieved, except for the money, which seemed to have just dispappeared.

Guadagno appeared in court by herself, wearing tight, faded jeans and a tight, light gray hoodie. Her straight blond hair was pulled back in a ponytail. As always, the judge asked the defendant what was the last year of school completed. She told him she graduated high school with a diploma and has completed one and a half years of community college.

When questioned about the crime, Gaudagno told Noonan that she "took several pills that day" and she was "coming off a lot of drugs."

"The whole day was actually a blur," she said.

At this point, Noonan enlightened her about the ramifications of this contention. He said this was an intentional crime and that if it went to a jury, the People would have to prove, not just the theft, but the intention to commit the crime.

But if she were to maintain that being under the influence of drugs impacted her thought process, and the jury thereby found her unable to show intent, the case could be dismissed. So in pleading guilty, she gives up the drugs-made-me-do-it defense and the possibility of dismissal.

District Attorney Lawrence Friedman said the paperwork from the arresting officer states the defendant explained her actions in detail and when asked if she was on drugs, she said, no, she didn't have the money (to buy them).

A recess was declared so counsel Melissa Cianfrini, who is temporarily handling the case for Public Defender Gary Horton, could explain the legal points. They left the courtroom for three minutes and returned. While waiting for the judge to return, Guadagno sat with Cianfrini. They chatted, the defendant re-wrapped her ponytail, appeared at ease, animated and giggling at times.

After Noonan returned, he accepted her plea, wherein she waived indictment by a Grand Jury and said she was guilty of attempted robbery in the third degree, a Class E felony.

She faces up to six months in jail, five years probation, a $5,000 fine, a mandatory $350 surcharge, $50 DNA data base fee, restitution and a 10-percent penalty fee is she fails to pay the unspecified restitution on time. A one-year order of protection was issued for her to stay far and away from the victim in the case.

Her next court appearance is called a pre-sentence investigation, set for 9:15 a.m. on June 17.

She was free to leave until then, despite Friedman's concern about her ability to appear again as promised, based on her actions Monday.

It seems that her case was originally set for 11 a.m. and she didn't show, but called to say she had car trouble and would be there later, at 4:30. The prosecution submitted a petition for a bench warrant, but since the judge wasn't going to be available that late in the afternoon, he rescheduled the case for 2:30 today.

"It was the worst possible time for her to have car trouble," Cianfrini told Noonan.

Previously: Suspected purse snatcher nabbed in Batavia

It's now official -- city property owners can expect a 1.5-percent rate increase in property taxes.

On a 7-2 vote last night, the Batavia City Council approved the 2010/11 budget, which comes in at $21.7 million in expenditures.

The no votes came from Councilman Sam Barone and Councilwoman Rose Mary Christian.

"If this budget passes, the only thing we will be doing is squeezing and choking off the middle class," Christian said.

Christian's areas of concern, she said during the meeting, were legal fees, community celebrations, a drop in sales tax last month, the high cost of youth services and she called $527,000 for parks "outrageous." She also objected to the transfer of water funds to the general fund and said the contingency fund is much too low, especially since it's likely that police officers will win an arbitration case granting them retroactive pay raises.

Christian also complained that constituents in the Sixth Ward have reported high reassessments, from $7,000 to $11,000 more, for their homes.

"This is really going to hurt these people," Christian said.

During the public comments section of the meeting, before the budget vote, city resident Daniel Del Plato spoke vehemently against the proposed budget, saying city taxpayers couldn't handle any further tax increases.

"You're trying to get blood from stones," Del Plato said.

She also objected to a pay raise for non-union employees, which did pass in a separate motion on a 5-4 vote. Voting no were Christian, Barone and council members Bill Cox and Bob Bialkowski.

The council also approved plans to raise water rates and seek bonds to fund the start of a five-year or longer process of water infrastructure upgrades. Barone voted no on both resolutions.

A proposal to consolidate Batavia's city and town governments is moving forward again.

It appeared that the consolidation effort stalled in August when, on a motion by Councilman Sam Barone, the city council voted 5-4 to table a resolution calling for a public hearing on the process.

Last night, again on a 5-4 vote, the council passed a resolution to apply for a grant to fund creation of a new city charter for a consolidated government and to sign an agreement with the town to appoint a consolidation task force.

The council members who opposed moving forward with the task force and charter process -- Bill Cox, Sam Barone, Rose Mary Christian and Bob Bialkowski -- said they didn't want to see any further effort wasted on talk of consolidation without a clear understanding that people in both jurisdictions wanted bring the city and town together.

Bialkowski asked if a referendum could be held, but City Manager Jason Molino said there were no provisions in state law to allow for a referendum vote without first writing a charter, so Cox asked if maybe the three local media outlets could conduct a survey.

Speaking in favor of moving forward, Councilwoman Kathy Briggs said, "We’ve got to have the facts. We’ve got to have the pros and cons. There are a lot of people who are undecided because they don’t have the facts.”

Councilman Frank Ferrando said he didn't think the public had enough information to make an informed decision just yet about consolidation. He said he didn't have enough information to make up his own mind. He isn't sure it really will save money, but if there is a chance it will, it needs to be studied further, he said.

"We’ve got to start looking into ways to save the taxpayer money," Ferrando said. "We’re not going to do it staying the way we are. We’re just going to keep spinning wheels and we’re going to be breaking people. We’re going to be taking them down further and further and further. I think this deserves study, clear understanding, before we put it to our citizenry to a vote."

Barone disagreed, saying, "I think the information (in previous public meetings) was very well presented."

Cox and Bialkowski said they had doubts about whether consolidation would really lead to much cost savings, noting the previous 12-month study found only $78,000 in potential cost savings.

After the meeting, Molino told reporters that, actually, the study found a potential of $245,000 in savings. Plus, an extra $820,000 in state aid would be available to a consolidated municipality.

The available state grants would provide the task force/charter review committee with $49,500, most of which would cover legal fees associated with writing a new charter. The city and town would each need to contribute $2,500 to the process.

Bialkowski said he was concerned that pursuing consolidation further would be like pouring more taxpayer money down the same hole and at the end of two years, nothing would be accomplished.

The proposed commission would be comprised of four city residents and four town residents, who could not be elected officials, government officials nor their spouses. The appointees would be selected by a joint city-town committee consisting of the council president, the town supervisor and two council members from each body.

Council President Marianne Clattenburg spoke in favor of consolidation saying that it's an obvious waste of resources to have two government bodies providing identical services.

“You talk about shared services, but what’s the ultimate shared service but consolidation, so you don’t have one government entity over here and then five miles away they have a whole other government," Clattenburg said. "The idea is to put them together to save money. It’s not talking about what’s the state going to give us next year.

"It’s about what’s going to happen five, 10, 20 years from now. As the town grows, their administrative costs are going to go up. If they expand, and we hope they do, because it’s good for everybody, then those costs are going to start to get to be as big as ours."

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week  session (one class per week), which is a $56 value, for $28. (New sessions start March 1)

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 eac

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: The Batavian is able to offer a limited number of reduced price hair cuts for children under 12. Click Here for details of the offer and to purchase vouchers.

SOLD OUT

BATAVIA, NY --- A fourth person has been arrested in connection with a residential burglary on State Street that occurred Sept. 1 in which household items and a car were reportedly stolen.

Taken into custody by Batavia Police detectives yesterday morning was Quentin L. Gibson, 25, of 27 Richmond Ave. He was charged with burglary 2nd.

Previously arrested in connection with the alleged burglary were Reginald M. Wilson, 37, Dillon M. Brito, 19, and Joseph D. Dash, 24.

The City of Batavia will not immediately replace Youth Bureau Director Patricia Dieck, who retires resigned effective March 3, after 25 years of service.

Last night, City Manager Jason Molino asked the city council to allow eight months to study Youth Bureau operations and come up with a plan to reorganize it. The council concurred.

Over the past year, state aid to the program has decreased 30 percent.

"Also, there have been several attempts to shift all local aid from municipalities to counties in supporting more mandated programs," Molino wrote in a memo to council. "These efforts have not been pursued in the current Executive Budget issued by the Governor, however, future cuts in aid have been proposed."

State aid makes up 13 percent of the Youth Bureau budget and Molino said the city should understand these programs better before deciding on their future.

Last week, Dieck told The Batavian news partner WBTA that the idea of consolidating the city's program with the county's has come up at least three times in the past, but city residents have demonstrated that they want the city to have its own program.

"The agency has been here 50 years," Dieck said. "I believe it's the only free program for our young people in the city. We've considered charging small fees, but we don't want to deny young people any services or activities."

The Youth Bureau has four employees, two full-time and two part-time. During the next eight months, the current youth coordinator will act as director and one part-time staff member will be given a temporary full-time position to help ensure the bureau completes its scheduled programs, especially through its heavy summer schedule.

Molino said the City's Youth Board will be consulted throughout the study process.

UPDATE 10:24 p.m., Tuesday: Patricia Dieck wrote this evening to ask for two corrections on this post. First, she resigned. It's not a retirement. Second, she served the city for 25 years (not 23 as we originally reported).  I asked her why she resigned, and here is her response:

I do wish I could have retired with the city, but it didn't seem to be in the cards for me.   I am resigning because I need a job where I can feel like I can make a difference.  I don't see an end in sight for the budget issues on state and city level which is having an unfortunate impact on youth programs.  I've been thru the Youth Bureau study at least 4 times over my career.  I really don't want to waste any more of my time or city time on this issue nor do I need the stress that is associated with it.  I took my job seriously and loved what I did, but when it gets to the point that you are not enjoying it or not feeling appreciated, it's time to get out.    For the most part, I have thoroughly enjoyed my job and know I have made a difference in the lives of young people in our community. 

In her initial e-mail to us, she said:

And the Youth Bureau budget has taken almost 30% cut in state funding between 2008 and 2009. There is no proposed cut in state funds for 2010.

As for the article about the City Budget, Councilperson Christian says she refers to "the high cost of youth services".  not sure that I would say the less than 1% of total city budget allocated for young people can be considered "high".

The much-disputed sale of a tax-foreclosed property at 9 Willow St., Batavia, reached a resolution tonight as the city council approved the sale of the house to Stafford resident Tom Englerth.

He was the second-highest bidder for the property -- contrary to a previously published report by the Batavia Daily News that Habitat for Humanity placed the second-highest bid -- with a bid of $20,500, which was $500 less than the highest bid by Michael Pullinzi.

Pullinzi's bid was rejected by the council two weeks ago for apparently having been cited too many times for code violations. (Pullinzi has noted that his violations are not nearly as numerous as some local landlords and that some of the alleged violations were actually on neighboring properties.)

The contentious decision carried over to tonight's meeting as Councilman Bob Bialkowski asked the council not sell the property to Englerth, but instead re-auction the property at an upcoming county auction.

Bialkowski's motion failed 2-7 with only Councilman Sam Barone backing the motion.

“It’s unfortunate that nobody asked the high bidder what his intention for the home was," Bialkowski said, noting that Pullinzi has previously gutted and remodeled homes on North Lyon and in Le Roy and is current converting a two-family apartment building into a single-family residence on Fisher Park.

Council President Marianne Clattenburg expressed concern that since Englerth had probably been notified of the council's pending vote, to switch directions at the last minute might expose taxpayers to a costly lawsuit.

Councilwoman Kathy Briggs also showed some exasperation with Bialkowski's motion.

"We didn’t accept the first one, now the proper procedure is, we go to the next bidder," Briggs said. "End of discussion."

Councilman Frank Ferrando spoke at length for the council to come up with a better policy for dealing with the sale of tax-deliquent properties.

“I don’t know what alternatives we have, but there have to be better alternatives relative to the vision we have to make our neighborhoods better," Ferrando said.

Ferrando didn't expect an answer tonight from City Manager Jason Molino, but he asked him what the city was doing to hold tenants more accountable, echoing a theme of a recent story on The Batavian.

After Bialkowski's motion failed, the council voted unanimously to sell the property to Englerth.

Pictured, Bialkowski, top, and Briggs.

Another rollover accident has been reported in the Pembroke section of the New York State Thruway.

The caller does not believe the driver was injured.

The accident was reported in the area of mile marker 394.5, eastbound lane.

East Pembroke Fire and Mercy EMS have been dispatched.

UPDATE 11:36 p.m.: A first responder reported finding the car on its roof, but Mercy EMS has been cancelled. The driver said he doesn't require medical treatment.

It's unknown if there are injuries after a car hit a utility pole in the area of 1139 Casey Road, Basom.

Alabama Fire and Mercy EMS have been dispatched.

UPDATE 11:17 p.m.: National Grid requested to the scene. The pole is snapped in two. There is a transformer on it. Mercy EMS put back in service. The driver was not injured. No passengers.

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A low pressure zone moving from Lake Erie to Lake Ontario is bringing snow and a winter mix to Western New York and the National Weather Service has issued a weather advisory.

Rain and a freezing drizzle overnight will make untreated roads quite slippery and caution when driving is recommended.

The advisory is in effect from midnight until 6 a.m.
 

Sparks and flashes are reported coming from a residence in the Dreamland Trailer Park, 3522 W. Main St. Road, West Batavia.

The house is described as a white house with a fence.

East Pembroke Fire is responding.

An assistant fire chief on location, "nothing showing."

He reports the house to respond to is the main house in Dreamland.

He reports wires on a pole crackling, but nothing in the house. "I don't see anything, but I can hear it out here."

UPDATE 9:20 p.m.: Wires are reportedly arcing. National Grid requested to the scene. A standby from Corfu has been request to go to the East Pembroke Hall. Town of Batavia also requested to stand by.

UPDATE 10:02 p.m.: Town of Batavia told to stand down.

A rollover motor vehicle accident with minor injuries is reported on the Thruway, west of the 48A exit. Pembroke, Indian Falls and Mercy EMS are called to respond.

UPDATE 5:04 p.m.: The accident is near mile marker 403. Pembroke command on scene says the vehicle rolled over several times, the roof is crushed and the windows are "blown out," but the occupants appear unharmed. The responder said "I told them they should at least go to the hospital to get checked out."

A possible structure fire is reported at 61 East Main St. in the Village of Corfu. Corfu fire is responding, others are standing by.

UPDATE 4:20 p.m.: All other departments but Corfu are asked to stand down. Apparently this was a dryer fire at a house. A firefighter reports: "The dryer is out of the house, checking the extension."

A two-vehicle accident with one minor injury is reported at 4740 Barrville Road in Elba between Luddington and Bridge roads. Elba fire and Mercy EMS are responding.

Who knew that walking around in circles could actually be a good use of time?

Since Wednesday, Batavia's First Presbyterian Church has had a labyrinth -- a pattern consisting of multiple paths leading to a center -- for people to walk as an exercise in prayer and meditation. The following video includes interviews with pastor Roula Alkhouri and two of the brave souls who chose to give the labyrinth a try.

The remaining dates and times available for walking the labyrinth are as follows:

9:30 to 11:30 a.m., 1 to 3 p.m. Tuesday, Feb. 23
9:30 to 11:30 a.m., 1 to 3 p.m. Wednesday, Feb. 24

Anyone interested should contact First Presbyterian by phone (585) 343-0505 or e-mail the pastor at roula@rochester.com.

The prediction of snow today is just starting to come true -- there's some light flurries outside. The chance of snow in the 2 p.m.hour is put at 80 percent, but drops off quickly, as does the temperature.  We should drop from about 35 degrees to 31 by early evening, and then the temperatures creep back up to the mid-30s after 9 p.m.

There could be more snow this evening.

There's about a 30 percent chance of precipitation throughout most of tomorrow, with the chance of snow changing to a chance of rain by 3 p.m., when temperatures are expected to hit about 38 degrees.

Weather.com's 10-day forecast has temperatures in the 30s with varying degrees of possible rain or snow.

Photo: The Genesee Valley plows through a small snow bank at Harvester Avenue as it passes the Harvester Center.

A Batavia man admitted in Genesee County Court this morning that on Aug. 31, he got drunk, got mad and wound up hurting his own 4-year-old son after he threw a chair at another person, striking his son instead.

James S. Nottingham Sr., pled guilty to attempted assault 3rd, DWI and aggravated unlicensed operation.

The attempted assault charge requires the prosecution to prove that Nottingham intended to hurt another person. Judge Robert Noonan made sure that Nottingham understood his right at trial to use his intoxication as possible proof that he wasn't aware that his actions might cause serious injury.

The charge is a felony and serves as his second felony for purposes of sentencing.

Nottingham, 30, who finished ninth-grade, admitted to a felony count of criminal mischief in 2005. He also had a DWI conviction in Batavia City Court last year.

Attorney Gary Horton asked to have Nottingham released under supervision, but Noonan denied his request and continued his bail.

In the Aug. 31 incident, Nottingham said he threw the chair at Warren Cotton.

Michael A. Jamil, 26, of 10 Prospect Ave., Batavia, is charged with following too closely, aggravated unlicensed operation 3rd, uninspected motor vehicle and unauthorized use of a vehicle 3rd. Jamil was arrested following a three-car accident at 11:40 a.m. Thursday. Jamil was reportedly driving westbound on Main Street and struck another car, which pushed that car into a third vehicle. A passenger in one of the vehicles, Amber L. Blanco, 19, was transported by ambulance to UMMC, complaining of abdomenal pain. Further investigation by Officer Jason Davis revealed that Jamil allegedly took the vehicle he was driving without the owner's permission.

Cole Y. Holstein, 25, of 2129 Angling Road, Pembroke, is charged with unlawful dealing with a minor. Holstein is accused of hosting a large underage drinking party. He was arrested at 12:30 this morning.

Jenna J. Condoluci, 19, of 230-A W. State St., Albion, is charged with petit larceny. Condoluci was arrested on a failure to appear warrant out of Batavia City Court after she had been scheduled for arraignment on Jan. 5 on a petit larceny charge. Condoluci was in Monroe County Jail on an unrelated charge and was taken into custody by Officer Kevin Defelice upon her release. Condoluci was jailed on $500 bail.

Stephen C. Hawley, 22, of 775 Main St., Apt. 509, Buffalo, is charged with DWI, aggravated DWI (operating with a BAC of .08 or greater), operating on median, speed not reasonable and prudent. Hawley was taken into cusody following a property damage accident near the intersection of East Main Street and Clinton Street. Hawley allegedly made a left-hand turn onto Clinton, driving onto the median and striking a pedestrian crossing light pole. Neither Hawley nor his female passenger were injured in the accident.

Michael R. Malicki, 19, of 9620 Vermont View Road, Machias, is charged with unlawful possession of marijuana. Malicki was arrested at 1:07 a.m. Saturday, by Officer Frank Klimjack.

Tammy Jean Wolfley, 41, of 3021 Sprague Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in no passing zone, and throwing refuse on a highway. Wolfley was arrested at 3:21 a.m. Sunday, following a traffic stop by Deputy Jason Saile.

Bradley C. Frederick, 47, of 500 Walnut St., Lockport, is charged with DWI, driving with a BAC of .08 or greater, speeding (67 mph in 40 mph zone). Frederick was stopped by Deputy Tim Wescott at 8:40 p.m. Friday, or allegedly failing to dim headlines and speeding on Route 63 in Alabama.

Wayne M. Smith, 59, of 9780 Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and driving with no or inadequate headlights. Smith was stopped at 10:44 p.m. Friday, by Deputy James Diehl on West Main Street Road, Batavia.

Accidents from the State Police blotter:

1:27 p.m. Feb. 20, Walmart parking lot, Batavia, two vehicles; Driver 1: Daniel W. Shea, 49, of Batavia; Driver 2: Lloyd E. Hall, 56, Le Roy. No injuries reported.