Twenty-four-year-old Tricia Tundo will serve five years probation, avoiding a possible one-and-a-half year jail sentence after pleading guilty in July to the unlawful disposal of the precursor materials to methamphetamine.

Tundo appeared before Genesee County Court Judge Robert Noonan this morning, visibly pregnant and much less gaunt than in previous court appearances. Defense attorney Tom Williams spoke on Tundo's behalf, saying she has attended counseling and passed multiple drug tests since she was released from custody following the meth bust at her South Byron home in April.

"I know nothing of the effects of this drug on the body, but I can tell you that Ms. Tundo's appearance has changed dramatically since I first met her at Wyoming County Correctional Facility several months ago," Williams said. "She appears in good spirits...she's no longer looking so sickly and thin."

Williams also made note to Judge Noonan that Tundo is expecting her first child in the second week of November.

Noonan maintained that Tundo "has not fully acknowledged an awareness of the drug activity that surrounded her." But he noted that this is Tundo's first criminal offense, and spared her the jail time. Tundo's driver's license will also be suspended.

Meanwhile, a check of county court records revealed today that Matthew Zon is two weeks into his prison sentence for his role in the South Byron meth lab. Zon was sentenced on Sept. 13 to three years in prison, followed by five years probation. As part of his plea deal, Zon forfeited ownership of a 2005 Chevrolet pickup truck.

Zon and Tundo were stopped in that truck on April 14, and were charged after they tried to ditch some methamphetamine materials on the side of the road.

Press release:

The Jerome Foundation and United Memorial Medical Center Foundation are seeking nominations for the 27th annual Health and Humanitarian Award of Genesee County.  

The award recognizes outstanding men and women whose volunteer efforts have improved the physical, emotional or spiritual well-being of the greater Genesee County area. 

“We are fortunate to have many caring and committed volunteers devoted to the sick or to those in need, and helping build a stronger, healthier community for all of us," said Justin Calarco-Smith, president of The Jerome Foundation.

He noted the accomplishments of Ronald Burroughs, the 2010 Health and Humanitarian recipient, whose volunteer efforts and leadership with Genesee County Habitat for Humanity have enabled local families to live in clean, decent and stable housing.

Nomination forms are available from UMMC Foundation Office at 127 North St., by calling 585-344-5300, or online at www.ummc.org. Organizations or individuals may nominate candidates.

Consideration will be given to actual accomplishments achieved through volunteer service and subsequent improvements to quality of life.  Nominations should be submitted on or before Sept. 30.

The 2011 award winner will be honored at a luncheon on Friday, Dec. 2 at Terry Hills Restaurant.

Today, Billie and I are moving from our apartment into a rental house. Tomorrow will also probably be taken up with moving and getting settled in.

Thursday, I'm flying to Chicago and will be gone through Tuesday.

Throughout, we'll have our scanners on and endeavor to keep the site updated with breaking news. WBTA's Geoff Redick will also provide coverage of Genesee County news, posting directly to The Batavian. We will also have some coverage from our correspondents. And while on the road, there will be news items that come into me that I can post. All-in-all, we should be able to keep the site appropriately updated.

In Chicago, I'll be attending a conference of local online news publishers, then the same university that arranged this conference is hosting about a dozen of us more successful publishers for three days of discussion about how we might continue to grow our businesses.

There's a lot of concern in the journalism world about the fate of newspapers and whether online-only news sites can be economically viable enough to fill in any gaps in news coverage. The Batavian is at the forefront of building a sustainable online-only news business, which is why I've been invited -- all expenses paid -- to these conferences.

While I won't be around to go out and cover things like I typically would, we will continue coverage of our community.

A group of about 12 parents concerned about proposed changes to elementary schools in Batavia gathered at the Richmond Memorial Library on Monday evening to start organizing an effort to offer alternatives to the school board.

The hour-long meeting ended on a message of "let's show the board we want to work with them," after some in the group expressed concern that if parents are willing to cooperate, negotiate and listen, school board members won't take them seriously.

"This is not about us versus them," said Jennifer Burke, one of the organizers of the meeting. "It's not a game. It's about our kids. If we all have that as our focus then we should be able to accomplish something."

The school district is looking for a way to save as much as $1 million in annual expenses and has publicly discussed closing the current administration building on Washington Avenue and moving the district administration into one of the current elementary schools -- such as Robert Morris -- leaving the school district with only two elementary schools.

Hardly a parent in Batavia can be found who supports the idea. Primarily, they are concerned about losing their neighborhood schools, having children in the same household attending three or four different schools and how frequent school changes will affect the chance for children to succeed in school.

The meeting on Monday included a break-out session with parents making a list of concerns and ideas.

A universally shared concern was moving fifth-grade students into the middle school.

"The age difference is just too much," said one parent.

Burke expressed optimism that board members have been willing to discuss concerns with parents. Superintendent Margaret Puzio called her earlier to provide some updates in advance of the Monday meeting, which Burke considered to be a sign of administration officials' willingness to work with parents.

Among the updates is that the decision about consolidation that was supposed to be made in November has been pushed back until March.

"That's another step in the direction that they're offering parents a voice," Burke said.

But the parents still want even more time. They're passing a petition to ask for the decision to be put off until after another school year passes, dipping into the district's reserves, if necessary, to balance the budget.

"When they do make a decision, they need to make an informed decision," Burke said. "They need to make the best decision, the best decision for the whole community."

Burke noted that in opposing consolidation, it opens up a wide array of options for the district to cut, from teachers (bigger class sizes), music and arts, teacher aides, sports and elective courses.

"If we move forward with certain recommendations, we may see ramifications on the other side," Burke said. "We do realize that we may need to sacrifice some, but our children come first."

The next group meeting is scheduled for 7 p.m. on Oct. 13. 

The next meeting the district will host to discuss consolidation is Wednesday at Batavia HS.

Just over six months and more than $2 million later, the much-anticipated indoor water park at the Clarion Hotel on Park Road is ready for splashing, laughing and high-energy fun.

Today, various community leaders and local and regional media were on hand for the ribbon-cutting ceremony for the new Palm Island Indoor Water Park.

The park opens to the public at 3 p.m., Friday and will open at 9 a.m., Saturday (for more about park operations, visit the website).

The brainchild of Chan Patel, owner of the Clarion, will offer recreation to guests year-around.

Prior to the ribbon cutting, Patel told visitors that 95 percent of everything in the park was made in the U.S. Local and regional contractors worked on the project.

The 12,000-square-foot facility includes a 197-foot and a 169-foot waterslide, a pool equipped with basketball hoops, a spa, a play lagoon with waterfalls, small slides and dumping buckets, as well as birthday party rooms, a food and beverage concession and an arcade room with 15 games.

Patel said he planned the park so that there would be activities that would appeal to all ages.

The bottom photo is Chan Patel, center, with his business partners on the project, Hagish Patel and Amit Shah.

A car has reportedly rolled over and struck a pole on Ledge Road near Alleghany Road in Alabama.

The driver has reportedly said he suffered minor injuries.

Alabama Fire Department and Mercy EMS responding.

UPDATE 8:39 p.m.: A chief on scene reports, "driver out of the car, no apparent injury."

UPDATE 8:42 p.m.: Medic advised to continue to respond non-emergency.

Smoke is reportedly coming from an elevator shaft at 7758 E. Main Road in Le Roy. Le Roy Fire and Ambulance Service and a ladder truck from Bergen are responding.

UPDATE 5:39 p.m.: A unit from Pavilion is requested to fill in at Le Roy's fire hall. The scene of the possible fire is referred to as Mercy Grove.

UPDATE 5:58 p.m.: A check from the rooftop found nothing of concern. The firefighters don't have access to the shaft itself. They are now checking the basement.

UPDATE 6:01 p.m.: Power to the elevator was shut off briefly. They are going to turn it back on to see if they can locate any problems.

UPDATE 6:05 p.m.: Firefighters are informed that all motors to operate the elevator are on the third floor. There is a means for them to view inside the shaft. After power is restored, they plan to use a thermal imaging camera to detect heat.

UPDATE 6:12 p.m.: They have determined that there is an electrical problem and soon an electrician will be working to solve it. Pavilion is released from standby duty.

Rhiannon J. Graff, 16 Oak St., Room #7, Batavia, 31, is charged with criminal possession of a weapon, 3rd. Graff was reportedly found by Batavia PD at 9:30 a.m., Sept. 17, in possession of a metal, collapsible baton. NYS Parole assisted in the case. Graff was jailed on $5,000 bail.

William J. Galliford, 51, of 200 State St., Batavia, is charged with harassment, 2nd, and resisting arrest. Galliford was arrested after allegedly harassing a neighbor on repeated occasions. Galliford allegedly struggled with the arresting officer, James M. DeFreze. Galliford was jailed on $500 bail.

Walk into Jerry Arena's new bar and grill and you might be greeted with a question, "Are you a millionaire?"

If the answer's yes, well, Arena's new place on Park Road might not be the place for you.

The Ten Cent Millionaire caters to those of us who want good beer, good food and a place to hang out with good people in an unpretentious atmosphere.

The menu doesn't even fill up both sides of a 5x7 card. It's standard bar grill food -- hot dogs, hamburgers, hoagies, mozzarella sticks, etc.

"What we make, we want to make right," said Arena, pictured right, explaining the limited menu.

It's a full-service bar with mixed drinks, more than half-dozen beers on tap, bottled beer and soft drinks.

Arena has completely remodeled the former hot dog stand, adding a curved bar, new booths, tables, a pool table, dart boards and five televisions.

He said getting the business open was a big job and he wanted to thank all the people who made the Ten Cent Millionaire possible.

Pictured with Jerry are Heather Robinson, left, and Amy Walker.

A passerby reported seeing smoke coming from the second-story window of a white house on Walnut Street in the City of Batavia. No numerics were given. The location was described as being on the "east side of the road, just south of the bend." Firefighters checked the area and initially reported finding nothing. A moment later they reported smoke coming from a vent.

On Friday, the Genesee County Grand Jury issued indictments against four people as follows:

Michele A. Case is accused of grand larceny, 3rd, a class D felony, for allegedly stealing property in the City of Batavia which had a value in excess of $3,000. She allegedly took $14,207.67 from her employer for employee compensation for time and mileage to which she was not entitled.

Grant A. Sundown is accused of criminal mischief, 4th, a class A misdemeanor, after he allegedly grabbed a cell phone out of the hand of a person on April 22 while she was calling 9-1-1 and threw the phone outside of the residence.

In count two of the indictment, Grant Sundown is accused of criminal mischief, 4th, for alledgely ripping the phone cord out of the wall while the alleged victim was on the phone with 9-1-1.

In count three, he is accused of coercion in the first degree, a class D felony, for allegedly trying to stop the alleged victim from calling 9-1-1 by instilling fear in her, saying he would cause her physical injury.

In count four, he is accused of coercion in the first degree by trying to compel the alleged victim to not call 9-1-1, which is her legal right, saying he would attempt or cause her physical injury.

In count five, Grant Sundown is accused of criminal contempt in the second degree, a class A misdemeanor, alleging that on May 25, in the Town of Alabama, he violated an order of protection for the alleged victim.

In count six, he is accused of criminal contempt in the first degree, a class E felony, for allegedly violating a stay away order of protection for the alleged victim. On July 3, he allegedly drove a Ford Explorer into the exterior steps of her residence while she was on the steps in an attempt to hit her.

In count seven, Grant Sundown is accused of reckless endangerment in the second degree, a class A misdemeanor, for allegedly driving a Ford Explorer into the exterior steps of the alleged victim's residence on July 3 while she was on the steps in an attempt to hit her.

In count eight of the indictment, he is accused of criminal mischief in the fourth degree, a class A misdemeanor, for allegedly intentionally damaging the steps of the alleged victim's residence.

Paul F. Atkinson is accused of arson in the second degree, a class B felony, for allegedly intentionally damaging a building by starting a fire on June 13 at 3 Orchard Drive in the Village of Le Roy. According to the indictment, he allegedly did this when another person was inside the building.

Rachellyn G. Burek is accused of identity theft in the second degree, a class E felony. The indictment alleges that between December 2006 and August 2007 in the City of Batavia, she used Time Warner Cable services amounting to $965.41 by using the Social Security number of another person knowingly and with the intent to defraud.

In count two of the indictment, she is accused of attempted identity theft in the third degree, a class B misdemeanor. She allegedly tried to obtain Time Warner Cable services on Feb. 12 in the City of Batavia using the Social Security number of another person knowingly and with intent to defraud.

A two-car accident, believed to be with minor injuries, is reported at 409 Bloomingdale Road on the Tonawanda Indian Reservation. There was air-bag deployment. Alabama Fire Department and Mercy EMS are responding.

UPDATE 3:55 p.m.: One person was transported to Strong Memorial Hospital. All units back in service.

Elba/Byron-Bergen (3-1) rolled over Holley 28-0, with all of the Lancers' points coming in the first half. Zack Gilliard completed 10 passes for 171 yards and two TDs. Matt Ramsey caught three passes, all for touchdowns, and had 107 receiving yards. Zack DuBois had 121 yards rushing. Nate Jonathan led a powerful Lancer defense with 10 tackles and a sack. Brandon Naylor, in only his second game up on varsity, recorded nine tackles, including his second sack of the season and his third forced fumble in two games. Holley is now 1-3.

Alexander played tough again, but came up short in overtime in a 17-14 loss to Notre Dame. Notre Dame, with four wins, remains undefeated on the season. Notre Dame put together its victory with an interception by Tim McCulley and four plays later, McCulley booted a 35-yard field goal. McCulley was 9-18 passing for 95 yards and two TDs. Nick Conklin carried the ball eight times for 56 yards. Nick Taylor had 13 tackles and Doane McCulley had nine and a sack. For Alexander (0-4), Austin Heberlein had 11 carries for 65 yards and Lucas Phillips added 109 yards rushing on 13 carries. Mark Farnsworth completed nine passes for 131. Alexander had 338 total yards compared to ND's 249.

Pembroke dropped to 1-3 with a loss to Attica, 14-6. Wyatt Chittenden gained 107 yards on the ground.

Baker beat Oakfield-Alabama 54-22. The Hornets are now 0-4 on the year.

Le Roy beat Batavia, 48-35 (coverage).

Genesee Region standings:

1. Barker, 4-0
1. Notre Dame, 4-0
3. Attica, 3-1
3. Elba/Byron-Bergen, 3-1
5. Holley, 1-3
5. Pembroke, 1-3
7. Oakfield-Alabama, 0-4
7. Alexander, 0-4

Next week's schedule:

Friday: Batavia at Hornell, 7 p.m.; Oakfield-Alabama at Pembroke, 7 p.m.; Attica at Alexander, 7 p.m.; Perry at Le Roy, 7:30 p.m.

Saturday: Notre Dame at Elba/Byron-Bergen, 7 p.m. The Section V website had the wrong time.  We've confirmed the game is at 1:30 p.m.

Here's a pair of pictures I took on my way back from Elba yesterday morning. The top is on Norton Road near Route 262, Elba, and the bottom is on Bank Street Road, Batavia.

Batavia Downs had a packed house Saturday night for Batavia Rotary Club's annual October Brew Fest and Corvette Raffle.

No word yet on the raffle winner.

More than 150 people turned out in Elba today for the Genesee ARC 5K run and walk race.

The overall winner was Michael Richenberg, of Elba, with a time of 17:45, a course record in the seventh year of the race. It's Richenberg's ninth 5K win of the season.

Fifty-one-year-old David O'Leary was second overall and first in the 50-59 age group with a time of 18:43.

Third overall was Michael Skowkronski, 14, of Rochester, with a time of 20:32. Skowkronski won the 13-18 category. The next best time in that age group was 23:05.

The top female runner was Jill Graney, 26, of Buffalo, at 21:57.

Click on the following links for complete results: Overall Results, Award Winners by Age Group, Complete Age Group Results, Walk Results

If you have trouble viewing the slide show, click here.

The Batavia Blue Devils travelled to Le Roy last night to take on the Knights. It was a close game from the start, with each team scoring a touchdown on its opening possession. Le Roy's offensive line became a key factor early on by creating some huge holes in the defense for Tommy McQuillen to run through, allowing him to run for 336 yards on the night, and score six touchdowns (school record).

Batavia's offense was able to keep the score close for most of the game, however QB Brett Scheuerlein threw three very costly interceptions that may have cost them the game. One was intercepted by Tommy McQuillen, and the other two by Ethan Olsowski. Le Roy's offense scored touchdowns as a result of all three interceptions. Both teams appeared strong, and the game could have easily gone the other way if Batavia had maintained better control of the ball.

In the end, Le Roy came out on top, 48-35.

Andy Lowe and Marcus Mistersare also scored touchdowns for Le Roy. John Difante, James Soggs and Justin Washington scored for the Blue Devils. 

Batavia is now 1-3, and will travel to Hornell next week. Le Roy is 2-2 and will host Perry at home next Friday night.

Five-time Grammy winner Marty Stuart & His Fabulous Superlatives were in Le Roy on Friday night, playing before a capacity ground at Frost Ridge Campground. 

Prior to the show in the open-air theater, Stuart met with fans who had purchased priority VIP passes and signed autographs.

The Superlatives are Paul Martin on bass, Kenny Vaughn on guitar and Harry Stinson on drums.

Previously: Frost Ridge gaining ground as popular venue for country music stars