Anthony Nicosia Jr., of Oakfield, agreed to a plea deal in Genesee County Court today, admitting that he twice had sexual contact with a 16-year-old boy last spring in the Town of Oakfield.

The 55-year old Nicosia pleaded guilty to two felony counts of third-degree Criminal Sexual Act. Under terms of the deal, two counts of Forcible Touching and one count of Endangering the Welfare of a Child were dropped.

Nicosia has no prior felony convictions affecting this sentence. He faces up to eight years in prison on consecutive four-year sentences stemming from the charges, up to 10 years probation and must register as a sex offender.

An order of protection was logged for the 16-year-old victim. Nicosia remains imprisoned until his Nov. 23 sentencing. Bail is $15,000 cash or $30,000 bond.

UPDATE: I spoke with Judge Robert Noonan to get a definitive answer on the sex offender registration issue. Noonan says he almost always imposes fees -- like sex offender registry fees or DNA Databank fees -- at sentencing, in case the legal organizations that follow sentencing need to administer or re-administer those services.

For example, if a defendant has already contributed to the DNA Databank due to a prior conviction, that defendant will not need to go through the DNA Databank process again. The State Department of Corrections is later authorized to waive the DNA Databank fee imposed at sentencing.

So, Judge Noonan told Nicosia yesterday that he may impose the Sex Offender Registration fee at sentencing. Noonan says the fee may be required to reclassify sex offenders to a higher level. However (upon closer examination), Nicosia is a Level 3 Sex Offender, the highest level possible. Therefore, he cannot be reclassified to any higher level. So, even if the judge imposes the registration fee at sentencing, it would likely be waived later by the Department of Corrections.

Forty-two-year-old Paul F. Atkinson, of LeRoy, appeared in court today, noticeably limping as he entered courtroom. Atkinson entered a plea of "not guilty" to the charge of felony second-degree Arson.

Atkinson was originally arrested in June, following a destructive fire at his father's Orchard Drive home. Atkinson allegedly admitted to police at the time that he had torched the house after a late-night argument with his father. Atkinson had also written on his Facebook page that night: "Everyone can go to hell, tired of this life."

Public Defender Gary Horton today did not issue any appeal to Atkinson's high bail count. He remains in jail in lieu of $50,000 bail.

Atkinson will return to court on Nov. 14.

Kayla M. Tyoe, 22, of Market Street, Attica, is charged with driving while ability impaired by drugs, parking on pavement/roadway and no seat belt. Deputy Ron Meides was dispatched at 8:35 a.m., Monday, to a complaint of a car parked in the middle of Colby Road, Darien. Upon arrival, Meides reportedly found Tyoe sleeping in the driver's seat. A male was sleeping in the passenger seat, according to Meides. It was determined, Meides said, that Tyoe was "driving under the influence of some type of drug."

Benjamin Wiliam Muntz, 22, of Knowlesville Road, Alabama, is charged with attempted petit larceny and trespass. Muntz is accused of being on property in Byron without permission and attempting to steal items from the property.

Michael Abdullah Jamil, 27, of School Road, Byron, is charged with criminal contempt, 2nd. Jamil is accused of violating an order of protection by allowing his girlfriend and son to stay at his residence. Jamil was jailed on $500 bail.

Randy K. Wilmet, 34, of 75 Franklin St., Batavia, is charged with criminal mischief, 4th, and obstructing governmental administration, 2nd. Wilmet is accused of damaging property inside the apartment of another person. Wilmet was arraigned in Batavia City Court, where he allegedly refused to comply with police officers' orders and had to be physically removed from the court and restrained. Wilmet was jailed on $3,000 bail.

Martin F. Jones, 40, no permanent address, is charged with four counts of petit larceny. Jones was arrested on a warrant. He is accused of stealing beer from an Ellicott Street business on four separate occasions. Each incident was reportedly recorded by surveillance cameras. Jones was jailed on $1,000 bail.

Batavia PD is looking for information on three individuals suspected of being involved in a theft and an attempted fraud locally.

The three individuals may also be suspects in similar thefts at hospitals and colleges from Geneva to Buffalo.

In the local case, a male subject wearing a white T-shirt and a necklace went into UMMC at 11:30 a.m., Sept. 11, and stole a wallet from a purse belonging to an employee.

The suspect was driven to the hospital in a maroon four-door sedan (possibly a Ford Fusion).

The male suspect and two female suspects allegedly used the victim's credit cards at a local business.

The three suspects are described as African-American and in their early 20s.

Anybody with information that may assist in the investigation can call the confidential tip line at (585) 345-6370.

The week 3 winner was Joseph Duganier. While Duganier's pick, Carolina, had only the fourth-best defensive stats in Week 3, Carolina was #1 among the 10 teams available for picking in the contest. Duganier wins for four free large subs.

Two suspects have been taken into custody in connection with a pair overnight burglaries on Williams and Swan streets, according to Batavia PD.

Police are investigating whether the pair were involved in other recent residential burglaries.

On Tuesday, the alleged burglars entered occupied residences on Williams Street and Swan Street in the early morning hours.

Take into custody shortly after the first reported burglary, at 2:09 a.m., on Swan Street, was Kurt H. Hawkins Jr., 18, who has no permanent address. Hawkins was charged with burglary, 2nd.

Hawkins was located in the area of Williams and Ellicott streets shortly after a homeowner reportedly observed the suspect in his residence. Hawkins reportedly initially tried to flee from police and was taken into custody after a foot chase.

While police were investigating the Williams Street burglary, police received a report of a residential burglary in progress on Swan Street.

The alleged burglar fled the residence and could not be immediately located. Investigators indicate that evidence led them to Michael J. Hilton, 20, no permanent address.

Both Hawkins and Hilton were jailed without bail.

Both Hawkins and Hilton are suspected in other recent residential burglaries and additional charges may be pending.

Top photo, Hawkins; bottom photo, Hilton.

The final games of another great season of Tri-Town Youth Athletics soccer were held on Monday night.

The Tri-Town Youth Athletics program was rejuvenated this year with the induction of new President Wade Smith and Vice President Lisa Lyons. The snack bar was always open, and fundraising helped offset rising costs allowing more families to participate than ever.

Capping off what was mostly a rain-free and fun-filled season was the traditional pizza party, this year sponsored by Breton Construction.

For further information on the Tri-Town Youth Athletics Association and upcoming basketball sign-ups, please contact Wade Smith at 585-345-0665 or 585-201-1357.

More pictures from the year can be found at Francletography.com

Press release:

County delegates from across the state recently elected the Chair of the Genesee County Legislature Mary Pat Hancock to serve as president of the New York State Association of Counties (NYSAC) during their annual meeting.

“Chairwoman Hancock has proven to be a wise voice on the NYSAC board and a committed advocate for counties. We are pleased our members have elected her to serve in this leadership capacity,” said NYSAC Immediate Past President William Ryan, a Westchester County legislator.

“I am honored to serve as president and to continue the work which is necessary to address the serious challenges we face,” said the Honorable Hancock. “Implementing an effective property tax cap, redesigning Medicaid and improving the process for State reimbursement to counties for delivering state services locally will be our top priorities.”

Hancock has served on the Governor’s Task Force on Local Government Reform, and is a 2002 recipient of the New York State Senate Women of Distinction Award. She currently serves on the Genesee Finger Lakes Regional Planning Council and is chair of the Genesee Transportation Council.

“New York county leaders are facing unprecedented challenges in governing and we are fortunate to have Mary Pat Hancock of Genesee County to dedicate her talent, passion and commitment in a leadership position,” said NYSAC Executive Director Stephen Acquario.

The New York State Association of Counties is a bipartisan municipal association serving all 62 counties of New York State, including the City of New York. Organized in 1925, NYSAC’s mission is to represent, educate and advocate for member counties and the thousands of elected and appointed county officials who serve the public.

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.