Tom Lewin is a wanted man.

Lewin, representative of LKLWL Properties, did not appear in Batavia City Court this morning on the matter of alleged code violations at the former Latina's Market property and Judge Robert Balbick issued a warrant for his arrest.

Meanwhile, attorneys for IPTV-B-C-45, LLC, the current mortgage holder on the property at 45 Ellicott St., did appear in court.

Franklin Hiller, attorney for the mortgage company, said that IPTV, not LKLWL as previously indicted by Lewin, hired PestRX to evaluate the gull issue at Latina's and come up with a plan for deal with the issue.

To implement that plan, which was turned over to the court by the attorney for IPTV, will cost IPTV $16,600. It will involve cleaning bird debris off the 41,580-square-foot roof, power washing the sides of the building, cleaning drains and putting in new drain covers, and implementing an "exclusion" procedure to deter the gulls from coming back.

The exclusion method was not specified.

"We intend to put forward our best effort and resolve this issue and put it right with the city," Hiller said.

As mortgage holder -- having only recently been assigned the mortgage, Hiller said --  IPTV has the right to protect its financial interest in the property and insure the building is well maintained.

Without IPTV stepping in now to try and resolve the issue, IPTV could ultimately face a bigger bill down the road.

"The cost of any fines or penalties or the cost of the city's remediation would ultimately come out of the mortgage holder's pockets," Hiller said.

One potential stumbling block is that before PestRX will begin work, Lewin must sign a liability waiver.

Outside of court, another attorney for IPTV, Mary Redmond, said that one way or another, IPTV will handle the issue.

As for Lewin, Judge Balbick wants to see him in court.

"The defendant will answer in my court independent of what you (Hiller) do," BaIbick said. "It’s imperative that this man appear in city court."

City Manager Jason Molino said the city will actively pursue the warrant against Lewin to ensure he appears before Balbick to answer the code violation charges.

Photo: Franklin Hiller, courtesy Geoff Redick, WBTA.

Lucas David Trzecieski, 18, of Broadway Road, Alexander, is charged with criminal trespass, 3rd, and petit larceny. Trzecieski is accused of being on Alexander School property without permission and of stealing latex gloves. A 17-year-old from Attica was also charged.

Jason L. Adams, 66, of Batavia, is charged with assault, 3rd. Adams was arrested by State Police at 5:17 p.m., Wednesday. No further details were released.

After 29 years of driving Western Regional Off-Track Betting, Martin Basinait is stepping down as CEO.

Basinait announced his retirement to the OTB board in a letter yesterday.

His legacy will be the revival of Batavia Downs. It was Basinait who convinced OTB to buy the vacility and bring back horseracing.

Dick Seibert said it was also Basinait who championed the addition of video lottery terminals.

"Horseracing is a declining industry and there's nothing you can do about it," Seibert told WBTA. "Without the VLTs, we would be facing a dismal future. We have a bright future now."

Basinait's resignation is effective in February 2011. The board will now begin the search for a new CEO.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

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.

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin'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.

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.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts,lunches and dinners to Batavians. We have a $20 gift certificate for $10.

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 each.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

A Batavia-based drug dealer admitted in U.S. Federal Court today that he was involved in the distribution of methamphetamine, cocaine and marijuana.

Kenneth Munnings, 44, faces a maximum federal penalty of 20 years in prison and a fine of $1 million after telling U.S. District Judge Charles J. Siragusa that he was guilty of conspiracy to possess, with intent to distribute, illicit drugs, and to distributing them.

The charges stemmed from a joint federal, state and local wiretap investigation that revealed Munnings was responsible for obtaining significant quantities of meth, cocaine and marijuana from a drug-trafficking network in Rochester, according to U.S. Attorney Brett A. Harvey. Harvey said Munnings then redistributed the drugs in Genesee County.

The investigation uncovered Munnings dealings from 2006 through October 2008.

Munnings will be sentenced at 4 p.m., Nov. 1, in Rochester.

A car fire was reported on the Thruway -- the car was being towed by an RV.

The RV driver was reportedly initially unaware of the fire.  He under did eventually pull over at the Batavia off-ramp.

An assistant chief from the Le Roy Fire Department was in the area and heard Town of Batavia Fire being dispatched. He responded and knocked down the fire, which was reportedly under the car.

The motorhome was reportedly traveling along the Thruway for some time with the driver apparently unaware of the car fire.

There is a reported extension of the fire into the console. The vehicle has been disconnected from the motorhome.

Middle-schoolers from all over the county came to Batavia Middle School on Tuesday for the "MST Explorer Camp" (see June 19 article for more information). The camp involved students in hands-on learning activities using math, science and technology.

A 13-year-old race car driver and Batavia Middle School student Val Stephens -- pictured center -- helps with a demonstration designed to give the kids a lesson in aerodynamics:

Kevin Raymond, a teacher in the Keshequa School District and a hot-air balloon enthusiast, talks to the kids about the type of energy that powers hot-air balloons. He shows them how they work, using an ultra-light balloon as an example (keep in mind that about 10 of these could fit into one of the larger ones):

(Inside the balloon)

Batavia Middle School technology teacher Frank Panepento shows them how to go about designing CO2 cars. 

The students designed their own cars, put them in a wind tunnel (in order to determine how much speed they could handle), weighed them and, when they finally had all the necessary data, raced them. The students whose cars fared poorly in the race were simply asked to modify their designs and see what effect their modifications had on the cars' efficiency. 

The Muckdogs return home this Sunday, July 25, for a two-game series with the Williamsport Crosscutters, an affiliate of the Philadelphia Phillies. Game time is 5:05 p.m., with gates opening at 4.

With every Sunday, we’ll once again have Bob Evans Restaurant’s Post Run the Bases with Homer. All kids have the opportunity to run the bases with Homer after the game! Every child who runs the bases will receive a free kid’s meal coupon courtesy of Bob Evans Restaurant.

Monday, July 26, the Muckdogs will once more face the opposing Crosscutters. Game time begins at 7:05 p.m., with gates opening at 6.

Monday offers a Bike Raffle courtesy of the Lion’s Club of Batavia. The Lions Club will be giving away a bike to one lucky boy and one lucky girl. It will also be Muckdog Monday presented by The Daily News, where fans receive a $1 off a general admission ticket with coupon in the Saturday edition of The Daily News.

Monday is also a Knot Hole Gang game courtesy of Turnbull Heating & Air. At every Knot Hole Gang game, members can get a general admission ticket for just $2 and their parents/guardians also receive a $1 off their ticket.

To find out more information on the Knot Hole Gang, check out muckdogs.com.

For tickets, call the Muckdogs Box Office at 343-5454, ext. 1005.

When Ella Gex entered the Army as a nurse in October of 1944, it was because, well, she never considered not joining.

"It just seemed like the right thing to do," she says. "We felt we should. They were asking for nurses, and we were all single."

The "we" she is referring to is her graduating class at nursing school. Gex, now 89 and a resident of Elba, was born and raised outside of Detroit. Upon graduating from high school in 1939, she attended the Grace Hospital School of Nursing. In 1944, she joined the Army Nurse Corps.

"When we graduated (from nursing school), over half our class went into the service," she says. "We had decided that we would all go in together. We thought we would go in as a unit, but of course we didn't."

In March 1945, Gex was stationed at Vaughn General Hospital in Chicago, and in April she was sent to Fort Riley, Kansas, where it was determined who would be stationed where. Later that month, Gex's unit sailed from San Francisco to the Philippines. They arrived in Manila on May 17, 1945.

"I remember sailing under the Golden Gate Bridge," she says. "We suddenly realized we didn't know when we were coming back."

Gex's unit was stationed at the 315th General Hospital in the Philippines. While there, she also rotated temporary duty at the 89th Field Hospital, where she cared for casualties.

"It was my first time outside of North America, but you couldn't see too much of the [Filipino] culture because it was all banged up. I don't think they had a lot of amenities like we had, no electricity. There were generators at the hospital."

Despite the distance, she managed to remain close with some of her nursing school friends who were stationed elsewhere. She laughs, recalling one particular gift sent from a friend stationed in France.

"She sent me some Chanel No. 5 and it caused quite a stir at the camp. I was down at the 8th Field Hospital at the time, and the mail would only come once a week. The perfume was cream, and it sat there in the heat for a week and stunk up the whole camp. It was solid, but it just permeated. I felt sorry for those poor guys smelling Chanel No. 5."

When Gex left the Army in December 1945, she had earned four medals: one overseas bar, a Philippines Liberation Medal, an Asia-Pacific Campaign Medal with one Bronze Service Star, and a WWII Victory Medal.

After returning from Army duty, she went back to work at Grace Hospital for four years.  In 1949 she enlisted in the Navy Nurse Corps and received a promotion to Lieutenant, J.G. She reported to Bethesda Naval Hospital in Maryland in October. While working there, she cared for many distinguished patients such as General Alexander Vandegrift, Fleet Admiral Earnest King, and her future husband, Navy pilot Don Gex.

"I would have liked to stay in the Navy," she reflects. "I really liked it. I loved the people that I met. Those friendships stay forever."

She shows me an old photograph of the Navy version of herself smiling next to two other nurses. "We were The Three Musketeers. Elaine was killed around 1960, but Ruthie and I still call each other two or three times a year."

Upon getting married, Gex left the Navy and moved to Greenwich, Connecticut, with Don (who was still enlisted), where they raised their children. However, after the death of her husband, she went back into nursing and spent 17 years with the American Can Company doing physical exams for coorporate officers.

She now lives in Elba, near her daughter and son-in-law, veterinarians Fran and Norm Woodworth.

When asked the differences between military nursing and regular nursing, she explains, "I think that (as a military nurse) you had more responsibility -- no, actually, I can't say that, because every life is just as important whether you're in the military or not. But the (military) nursing staff was just young kids who were given some medical training. You had more authority. But when it really comes down to it, no matter what, the care of the patient is still the primary thing."

A possible structure fire is reported at 27 E. Main St. in Le Roy, near Trigon Park. The caller reports the smell of smoke but nothing visible. Le Roy Fire and a medic are responding. A Bergen fire truck is also called.

UPDATE (1:45 p.m.): The Bergen truck is not needed. The residents of the apartment are not home, but firefighters checked the apartment and found nothing. However, a zoning officer is en route to inspect the premises.

UPDATE (2 p.m.): Le Roy medic is back in service. Le Roy Fire is also, having turned over the scene to the code enforcement officer and the property manager.

Cara L. Skye, 22, of South Loop, Steamburg, and Stormy Skye, 18, of Skye Road, Basom, are accused of being involved in an altercation at 4:14 a.m., Wednesday, in the area of Council House Road and Meadville Road, Town of Alabama. Cara Skye is accused of punching a woman and taking away her mobile phone while she was attempting to call 9-1-1. Cara Skye's brother, Stormy Skye, allegedly took the phone and smashed it on the roadway. Cara Skye is charged with robbery, 3rd. Stormy Skye is charged with criminal mischief, 4th. The investigation is continuing and additional arrests are anticipated. The investigation is being handled by Deputy Kevin McCarthy, Inv. Roger Stone, Inv. Kris A. Kautz, Inv. Timothy Weis and Juvenile Officer Christopher Erion.

Michael C. Hill Jr., 18, of 25 Bacon St., Le Roy, is charged with one count of criminal possession of a weapon, 4th. Sgt. Timothy Hayes and Det. John Condidorio investigated a report of a disturbance in Mill Street Park. It was alleged that Hill was at the park discussing an issue with another person. The talk became heated and Hill allegedly pulled out a four-inch hunting knife. Somehow, Hill was disarmed. The police were called. The knife was located in Oatka Creek.

Michael J. Hilton, 19, no permanent address, was picked up by Le Roy Police on a bench warrant for alleged failure to comply with terms of his release. Hilton previously pled guilty to burglary, 3rd. Hilton was jailed pending an appearance in Genesee County Court.

James M. Alvut, 46, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Alvut was stopped by State Police at 5:15 p.m., Tuesday, on Bank Street Road, Batavia.

A 16-year-old Elba resident is charged with disorderly conduct and obstructing traffic. The youth was arrested by State Police for an alleged incident in Elba at 9:07 p.m., Saturday. No further details were released.

A car has rolled over on the Thruway in the area of mile marker 403.3, eastbound.

Pembroke and Indian Falls and Mercy EMS dispatched.

A caller saw a vehicle on the shoulder on its roof.

Unknown injuries.

UPDATE 10:27 p.m.: First responders are not finding any signs of an accident.

UPDATE 10:29 p.m.: There is a trailer parked off the side of the Thruway and responders are thinking that the caller may have mistaken it for a rollover. Emergency responders being put back in service.

UPDATE 6 p.m.: Picture of Main and Bank streets about 10 minutes ago, when a storm cell passed over Batavia. Within minutes, the skies started to clear and the rain stopped. There may be more on the way. There is a report of a traffic light being stuck in red in one direction and green in another at Oak Street and Richmond Avenue as well as at Oak and the Thruway. There was a report of wires down on Walnut, but that turned out to be cable wires and not in the street. So far, it sounds like the parade at the Genesee County Fair is going to go ahead as scheduled.

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A tree is down and completely blocking North and State Street roads in Elba. Elba Fire Police are responding to shut down traffic.

There are minor power outages near Byron. The largest effects 11 customers in the Gillette Road area.

About 19 residents are without power in the area of Hawes Road.

The severe thunderstorm watch has been updated.

SEVERE THUNDERSTORM WARNING FOR... EAST CENTRAL GENESEE COUNTY IN WESTERN NEW YORK, EXTREME NORTH CENTRAL LIVINGSTON COUNTY IN WESTERN NEW YORK, SOUTHWESTERN MONROE COUNTY IN WESTERN NEW YORK.

* UNTIL 6:15 P.M. EDT.

* AT 5:10 P.M. EDT...NATIONAL WEATHER SERVICE DOPPLER RADAR INDICATED A LINE OF SEVERE THUNDERSTORMS CAPABLE OF PRODUCING QUARTER SIZE HAIL...AND DAMAGING WINDS IN EXCESS OF 60 MPH. THESE STORMS WERE LOCATED ALONG A LINE EXTENDING FROM CALEDONIA TO FIVE MILES NORTHWEST OF LE ROY...OR ALONG A LINE EXTENDING FROM 13 MILES SOUTH OF BROCKPORT TO SEVEN MILES EAST OF BATAVIA...AND MOVING EAST AT 10 MPH.

* SOME LOCATIONS IN THE WARNING INCLUDE... LE ROY AND CALEDONIA.

Yokohama Tire took over a portion of the Batavia Downs parking lot today so tire dealers from throughout Western New York could come to town and test drive Mini Coopers equipped with Yakohama's high performance tires. Dealers and their employees were able to drive a course and see how different tires performed. They also tried to beat the best times.

There's a severe thunderstorm watch in effect for Genesee County, but there's also only a 40 percent chance of participation in Batavia.

What looks like, from the radar, a big storm cell just passed to the north of us (possibly dumping rain on the north parts of the county), and there are more cells moving west to east.

The watch is in effect until 8 p.m.

UPDATE 4:51 p.m.: A flood warning as been issued for the norther parts of Genesee County:

AT 432 PM EDT RADAR ESTIMATED GREATER THAN 3 INCHES OF RAIN HAS FALLEN IN NORTHERN PORTIONS OF GENESEE AND SOUTHWESTERN PORTIONS OF MONROE COUNTY. SHOWERS AND THUNDERSTORMS WILL CONTINUE TO RIDE ALONG A LAKE BREEZE BOUNDARY...WITH ADDITIONAL RAINFALL OF UP TO AN INCH POSSIBLE BETWEEN 430 AND 600 PM. THE HEAVIEST RAIN IS EXPECTED TO GRADUALLY SLIDE SOUTH AND WEAKEN THROUGH THIS EVENING.

* EXPECT SOME AREA ROADS TO BE CLOSED DUE TO HIGH WATER. SOME STREAMS AND DRAINAGE DITCHES WILL ALSO RUN HIGH THROUGH THIS EVENING. WHILE RAPID RISES ON STREAMS AND CREEKS ARE NOT EXPECTED...HIGH WATER WILL LIKELY RESULT IN ROAD CLOSURES. THOSE COMMUTING IN NORTHERN GENESEE COUNTY SHOULD BE ALERT FOR HIGH WATER AND ROAD CLOSURES

Andrew S. Novak is indicted on a felony count of DWI and a felony count of driving with a BAC of .08 or greater. Novak is accused of driving drunk on March 14 on Linwood Road in the Town of Le Roy.

Ronald Carney received a "no bill" from the Grand Jury on charges of burglary, 2nd, and criminal trespass, 2nd. The charged stemmed from an incident in Le Roy on Jan. 23. A "no bill" means the Grand Jury found insufficient evidence to sustain the charges.

(Updated 12:57 p.m.)

A 20-year-old Batavia man is accused of selling cocaine to an undercover agent from the Local Drug Enforcement Task Force in 2009.

Dyllon E. Soccio, of 124 Tracy Ave., was taken into custody yesterday.

He is charged with criminal sale of a controlled substance in the third degree.

Soccio's arrest was part of an investigation into trafficking cocaine in the Batavia area.

Chief Deputy Jerome Brewster said Soccio, who grew up in Batavia, has been a person of interest to the Sheriff's Office for about three years.

On June 23, the Local Drug Enforcement Task Force raided Soccio's home and reportedly seized a quantity of drugs, including what Brewster characterized as a substantial amount of mushrooms.

"He was quite diversified," Brewster said.

Charges stemming from the June 23 arrest include criminal possession of a controlled substance, 4th, criminal possession of marijuana, 2nd, and three counts of criminal possession of a controlled substance, 7th.

He was arraigned in City Court and released under supervision of Genesee County Justice.