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Social Services announces arrests of four people

By Howard B. Owens

Joshua Carney, 33, and Holly Carney, 27, both of 64 Spencer Court, Batavia, are changed with several felonies following an investigation by the Department of Social Services. Joshua Carney has been charged with nine counts of offering a false instrument for filing, 1st, and one count of grand larceny, 3rd. Holly Carney is charged with 11 counts of offering a false instrument for filing, 1st, and one count of grand larceny, 3rd. DSS investigators alleged that the Carneys failed to report commission income from his employer. The alleged failure to report the income meant the Carneys received $14,017.14 in food stamp and medicaid benefits from May 1, 2008 to June 30, 2010 to which they were not entitled. They were taken into custody by Deputy Chad Minuto and arraigned in Batavia Town Court.

Brandy Miller (aka Brandy Osmancikli), 37, of 2093 Lewiston Road, Basom, is charged with four counts of offering a false instrument for filing, 1st, and one count of petit larceny.  Miller is accused of failing to report income from March 11, 2010 to May 27, 2010. She allegedly received $612 in food stamp benefits to which she was not entitled.

Jamie Hamill, 33, of 4311 Lockport Road, Elba, is charged with grand larceny, 4th, and three counts of offering a false instrument for filing, 1st. Hamill is accused of submitting forms to DSS without revealing that her husband was employed full-time. Hamill allegedly received $542.41 in temporary assistance benefits and $661 in food stamps to which she wasn't entitled between July 2009 and November 2009.

County budget also includes lower pay for legislators

By Howard B. Owens

One of the spending cuts in the Genesee County budget that has been overlooked in coverage of other proposed cuts is that legislative members themselves are taking a pay cut.

For eight legislators, their 2010 pay of $11,468 is being cut to $10,895 in 2011. For the chair of the legislature, pay is being cut from $15,090 to $14,337.

Human Resources Director Karen Marchese said privacy laws prevent information from being released on health insurance compensation for legislators. Only three members are enrolled in the county coverage plan.

UPDATE: The expense for health insurance coverage for legislators, which included "buy back" (for coverage supplied by legislator's spouses) is $39,900.

Seeking applicants for Consolidated Charter Task Force

By Billie Owens

The Town of Batavia and the City of Batavia are still looking for candidates to be appointed to the Consolidated Charter Task Force.

The deadline to apply is this Friday, Dec. 10.

It will be responsible for preparing a revised City Charter to continue the joint effort by the town and city to investigate the possibility of consolidating the town and city into one Batavia.

The Consolidated Charter Task Force, with the assistance of a facilitator, will be expected to draft a Consolidated City Charter, to be reviewed by the public, town board and city council.

The selection process for the Consolidated Charter Task Force shall consist of interviews conducted by an Interview Committee consisting of three town board members and three city council members. Upon the Interview Committee's recommendations, the town board and city council will jointly appoint the Consolidated Charter Task Force.

It will consist of four town residents and four city residents. All task force members must be at least 18 years old.

Individuals in the following categories shall not be considered for inclusion on the task force: all members of the town board and the city council; all members of the planning boards and the zoning boards of appeals for both the town and the city; all employees of the town and the city and the spouses of any individual in the above categories.

Applications for the Consolidated Charter Task Force are available at the Town Clerk's Office, 3833 W. Main St. Road, in the Town of Batavia, and at the City Clerk's Office, One Batavia City Centre, in the City of Batavia.

Applications can also be downloaded from the town website: www.townofbatavia.com or the city website: www.batavianewyork.com.

Applications must be returned to the Town Clerk's Office or the City Clerk's Office. The deadline is Friday, Dec. 10.

Report: Don't sell the nursing home

By Howard B. Owens

Keep it. At least for now.

That's the recommendation of a consultant hired by Genesee County to study the legislature's options for dealing with the increasingly expense-draining county nursing home.

Rochester-based Center for Governmental Research turned over a report this week to the county that said it's not a good time to sell public facilities and the county may not achieve sufficient returns from such a sale.

Genesee County faces an aging population, continued rising expenses and an uncertain future of federal funding for the nursing home. Those same factors would likely keep down the price a private buyer would be willing to pay for the home.

And the county would lose control of the facility and have no recourse if a private owner no longer used the home as a "safety net" for disadvantaged seniors.

There are numerous problems for the home going forward, CGR concludes, and recommends a number of changes in operation of the home.

It also recommends establishing a Nursing Home Board to oversee the operations of the home.

The full 121-page report is available by clicking here.

Support, history of Genesee Justice motivated director to ensure division saved

By Howard B. Owens

Ed Minardo will be out of a job come Jan. 1, but Genesee Justice will carry on.

"It was certainly in my mind, 'Not on my watch,'" Minardo said after learning that County Manager Jay Gsell would recommend to the legislature that Minardo's plan to cut staff hours and eliminate his own job be approved.

And the legislature did just that Monday evening.

"I didn't want to see Genesee Justice and the great history of Judge Call (former Sheriff Doug Call) and Dennis (Wittman, founding GJ director), and the love and caring they put into it, evaporate into a memory."

Minardo said he was also motivated by the firm support Genesee Justice received from the legal community, including defense attorneys, prosecutors and judges.

"That's one of the things that made me fight so hard," Minardo said. "There was an unprecedented outpouring of support from what is supposed to be a formal legal community. The were going outside their comfort zones to express appreciation for the programs we run and the good work of our staff."

With approval of the labor union representing staff at Genesee Justice signing off on the plan to reduce work ours, Gsell was apparently able to find enough cost savings to make Minardo's plan "budget neutral," meaning it won't increase expenses for the county.

When Gsell first presented his draft budget to the legislature, it called for closing Genesee Justice as a division of the Sheriff's Office and moving many of its functions to the probation department.

At a public hearing, members of the legal community and crime victims assisted by Genesee Justice came forward and encouraged the legislature to protect the pioneering restorative justice program.

Next up for Minardo: Put together a non-profit foundation that will raise money to fill the budget gap for full Genesee Justice operations, including reinstating his job as director.

Previous Coverage.

Young woman says agreement reached with driver who allegedly hit her car

By Howard B. Owens

A driver who allegedly hit a young woman's car at Prole Road and Route 33, Stafford, on Oct. 10, has agreed to help pay for her new car, she said this morning.

Danielle Lovett, who used The Batavian to appeal to the community to help find the alleged hit-and-run driver, e-mailed us this morning and said the driver was apparently identified and he will pay her $500 deductible on her insurance. Her car was totalled in the accident, she said.

Chief Deputy Gordon Dibble confirmed that the Sheriff's Office arrested William Pitcher, 64, of Thomas Avenue, Batavia. He was charged on Oct. 24 with failure to yield the right-of-way at a stop sign and leaving the scene of a property damage accident. 

Pitcher's car was apparently spotted by a reader parked at a local auto body shop within 20 minutes of the post going up on The Batavian and notified Lovett of the location.

Christmas in the schools, part 1

By Daniel Crofts

I'm on another trip around the county, this time for footage of school Christmas concerts.

I decided to do three or four shorter videos this time, instead of one big video with all the school concerts packed together (see Spring concerts article). This way, I can include more of the performances from each school.

The first video includes concert footage from Notre Dame High School, Dorothy B. Dunce Elementary (Pavilion), Jackson and St. Joseph schools. Jackson and St. Joe's performed at "Christmas in the City" on Friday.

My apologies to Jackson for only including a few songs. This was a shorter concert.

More to come!

Weather: Lake effect snow advisory in place until 7 p.m.

By Howard B. Owens

The National Weather Service says some lake effect snow should hit Genesee County between now and 7 p.m.

The chance of snow this afternoon is about 80 percent.

There's some chance of snow tomorrow, and it should be partly cloudy on Thursday.

Photo: Kibbe Park mid-morning today.

Garage fire reported on Herkimer Road, Darien

By Howard B. Owens

A garage fire has been reported at 1210 Herkimer Road, Darien.

Darien Fire with mutual aid from Alexander Fire responding.

A chief on scene reports the garage is fully involved.

The garage is not attached to any other structure.

UPDATE 10:23 p.m.: Fire knocked down.


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Truck and car collide on Thruway

By Howard B. Owens

A tractor-trailer and another vehicle are reportedly involved in a traffic accident on the Thruway in the area of mile marker 394.1 in the westbound lane.

East Pembroke Fire and Mercy EMS dispatched.

UPDATE 10:51 p.m.: Everything's off the road. One minor injury. Responding units can proceed carefully.

Car crash blocks traffic on Ross Street

By Billie Owens

A two-car property damage accident, which is blocking the roadway, is reported at 288 Ross St. in the City of Batavia.

City fire is responding.

UPDATE 8:35 p.m.: Mercy EMS is asked to respond in nonemergency mode to evaluate two children involved in the accident.

Pole arcing on Center Street, Batavia

By Billie Owens

A utility pole is reported to be arcing at 33 Center St. in the City of Batavia.

City fire is responding. The location is between School and Ellicott.

Tractor-trailer and car crash on Thruway at Pembroke exit

By Billie Owens

A car and tractor-trailer accident is reported on the Thruway, eastbound, at the Pembroke exit.

The tractor-trailer jacknifed and the car is underneath. But the car's driver is out and walking around. No injuries are reported.

The eastbound on-ramp lane is blocked and is shut down.

Indian Falls Fire Department and Mercy EMS are responding.

UPDATE 11:28 a.m. (by Howard): The truck still wasn't cleared of the scene this morning. Kevin Switzer sent in this picture.

Stepmother sentenced to 20 years in death of Baby Andrew

By Howard B. Owens

UPDATED 6:39 p.m.

ELMIRA -- If Melissa Engelhardt spends the full 20 years in state prison that Chemung County Judge Peter C. Buckley sentenced her to today, her own two children will be young adults when she's released.

Kristen Cianfrini, the mother of Andrew Cianfrini, the 21-month-old killed by Engelhardt on Nov. 10, 2009, told Buckley -- the woman who once pretended to be her friend, but then tried to pin Andrew's death on her -- should spend the rest of her life in prison.

In a statement to Buckley, Kristen called Engelhardt evil and heartless and said that Engelhardt planned the death of Andrew in order to end child support payments being taken from her husband's paycheck.

“Please don’t feel sorry for Melissa," Kristen said. "She has no sorrow, no heart, no nothing. She knew exactly what she was doing when she killed my baby boy. Melissa is a cold, heartless, selfish murderer.”

In October, in a non-jury trial, Buckley found Engelhardt guilty of manslaughter, but did not convict her of murder, saying that he didn't find enough evidence to indicate she intended to kill Andrew, only make him sick.

The Cianfrini family has expressed concern that Buckley, who has a reputation of being a liberal judge, would give Engelhardt far less than the maximum of 25 years prison time for the manslaughter conviction. The minimum sentence was five years.

After leading off with a lengthy mental history of Engelhardt -- 14 different foster homes, about a dozen different mental heath prescriptions over the years, several terms of hospitalized mental health care, a childhood of physical and sexual abuse, and years of untreated substance abuse -- it appeared Buckley was heading toward a lenient sentence.

"Your history shows that when you stop taking your medication, your behavior and decision making suffers, leading to a regression and poor judgment," Buckley said. "The crime of giving Andrew Cianfrini methanol in the form of windshield wiper fluid in his sippy cup was committed when you were not taking any medication and exercising a poor decision process causing the death of an innocent child."

When he told Engelhardt she would do 20 years in prison, followed by five years of supervised probation, the 24-year-old killer looked toward the ceiling (picture above) and supporters of the Cianfrini family -- more than a dozen people -- applauded.

After the courtroom cleared, Engelhardt could be heard in a back office of the court bawling and wailing.

During their statements, Chief Assistant District Attorney John R. Thweatt and defense attorney Nancy Eraca-Cornish re-argued their cases.

Thweatt tried to drive home the point that Engelhardt had to know that her actions would lead to Andrew's death.

"She knew enough to take the sippy cup and dump out the methanol and replace it with water," Thweatt said. "She knew enough afterward to try and shift the blame to Andrew’s mother. She knew enough to get her husband to try and reinstall the operating system on her computer in order to hide what was on it. All of that bespeaks some level of sophistication and intelligence and forethought and planning that can’t be explained adequately by saying she only had a GED or she wasn’t on her medication."

It was important, Thweatt said, for Judge Buckley to send a message to the community that she can't get away with her actions.

“The message should be that here in Chemung County that you’re going to forfeit the balance of the rest of your life for the death that you have caused," Thweatt said. "We are very concerned that this message is getting lost in this case.”

Eraca-Cornish countered that the prosecution had every chance to make a case for a more serious charge and didn't. And as far as sending a message, she called out the DA's office for inconsistency, she said, in pleading out another case of a mother suffocating an infant and getting only six months in jail.

And as she did at trial, Eraca-Cornish pointed to Engelhardt's lack of education and low IQ -- saying it is only a 91.

“She is not now nor has she ever been high functioning, Eraca-Cornish said, adding later that evidence showed she researched online the effects of methanol on people. ”We don’t even know for how long she viewed those screens or whether she even understood what she saw on those computer screens.”

As for the idea that Engelhardt isn't remorseful, Eraca-Cornish, said she is remorseful. She didn't cry in court during the trial, she said, because that would be highly inappropriate. She expressed remorse to the judge in a letter, the attorney said.

“She has suffered," Eraca-Cornish said. "Has she suffered as much as the Cianfrini family? Absolutely not. But she has suffered.”

When offered a chance to speak, Engelhardt told Buckley that she will never forgive herself.

“I was not fully medicated and stable enough to see my errors," she said.

When Jean Cianfrini, Andrew's grandmother, spoke to Buckley, she recalled in detail the reaction of the family to news of Andrew's death. As she spoke, supporters in the gallery began to sob.

She spoke at length about how Kristen's 7-year-old son has been devestated by his baby brother's death.

" 'Sometimes he irritated me, but I miss him,' " Jean recalled the boy saying once.

She said a day doesn't go by, more than a year later, that the boy doesn't talk about Andrew.

"He questions if there are children in heaven and if God plays with them, and if Andrew is not in heaven, will God send him back?” Jean said.

Outside court, Kristen had nothing good to say about Melissa Engelhardt, but indicated she was satisfied with the sentence.

"It's not 25 years. It's not life," said Kristen. "At least she will be in long enough that her children won't know her and hopefully when they get older they won't want anything to do with her."

Asked what she would say to Engelhardt, if she could, "I hope you rot and burn in hell," Kristen said. "I know my boy is haunting you every day of your life."

George Engelhardt, Andrew's father and Melissa's now estranged husband, also made a brief statement to the media.

"I don't think 20 years is enough," he said. "I'm just glad she will never see her children, my children, again. Her name is Melissa Miller. It's not Engelhardt, so, that's going to switch here quickly."

Photos: Top, Melissa Engelhardt reacts to the verdict. First inset, Melissa Engelhardt entering the court room. Second inset, Judge Peter Buckley. Third, George Engelhardt (father of Andrew). Bottom, John (grandfather) and Kristen (mother of Andrew) Cianfrini.

Genesee Justice likely to be spared, says county manager

By Billie Owens

Genesee County Manager Jay Gsell has told WBTA that the Civil Service Employees Union has agreed to a pay cut for Genesee Justice employees.

He also said that Genesee Justice Director Ed Minardo's proposal is "revenue neutral" and therefore likely to be approved by the county legislature when it meets this afternoon.

Minardo has offered to give up his job as head of GJ to help save the organization.

More weather-related accidents

By Billie Owens

Three cars got into an accident at 439 E. Main St. in Batavia. One is stuck in the roadway, two went into a ditch -- but one of those just managed to get out of it.

Batavia fire and Mercy EMS responded.

No injuries are reported.

In an another accident, one car crashed at the Oak Street turnabout. No injuries.

Police Beat: Trio of youths accused of breaking into cars in Le Roy

By Howard B. Owens

A 17-year-old from Le Roy and a 16-year-old from Stafford are charged with petit larceny, trespass and conspiracy, 6th. The two youths were allegedly observed by officers Robert Tygart and Emily Clark of the Le Roy Police Department running through backyards on Hilltop Drive. The two youths were allegedly going through vehicles in the area and taking items from the cars. The suspects were located by following footprints in the snow. A 15-year-old was also involved and he was referred to Family Court. (Note: In most cases The Batavian does not release the names of youths under 18 involved in minor crimes. In this case, the Le Roy Police Department did not release the names.)

Alissa A. Fodge, 21, 7705 W. Bergen Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and speeding. Fodge was stopped at 3:25 a.m., Saturday, on Ellicott Street by Officer Kevin DeFelice.

Martin F. Jones, 39, of 10 S. Main St., Batavia, is charged with harassment, 2nd. Jones is accused of striking a woman at her residence on Spencer Court.

Jamie Marie Hamill, 33, of Lockport Road, Elba, is charged with grand larceny, 4th, and offering a false instrument for filing, 1st. Hamill was arrested following an investigation by Genesee County Social Services stemming from an incident first reported in June 2009.

Top Items on Batavia's List

City of Batavia, NY Position: Full-time Building Maintenance Worker. Salary: $20.60 - $24.45/hour. The City of Batavia is accepting applications for one full-time Building Maintenance Worker. The work involves a variety of mechanical and other building maintenance tasks. Applicant must have a minimum of two years of full-time paid experience in general building construction or maintenance work, or an equivalent combination of training and experience indicating ability to perform the duties of the job. Civil Service applications may be obtained at City Hall in the Human Resource Department. Please send completed applications to Teri Dean, Employee Payroll/Insurance Clerk, One Batavia City Centre, Batavia, NY, or via email to tdean@batavianewyork.com by September 20, 2024. Background check, psychological assessment, and physical/drug testing required. Candidate must become a resident of the County of Genesee or any adjacent town to the County of Genesee within 6 months of the date of conclusion of the probationary period for the City of Batavia. EEO
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