batavia

BATAVIA, NY -- Contrary to the perception that might be out there, there is no "for sale" sign hanging on the Genesee County Nursing Home.

That doesn't mean the county couldn't seek a buyer, but according to County Manager Jay Gsell, the only thing the county is doing right now is looking for a consultant to help it study options for dealing with escalating costs associated with the home.

One of those options is sale, which is what has former legislature candidate Chris Charvella so concerned.

Charvella has been drafted to organize and speak for a group of concerned citizens -- including some residents of the home -- seeking to block any possible sale, even before the option is fully studied.

"I realize it's not set in stone," Charvella said. "But our county government has a history of looking for sale as the first option rather than fully considering other options."

The local businessman is pretty convinced that given the option, the legislature would seek a buyer for the home pretty quickly.

"The County Legislature's first duty is to the taxpaying citizens and this is an essential service," Charvella said. "We have people who pay taxes here their entire lives and expect this safety-net option."

Human Services Committee Chairwoman Esther Leadley said that, of course, sale is an option. It has to be, she said, if the Legislature is to act responsibly in protecting the interests of taxpayers.

The county is in a difficult position, she said.

"This has been coming at us like a freight train and we're sitting on the tracks," Leadley said. "The taxpayers are sitting on the tracks and we can't let them stay there. This is something that we're not rah-rah to do. It is something that we've got to look at."

Last month, the county put out a request-for-proposal seeking bids from potential consultants. The RFP spells out clearly what the county is looking for:

"Genesee County, New York, a non-chartered county government located in western New York between Buffalo and Rochester is seeking a professional service/consultant to assist the County in evaluating its options for the operation, management and/or sale of its 160 bed Skilled Nursing Facility and adjoined 80 bed Public Adult Home which comprise a complete long term care facility located at 278 Banks Street, Batavia, NY 14020.  Said service/consultant will be asked to assist the County in outlining options for future public and/or private ownership/operation of the present 240 bed facility and to help the County develop a strategy and plan of action for going forward with said facility and residents."

The big-cost bullet the county is looking to dodge, according to Gsell, is escalating personnel costs, especially in regard to benefits.

"Public employees cost more than private-sector employees and that's the kind of thing we will factor in where this going," Gsell said.

Gsell said that he wouldn't expect any current employees to lose their jobs if the facility was sold or operation was turned over to a private company. Because of the skills and experience required for such a facility, any new provider would almost certainly need to keep the current staff.

He also said the level of service would unlikely change, because of all the state mandates on such a facility.

Charvella isn't convinced service wouldn't suffer.

"If the margins are so thin, then a private company is going to pay more attention to the bottom line rather than patient care," Charvella said.

If the county did sell or lease the facility, Gsell said the local government would still have a substantial cost burden associated with its ongoing operation. The county would still pay more than $1.6 million in social services, such as its share of Medicaid payments, to keep the facility open. The consultant will be asked what the ongoing costs to the county will be with any of the possible options.

An Alexander woman who reportedly fled after she got wind of deputies going to her residence to arrest her on a warrant, entered a guilty plea today to a probation violation.

Brittany L. Frey failed to appear at Genesee Justice on four occasions under terms of her probation, so Judge Robert Noonan issued an arrest warrant.

According to a Sheriff's Office release in November, Frey heard deputies were looking for her, so she parked her car on Attica Road and fled into the woods. She was later found at a Batavia apartment.

Paul Ryan Tenney, who admitted stealing more than $106,000 from Elcon, Inc., will spend at least a year and two-thirds in state prison and could be locked up for as long as five years.

Judge Robert Noonan imposed the sentence this morning after hearing a request by Public Defender Gary Horton and Tenney himself to allow Tenney to continue in a substance-abuse program.

Noonan said after reviewing Tenney's record and the number of probation violations, as well as Tenney's failure to comply with the terms of a supervised release after entering a guilty plea in September, that prison time was appropriate in this case.

"I have to measure past performance against any gleam of hope that you would complete conditions of a supervised release," Noonan said. "I came to the conclusion that what is right for you is to sentence you."

Before Noonan imposed his sentence, Tenney said he was sorry for what he did.

"I remember I would sit at the computer and I kept telling myself I can't do this, and I couldn't stop myself," Tenney said. "I never wanted to hurt anybody, especially Mr. Leising. ... I can't apologize enough."

The issue of restitution was delayed until next week, but Tenney said he intends to repay "every penny" he stole.

Michael V. Poleo, 26, of 3409 W. Main St., Batavia, is charged with criminal mischief 3rd, DWI, unlawful possession of marijuana and failure to keep right. Poleo was reportedly stopped by Deputy Patrick Reeves on Route 5 in the Town of Batavia following the report of an erratic driver. At the time of his arrest, he was reportedly found in possession of marijuana. Allegedly, upon arriving at the Genesee County Jail, Poleo became irate and kicked a holding cell door and cracked the window. The damage is estimated at more than $250.

Brittany L. Ellis, 20, of 15 Bostwic Place, Hornell, is charged with petit larceny. Ellis is accused of shoplifting from Famous Footware on Veteran's Memorial Drive in Batavia.

Zeke A. Gross, 38, 965 Avenue D St., Rochester, is charged with aggravated unlicensed operation 1st and speeding. Gross was reportedly stopped for speeding by Deputy Patrick Reeves on Route 5 in Pembroke. After the stop, it was found that Gross reportedly has 32 suspensions or revocations on his driver's license, including operating without insurance, failure to pay child support, dishonored check, failure to pay fines and failure to answer summons. Gross posted a $350 pre-arraignment bail and was released on an appearance ticket.

Martin F. Jones, 38, no permanent address, is charged with two counts of harassment 2nd. Jones allegedly hit two different women at two different locations. One alleged incident was at 10:30 p.m. Thursday at the other was at 3:30 p.m. Saturday. The alleged incidents are not related. Jones was jailed on $750 bail.

Jeffery J. Fisher II, 20, of 4940 Bigford Road, Medina, is charged with petit larceny. Fisher is accused of shoplifting alcohol from Tops Market.

A 17-year-old from Bergen was arrested by State Police at 9:15 a.m. Tuesday and charged with harassment 2nd and unlawful possession of alcohol by a person under 21. No further details were released.

Thomas S. Hallett, 31, of 383 Bloomingdale, Apt. 2, Akron, is charged with DWI, aggravated DWI and leaving the scene of a property damage accident. Hallett was allegedly involved in a disturbance at the Log Cabin, which lead to his ejection from the restaurant. Upon leaving, Hallett reportedly got into his car, backed up quickly, struck another car and then drove away quickly, spinning his wheels as he left. Deputy Kevin McCarthy contacted Hallett at his home and determined, based on the interview, that Hallett was allegedly driving drunk.

Ashley S. Houck, 21, of 397 Magee Ave., Rochester, is charged with parking in a handicap space. Houck was picked up on a bench warrant at 2:20 p.m. yesterday stemming from a conviction in July. Houck was jailed on $120 bail.

Timothy W. Walton, 26, of 33 Washington Ave., Attica, is charged with criminal contempt 2nd. Walton allegedly sent a text message to an ex-girlfriend he was barred from contacting.

Deborah R. Vogel, 55, of Le Roy, is charged with harassment 2nd. Vogel was arrested by State Police at 11:11 a.m. yesterday in Pavilion. Not further details were released.

The Canandian woman who earlier this week was charged with a series of crimes in Genesee County stemming from a high-speed chase on Dec. 19 faced justice in Orleans County yesterday.

The Buffalo News reports that Crystal Pinnock appeared in Albion Town Court to answer to charges in Albion, Barre and Gaines. She also appeared later in Carlton. 

She was charged with reckless driving, speeding and failure to yield to a police vehicle, among other charges.

Albion Justice Kevin J. Howard committed her to jail without bail.

For the sixth straight year, the Batavia High Blue Devils won the annual Batavia Lions Club Basketball Tournament, this time beating Notre Dame 66-33.

Josh Budlong had 14 rebounds as Batavia moved to 6-1. Andrew Hoy scored 12 points. Tom Rapone scored 10 points for Notre Dame. Gianni Zambito added 9 more.  Co Co Irvin was the tournament's MVP. He scored 15 points in the final.

AUDIO:  Post game chat with tournament MVP Co Co Irvin (mp3).

There are 46 more photos from tonight's final game after the jump:

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Deputy Brad Mazur apparently makes for a convincing pizza delivery driver.

On Nov. 15, Mazur showed up at the home of a Byron woman with a fresh pizza from Fullerino's Pizza and asked her to sign the credit card slip.  The woman signed, just as she reportedly has before for orders from Fullerino's.

Mazur's ruse worked.

The credit card number used by the woman was allegedly stolen.

After Mazur identified himself he asked the lady a few questions. The interview led to the discovery of several such allegedly fraudulent transactions that began with the woman reportedly stealing credit card numbers while employed at Batavia Citgo.

Mazur delivered his pizza to Alisha A. Ballard, 21, of 7174 Byron Road.

Ballard faces several charges, including petit larceny, forgery 2nd, unlawful possession of a  personal ID, identify theft 2nd and falsifying business records 1st.

After being arraigned in Batavia City Court, Ballard was released under the supervision of Genesee Justice.

The investigation began Oct. 30 after a local resident complained that his credit card number had been used without his authorization to order food from Fullerino's. Mazur and Deputy John Duyssen conducted the investigation.

The alleged credit card thefts date back to Aug. 18.

Patti Pacino, most recently an alumni coordinator for GCC, has been selected to fill the Ward 2 Batavia City Council seat by Ward 2 Republicans.

Pacino will replace Marianne Clattenburg, who was elected to an at-large seat in November.

Pacino was born in Batavia and has a long history of community involvement, including membership in Kiwanis and Zonta International. She has been a teacher and worked for both Genesee Community College and Batavia High School, where she was a career center coordinator.

She has also served as on the board of directors for the Genesee county YWCA and the Cornell Cooperative Extension.

In 2004 she was named Geneseean of the Year by the Genesee County Chamber of Commerce.

She's married to James R. Pacino.

In a statement, Ward 2 GOP Chairman Chad Bachorski said, "The committee feels with experience and obvious dedication to her work, Patti will be an excellent fit in representing the citizens of the second ward on City Council."

If approved by the Council, Pacino will be sworn in Monday.

UPDATE: I did a video interview with Patti this afternoon.  Assuming no glitches or interruptions, I'll have it posted by this evening.

The Canadian woman who allegedly led local law enforcement on a high speed chase through Genesee County and into Orleans County on Dec. 19 has been charged with a series of vehicle infractions and a misdemeanor steaming from the incident.

Crystal Pinnock was arraigned today in Stafford Town Court before being released to Orleans County for arraignment on charges in that county.

Pinnock was charged with:

• Town of Le Roy, speed over 55 mph and unsafe passing.
• Town of Stafford, unlawful fleeing of a police officer (a misdemeanor), speed over 55, failure to yield to emergency vehicle, driving left of pavement markings and a misdemeanor count of reckless driving.
• Town of Batavia, speed in zone, driving left of pavement markings.
• City of Batavia, speed in zone, reckless driving (misdemeanor) and three counts of passed red light.

State Police will also press charges for alleged infractions in Elba.

Previously:

• Woman who reportedly crashed through border crossing chased through Genesee County
• Border Patrol says it notified local law enforcement of alleged illegal border crossing

Ryan Tenney, who admitted to embezzling more than $100,000 from his former employer, Elcon, Inc., still hasn't been sentenced for his crimes.

While his attorney would like to delay his sentencing at least one more time, Judge Robert Noonan ruled this morning that the sentencing scheduled for 9 a.m. Jan. 4 will stay on the court calender.

"I'm not yet certain Mr. Tenney should be out (of incarceration) in long-term treatment," Noonan said. "It won't take much from Hope Haven to report a rules violation to go straight to sentencing."

Tenney was released from jail on Dec. 2 to enter substance abuse treatment at Hope Haven. A report on his progress was not available to Noonan this morning, so even though Hope Haven is recommending Tenney now be placed in Trapping Brook, another treatment house, Noonan didn't want to delay the scheduled sentencing.

Tenney's attorney Gary Horton said after court that a bed could open for Tenney at Trapping Brook within days.

Previously:

• Batavia man admits to stealing $106,000 from employer
• Elcon owner says he needs embezzler's help to work computer accounting system
• Tenney jailed, but not yet sentenced in embezzlement case
• Judge tells embezzler: get help or go to prison

Two people accused of dealing cocaine were arrested at the Days Inn at 200 Oak St., Batavia, early this morning.

Both were arraigned in City Court at 11 a.m.

Taheed M. Moffett and Lekisha M. Avant are both charged with criminal possession with intent to sell and criminal possession of a controlled substance.

Judge Robert Balbick set bail for Moffett at $50,000 and for Avant at $15,000.

According to First Assistant District Attorney David Gann, if convicted, Moffett will have a second felony conviction. He also has a pending robbery charge.

Moffett, who was not represented in court by an attorney, which is common at this stage of criminal procedures, asked for reduced bail.

"I've been at every court date and haven't been late for one court date," Moffett said. "I hope that can be taken into consideration. I'm not a flight risk. I have family in the area and I've been coming to court."

Later, Moffett said he didn't understand why he was arrested.

"I know you've got nothing to do with this, Judge Balbick, but I didn't possess anything," Moffett said. "The other person had it."

Balbick explained that the state will have to prove its case at a preliminary hearing, but for now he was being arraigned on these charges.

Avant said she's only had a prior disorderly conduct charge, and that she lives with her mother and recently completed Job Corps.

If convicted, Moffett could be sentenced from two to 12 years, according to Gann. Avant's possible sentence is nine years.

Earlier today, Sheriff Gary Maha said there will be a press release forthcoming about the raid at the Days Inn at 12:30 a.m.  At this time, we don't know if any other individuals were involved.

UPDATE 12:30 p.m.: The Sheriff's Office has issued a press release on this case:

Moffett is 25 and a resident of 33 Turner St., Rochester. 

Avant is 22 and a resident of 314 Woodbine St., Rochester.

Members of the Genesee County Local Drug Enforcement Task Force executed a search warrant over night on Room 121 of the Days Inn.  Batavia Police received a tip about crack cocaine sales at the hotel. The Sheriff's Office says more than $1,000 in crack cocaine was found in the search.

Witnesses tell us they saw Batavia Police and Genesee County Sheriff's patrols as well as other vehicles show up in force at the Days Inn in Batavia about 12:30 this morning.

Sheriff Gary Maha confirmed this morning that there was a drug raid at the location in execution of a search warrant, but said no further details are available until later today, when a press release comes out.

The subjects have not been arraigned yet.

Batavia will advance to the next round to play Notre Dame in the annual basketball tournament sponsored by the Batavia Lions Club. The Blue Devils beat Albion 63-55 and improved the team record to 5-1. Andrew Hoy scored 16 points. Justin Washington added 12 points and seven rebounds for Batavia. Co Co Irvin tacked on 13.

More pictures after the jump:

In the first game Monday night of the annual basketball tournament sponsored by the Batavia Lions Club, Notre Dame beat Perry 52-41.  The Irish are now 5-0. Vinny Zambito scored 19 points.

More pictures after the jump:

A Batavia woman is the first person in Western New York charged with an enhanced felony DWI under a new statute that took effect Dec. 18 known as "Leandra's Law."

The law turns a misdemeanor DWI into a felony DWI if children are in the car.

Michelle T. Crawford, 24, was reportedly picked up by State Police in the Town of Marilla in Erie County.

Troopers were alerted Sunday afternoon to a domestic dispute in the Town of West Seneca in which the woman involved drove away with her three children, and she was reportedly agitated and had been drinking. The initial report had her heading back to Batavia.

Shortly after the initial report reached State Police, a trooper spotted a vehicle matching the description of the one that left West Seneca on Clinton Street near Two Rod Road.

Following a traffic stop, Crawford was charged with felony DWI, three counts of endangering the welfare of a child and other traffic offenses. Crawford allegedly refused a breath test.

She was jailed in the Erie County Holding Center on $25,000 bail.

The children, ages 4, 3 and 17 months, were picked up by a relative.

Police now have a suspect in the case of shots fired on Tracy Avenue last Wednesday. It's the same person they've been looking for all along; he's now formally a suspect.

And he's also suspected of stealing a truck from Western NY Concrete on East Main Street prior to the shooting.

The truck was found on Ellicott Avenue about three hours after the shooting, according to Det. Richard Schauf, and police believe it's the same truck used by the alleged shooter on Wednesday. The truck is being checked for evidence.

There's no new information available on the suspect.

Police are also not saying how many shots were fired, just that several hit the car.

Detectives now want to talk to a third person they believe was in the car with the two 18-year-olds mentioned in previous reports. The third person is male and a teenager. He has not made himself available for an interview. It's not believed he was wounded during the attack.

Law enforcement agencies throughout Western New York have been advised to be on the lookout for the shooting suspect.

Police also continue to try and retrace the steps of the occupants of the car in an attempt to further the case.