batavia

Paul R. Tenney will spend tonight in jail, even though he was not sentenced today for admitting he stole more than $106,000 from Elcon, Inc..

Judge Robert Noonan agreed to postpone sentencing Tenney until he gets proof that Tenney attended an in-patient treatment program for substance abuse.

But there's no reason to let him go free since he apparently violated the terms of his pre-sentencing release. Plus, Tenney has purportedly trained his replacement at Elcon on its finance system, so his freedom is no longer warranted in that regard.

Elcon owner Edmend Leising told District Attorney Lawrence Friedman that Tenney wasn't all that cooperative. But the issue seems to be resolved.

"(Leising) is not asking for anything further at this point," Friedman said.

Attorney Gary Horton said he didn't understand Friedman's statement.

"He said he’s been at Elcon every day and trained the person hired to replace him," Horton said.

Court officers this morning talked about two men -- the Paul G. Grazioplene who is a local businessman, involved in youth sports and various community activities and a friend to many community leaders, and the Paul G. Grazioplene who was allegedly abusive to police officers the night of his arrest on a DWI charge.

Judge Robert Noonan took both descriptions into account this morning when he sentenced Grazioplene, owner of Extreme Sports, to four months in jail and five years probation.

The 43-year-old Batavia resident will serve an initial 15-day stretch and then serve the remainder of his term intermittently, from 8 a.m. Monday to 8 a.m. Wednesday every week until the four-month obligation is met.

He also was ordered to pay a $2,000 fine.

"I've sentence dozens of felony DWI cases every year," Noonan said. "Only a small portion of people are as good as you are, and only a small portion of people are as bad as you are. You are entirely two different people. We have letters from important people, leaders in the community. Community leaders think you're an entirely different person than you were on the night of this incident and at other times prior in your life."

Always prior to sentencing, defendants are offered a chance to make a statement, but many times defendants either decline to make a statement or say a few quick words about how sorry they are. But Mr. Grazioplene spoke for several minutes of his embarrassment and regret for the burden he's placed on people who rely on him.

"These people depend on me and I can do this (reform his conduct)," Grazioplene said. "Now I'm backed up against a wall and it's like fourth down and forever for me. Give me a chance to prove to that I can do this, and I will."

Noonan expressed some skepticism that Grazioplene can get past his bad behavior, but thought he deserved enough of a chance not to be locked up for six-straight months as District Attorney Lawrence Friedman requested.

"I'm going to give you enough taste of jail that you've got time to think about it," Noonan said. "You've got a hurdle ahead of you and it's a high one. You just told me you’re sure you can make it over that hurdle. I’m not so sure."

Kyle R. Thill, 20, of 1469 Lewiston Road, Alabama, is charged with driving while impaired by drugs, speeding (going 53 in a 40 mph zone) and unlawful possession of marijuana. Thill was reportedly stopped by Deputy Patrick Reeves at 1:16 a.m. on Nov. 1 on Knowlesville Road in Alabama.

Michael Willard Mairrose, 20, of 4111 S. Main St. Road, Batavia, was picked up on a DWI warrant from Town of Stafford Court. He was jailed on $500 bail.

James Valentino Brown, 20, of 162 Peck St., Rochester, is charged with criminal possession of marijuana. Brown was allegedly found in possession of marijuana while at College Village. He was jailed on $250 bail.

Jeremy Scott Yantz, 29, of 214 Ellicott St., upper, Batavia, is charged with DWI. Yantz was taken into custody on a warrant stemming from a previous arrest.

Rain, sleet and snow didn't keep several hundred people from trying to get flu vaccinations today at County Building Number 2 in the Town of Batavia.

At one point, the line snaked outside and around the side of the building. Seniors, parents and children were waiting two or more hours for either a shot of the seasonal flu vaccine or the H1N1 nasal mist.

A winter storm of sorts started not long after the clinic doors opened, and by then the line  already stretched well outside the building.

"I was standing in the rain and snow out there a little while before and I was thinking, I'm going to get a flu shot to prevent getting sick and I'm going to get sick standing in line in the rain and the snow, so I wonder if it's really worth it," Walter Kershenski said. He also happens to be Stafford Town Clerk, and said he stood in line for more than two hours.

There were reports of people driving from Orleans, Monroe and even Chautauqua counties for the vaccinations, and apparently, nobody was being turned away for the free vaccines.

Interim Health Director Randy Garney said the Health Department was expecting to provide at least 500 doses of vaccine in two hours, but had received an extra shipment of seasonal flu and H1N1 vaccine just days ago.

"I figure, two hours, that's going to be about all we're going to be able to process, but we're going to keep the clinic open as long as there is a line," Garney said.

"With recent events that have taken place, we were expecting a large crowd," Garney said.

Rosemary Sero, of Oakfield, said all the reports of people getting sick with H1N1 and especially the death of a Pembroke student, has her feeling very cautious about taking care of her two young daughters.

"They're using a lot of hand sanitizer," she said. "They wash their hands a lot. I tell them not to touch their face."

If you haven't received a flu shot yet, you can do so today at County Building Number 2 on W. Main St. Road, Town of Batavia.

The walk-in clinic will be open from 2 to 4 p.m..

Seasonal flu vaccine is available for people 19 and older, and H1N1 vaccine is available for people 2 to 24 years of age, and for people 25 to 59 who care for or live with infants.

Vaccine supplies are limited.

Over these last few months, I have had the privilege of being a candidate for Batavia City Council at Large. I was not successful with that campaign but I came away with a deep appreciation for the City of Batavia and for those that want to serve it.   I want to start of by saying Thank You to all of my supporters here in the City of Batavia. I continue to be deeply humbled by your amazing support. I would also like to thank all of the candidates, both Republican and Democrat. You all did a great job and ran a wonderful campaign. My hat is off to each of you. Lastly, I have to thank my family and friend. I truly believe that I have the best family a person can ask for and the greatest friends.

If there is one thing that I can take away from this election is I have made some life long friends and I had the chance to really get out there and meet YOU; our city residents. I am truly blessed to be able to call you my neighbors and to call Batavia my home. So in the end, I am still a winner.

With that being said, I am going to make one more promise to you. You have unleashed the community advocate within me. This will not be the last time you see me. I am going to become even more involved and more educated on the issues. An angel was sent to me this morning. I was out for my morning walk (mind you less then 12 hours after I was told I did not win this election) and an older women stopped me and simply said, “What a beautiful morning. But the snow is coming.” I agreed with her, “Yes the snow is coming.” You see while I was talking to her, I found out that this poor women has to walk everywhere. She has no vehicle and she does not always have enough money to ride the bus or call a cab. So in her world, yes the snow is coming. It physically stops her from doing her every day things. This literally made me start crying on Ellicott Street this morning. It reminded me why I decided to run in the first place; to be able to help out the people who need it most. I will not be afraid to stand-up to City Council and I will continue to fight for those less fortunate. I have a challenge for all of you. Do not let your voice go unheard. Do not just sit there as the train passes you by. Our biggest weapon is our words. Do not be afraid to stand up for what you believe in. There is still a lot of work to be done. To quote Eleanor Roosevelt,” You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You must do the thing which you think you cannot do.” Please do not stop fighting for what you believe in. We have to let our elected officials know , “The Snow Is Coming!”

My name is Sara Burk-Balbi. I am a mother, a wife, a daughter, a sister. I am a student, a friend and I will be your candidate for the future.

With my deepest and most sincere regards,

Sara Burk-Balbi

Computer problems kept the votes from being tallied last night, but this morning the Board of Elections released unofficial numbers for the referendum on revising the City of Batavia Charter.

It passed, 748 to 503.

When I visited a couple of polling places last night, poll workers told me they heard from several people who had no idea what the revisions were. They hadn't seen the coverage, and more importantly, hadn't read the actual document.

It is kind of hard to find on the City's Web site, so here's a link to what you just approved (PDF).

Final Unofficial Numbers, posted 11:09 p.m.

Note: City Charter question not yet tallied and those numbers are not expected to be announced until tomorrow between 11 a.m. and noon.

WBTA Live Stream

Office   Votes Percent County       County Clerk Don M. Read 4610   District Attorney Lawrence Friedman 5077           City - Vote for 1       Genesee County Legislator District 7
(Wards 1 & 6) Rose Mary Christian  361     Robert H. Radley  510           Genesee County Legislator District 8 (Wards 2 & 3) Christopher M. Charvella  235     Hollis D. Upson  424           Genesee County Legislator District 9 (Wards 4 & 5) Edward DeJaneiro, Jr  303           City – Vote for 3       Council at Large - City of Batavia Sara J. Balbi  637   Council at Large - City of Batavia Phillip J. Ricci  730   Council at Large - City of Batavia Julie Ann Wallace  547   Council at Large - City of Batavia Timothy E. Buckley  1263   Council at Large - City of Batavia Marianne Clattenburg  1275   Council at Large - City of Batavia Frank C. Ferrando, Jr  1284   Alabama - Vote for 1   Votes Percent Legislator - District 1 Raymond F. Cianfrini     Town Justice Patricia A. Buczek  229   Town Council Janet I. Sage  188   Town Council Terry Thompson  99   Town Council William J. Cleveland  176   Town Council Samuel G. Scarborough  172   Alexander - Vote for 1   Votes Percent Legislator – District 6 Esther G. Leadley  258   Town Council William G. Hirsch  136   Town Council William R. Franz  119   Town of Batavia - Vote for 1   Votes Percentage Legislator – District 4 Mary Pat Hancock     Supervisor  Gregory H. Post  447   Town Clerk/Tax Collector  Teressa M. Morasco  476   Town Council (Vote for 2) Daniel G. Underhill  437   Town Council Patti A. Michalak  439   Supt. Of Highways  Rodney W. Cook  415   Bergen - Vote for 1   Votes Percentage Legislator District 2 Charles N. Zambito     Supervisor     Donald S. Cunningham 191   Town Justice Donald R. Kunego 180   Town Council (Vote for 2) Rachael J. Millspaugh 188   Town Council Joseph A. Nenni 175   Bethany - Vote for 1   Votes Percentage Legislator District 6 Esther G. Leadley   258   Town Justice Thomas McBride  151   Town Council (Vote for 2) William Gick  113   Town Council Susan Neer  132   Byron - Vote for 1   Votes Percentage Legislator District 2 Charles N. Zambito     Supervisor Robert A. Crnkovich  213   Supervisor Thomas Felton  107   Town Clerk Debra Buck-Leaton  310   Town Justice Daniel DiMatteo  189   Town Council (Vote for 2)  Jeffrey J. Thompson  248   Town Council John Redick  178   Supt. Of Highways  George Heins  264   Darien - Vote for 1   Votes Percentage Legislator District 3 Annie M. Lawrence  514   Town Clerk  Linda P. Graber  261   Town Clerk  Alice E. Calmes  462   Town Council (Vote for 2) Stephen J. Ferry  361   Town Council Charles J. Flagg  291   Town Council Jimmie E. Flaming  69   Town Council Michael A. Plitt 307   Town Council Christopher M. Nicastro  369   Town Council-Unexpired Term Samuel E. Williams  229   Town Council-Unexpired Term David D. Riker  380   Elba -Vote for 1   Votes Percentage Legislator District 2 Charles N. Zambito  245   Town Supervisor Lucine Kauffman  155   Town Council (Vote for 2) Andrew Wormuth  151   Town Council Deborah Bell  142   LeRoy -Vote for 1   Votes Percentage Legislator – District 5 Jerome J. Grasso  945   Town Justice Kermit Arrington  703   Town Justice Darryl D. Sehm  662   Town Council Thomas Stella   713   Town Council Christine M. Smith  870   Town Council Jay E. Whipple  592   Town Council-Unexpired term  Jennifer AO Keys  422   Town Council-Unexpired term  Kelly J. Lathan  860   Oakfield - Vote for 1   Votes Percentage Legislator District 10 Raymond F. Cianfrini  163   Supervisor     Kenneth Dodd     Town Justice (Vote for 2) Thomas Graham  197   Town Justice Dennis R. Beedham  338   Town Counci l(Vote for 2) Carol L. Glor  166   Town Council Michael Cianfrini  166   Town Council-Unexpired term Tim Kabel  164   Pavilion - Vote for 1   Votes Percentage Legislator District 6 Esther G. Leadley     Town Justice John Welsh  132   Town Council (Vote for 2) Linda Thompson  145   Town Council Ronald O. Zarbo  128   Pembroke - Vote for 1   Votes Percentage Legislator District 3 Annie M. Lawrence     Town Justice Robert Alexander  544   Town Council (Vote for 2) Thomas C. Schneider, Jr.  179   Town Council Edward G. Arnold. Jr.  406   Town Council Paul R. DiFiglia  187   Town Council John J. Worth  416   Stafford - Vote for 1   Votes Percentage Legislator District 4 Mary Pat Hancock  691   Town Clerk Walter Kershenski  571   Town Council (Vote for 2) Ronald Panek  322   Town Council Donald L. Mullen  292   Town Council Michelle Mouery  272   Supt. Of Highways  Steven Boldt  443   Supt. Of Highways  James D. Pontillo  151  

 

The perenially popular fairy tale of "Cinderella" comes to life beginning 7:30 p.m. Thursday, the opening of the 61st annual Rotary Club of Batavia Musical.

The Rodgers and Hammerstein classic will also be performed Friday and Saturday night at 7:30 and there's a matinee at 2 on Sunday, Nov. 8.

The production is directed by Patrick D. Burk and takes place in the Batavia High School Auditorium, located at 260 State St., in the City of Batavia.

Tickets are $16, available online at <bataviarotary dot com> or at Hawley & Associates Insurance Center, 260 State St. in downtown Batavia, Lawley Genesee in Jefferson Square, or at the door.

More than 40 friends, students, associates, neighbors, citizens, Americans and so forth have put countless hours and great effort into bringing the community this enchanting story. Ditto dozens more in the orchestra and production crew.

It's very much a family show and little ones are welcome -- encouraged -- to come dressed in a befitting costume.

This stage performance of "Cinderella" is one-hour-45-minutes long and has a happy ending, but there's soooo much to keep you entertained until then!

"Once upon a time there was a young maiden named Cinderella, who lived with her wicked stepmother and two wicked stepsisters..."

You are cordially invited to come reimagine the magic, timeless tale of romance-against-the-odds. And invite someone you care about.

Both photos were taken during rehearsals and provided by the Batavia Rotary Club.

Everybody was in good spirits when  I stopped by 400 Towers this evening, just as the annual bake sale was wrapping up.

A little while ago, there was a two-car accident at Main and Center in downtown Batavia.  There were apparently two people injured.

James M. Kulik, 19, of Alden, is charged with assault in the third degree, unlawful imprisonment, criminal mischief and harassment. Alden was arrested by State Police in Darien at 6:10 p.m. yesterday. He was jailed on a cash bail. No further details were released.

Kyle Earl Viehdeffer, 21, of 114 Bank Street, Lower/Front, is charged aggravated unlicensed operation of a vehicle. Viehdeffer was turned over to the Sheriff's Office on a bench warrant issued out of the Town of Batavia Court. Viehdeffer was released on $200 bail.

Juan Alberto Ramos, 19, of 110 E. 177th St., Apt. 2E, Bronx, is charged with trespass. Ramos allegedly entered College Village without appropriately signing in with security.

Christopher Patrick Ball, 27, of 4902 Route 63, Batavia, is charged with aggravated harassment. Ball allegedly called a woman's cell phone numerous times, causing an annoyance. Justice Tom Williams issued an order of protection.

The railroad crossing at Wortendyke Road in the Town of Batavia is closed until Thurdsay afternoon.

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A jury was picked today in the criminal trial of Jennifer L. Ferguson, charged with sexual abuse in the first degree.

The 30-year-old Batavia resident  is accused of sexually touching a two-year-old that she was babysitting on Nov. 23. She was arrested in December.

District Attorney Lawrence Friedman said he will start his presentation to the jury on Wednesday, and expects jury deliberation to begin on Thursday.

If convicted, Ferguson could be sentenced to up to seven years in state prison.

There is no court tomorrow because it is a state holiday -- election day.

City Fire is responding to 1 Treadeasy, the P.W. Minor plant, where a smoke detector has been activated.

We now hear, it's a false alarm.

Patrick L. Gugliuzza, 30, of 94 Exchange St., Attica, is charged with DWI, criminal possession of a controlled substance and following too closely. Deputies were in the area of 104435 Route 98 in Alexander investigating a motor-vehicle accident. The deputies received a report of a minor property-damage accident on southbound Route 98 near the accident scene. Upon investigation of that accident, Deputy J.M. Graff concluded that Gugliuzza was allegedly driving while intoxicated. Further investigation allegedly revealed that Gugliuzza had a small quantity of heroin. His passenger, Brandon Eck, 29, of 51 Bunnel St., Attica, was also charged with criminal possession of a controlled substance, criminal possession of a hypodermic instrument and unlawful possession marijuana.

Keith A. Finan, 44, of 10501 Bonnie Brae Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no-passing zone. Finan was reportedly stopped on Bonnie Brae Drive in Darien on Friday. The investigation was conducted by Deputy Jason Saile.

William Daniel Nix, 48, of 55 Riverview Drive, Rochester, is charged with criminal mischief, harassment and disorderly conduct. Nix is accused of causing a disturbance at 48 Deli Express at 8204 Park Road. Nix was reportedly using foul language and was asked to leave. Nix allegedly continued to use foul language and got involved in a physical struggle with a clerk, tearing his shirt.

Ariana M. Busch, 19, of 10876 Bowen Road, Attica, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Busch was arrested following a traffic stop on Route 20 in Darien at 2:25 a.m. on Saturday.

Dylan C. Miller, 21, of 3883 Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .08 or greater, driving an unregistered car and failure to yield right-of-way. Miller was stopped by Officer T.S. Mart on Oak Street at 2:18 a.m. on Saturday.

Brian L. Smith, 47, of 8655 Jones Road, Houston, Texas, is charged with DWI and driving with improper tail lamps. Smith was stopped by Officer Dan Coffey at 1:05 a.m. on Sunda. Smith was jailed on $1,000 bail.

Scott D. Kingdon, 43, of 6243 Sparks Road, Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Kingdon was reportedly involved in a verbal argument with a friend. The friend called the Sheriff's Office and reported that Kingdon might be at her house. While Deputy Kevin McCarthy was checking the residence, Kingdon reportedly pulled into the driveway. McCarthy allegedly found Kingdon was driving while intoxicated.

Two teenagers, one from Alexander and another from Bethany, are charged with petit larceny for an alleged theft in Alexander. The original incident was reported to State Police on Sept. 15.

David H. Robinson, 45, of Corfu, and Amber M. Robinson, 40, of Batavia, are charged with identity theft. Amber is also charged with forgery of a public record. David and Amber were arrested by State Police at 3 p.m. on Thursday. No further information is available.

Three Genesee County companies made the 23rd Annual Democrat and Chronicle list of Top 100 companies in the region.

The local companies are: Lapp Insulators LLC, 130 Gilbert St., LeRoy; Liberty Pumps Inc., 7000 Apple Tree Ave., Bergen; and, Manning Squires Hennig Co. Inc., 8426 Seven Springs Road, Batavia.

Here's what the D&C says is criteria for making the list:

The Top 100 companies are ranked by revenue growth using a mix of dollar and percentage increases over the three most recent fiscal years. To be eligible, companies must be privately held, independent, have a minimum of $1 million in annual revenue and headquarters in the Rochester region, which includes Monroe, Ontario, Wayne, Livingston, Orleans, Genesee, Wyoming, Seneca and Yates counties.

The D&C said the average growth rate for the Top 100 companies over the past two years was 25 percent.

City residents, when you vote on the revised City Charter on Tuesday, Frank Klimjack wants you to consider one additional thing: You may be voting on whether Batavia has its own police department in the future.

Klimjack, president of the Police Benevolent Association, is asking city voters to just say no.

"I really think what this administration is looking to do is over time get rid of the police department," Klimjack said. "They will tell you it will be a merge, but there's no merging. You have to abolish your police department, and then hopefully the guys who are still hanging, maybe the sheriff's department picks them up or maybe they get picked up by another municipality."

The proposed change to the charter would strike the words "There shall be a police department ..." and add in "the City Council may choose to establish a police department. ..."

"That's huge," Klimjack said. "That's a total 180 degree change, where they tell you they're behind the police, 'we support the police,' and then they turn around and want to run this charter by you."

And Klimjack isn't sure what the city would replace the current police force with.  It can't be the State Police, he said, unless state law is changed, and he isn't sure bringing in the Sheriff's Office will really save city taxpayers any money.

Currently, the city is patrolled, usually, by four police officers. The Sheriff's Office would need to hire 30 additional deputies to keep the same level of service.

"The Sheriff is not going to do it for free," Klimjack said. "Is there savings? There may be some small savings, but what do you get for it? You get an occupational force that has no ties to the city whatsoever."

Klimjack worries that low voter turn out in an off-year election will mean that relatively few people are deciding the future of the police protection and service they get.

He's concerned, also, he said, that the level of service for the city, without a local police force, will be not as good as what citizens get now.

"The consolidation of dispatch," Klimjack said, "you'll hear it's been great, but it's been nothing but a disaster on the working end, for the guys who are actually working in the field. Did we save any money? I don't think we did. I live in the City of Batavia and I didn't see it in my tax dollars. I just look at that as the first step in consolidation and do you really want to get rid of the Police Department?"

A car has reportedly run into a telephone pole in the area of 20 Washington Avenue.

There are reportedly injuries.

Batavia Fire, Mercy EMS and police have been dispatched.

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A deer that was struck by a car at Main and Oak is trapped in a fenced area at Prospect Avenue and Mix Place.

It is bleeding profusely, according to the report.

Police had received a report about the car striking the deer, and then the deer left the area, so police were searching for it when the call came in about its current location.

UPDATE: DPW has been requested to respond to scene and dispose of the carcass.