batavia

Paul Ryan Tenney, 39, who admitted to embezzling more than $106,000 from his employer, Elcon, Inc., will avoid jail time for a bit longer.

Judge Robert Noonan postponed Tenney's sentencing, scheduled for this morning, at the request of Tenney's attorney Gary Horton because of inaccuracies in Tenney's pre-sentencing report.

Tenney is currently out of jail on released supervision, but he allegedly has violated the terms of his release and Noonan was inclined to put Tenney back in jail today. The owner of Elcon, however, asked that Tenney not be locked up just yet.

Edmend Leising says Tenney is currently the only person who knows how the computerized accounting system works. Right now, Leising said, he can't even bill customers without Tenney's help.

"I've taken a lot of grief for keeping Ryan around since we found out about the theft, but only Ryan knows how to run it," Leising told court.

Noonan is allowing Tenney to stay out of jail to help Leising learn the computer system, but there won't be any leeway for Tenney to do much else.

"We'll briefly adjourn sentencing for that purpose, but if the defendant isn’t making a good effort in that regard, or he violates any other terms of his ROS, a warrant will be issued for his arrest," Noonan said.

Tenney promised to follow through and help Leising immediately.

Leising had asked to address the court prior to Tenney's sentencing. He said the theft did a lot of damage to his business and Elcon is barely hanging on.

He said he had to raise $70,000 to keep the business afloat, from taking money from his retirement account, to taking out a second mortgage on his house and borrowing $14,000 from his mother-in-law.

"Elcon is in horrible shape right now -- the only reason we’re still in business is because I’m not bright enough to pull the plug," Leising said. "It's the only thing I know how to do."

Tenney reportedly has failed to keep appointments for interviews with Genesee Justice and has allegedly not secured a substance-abuse evaluation.

Leising told Noonan that he was surprised to learn that Tenney wasn't keeping his appointments, and hopes Tenney gets the drug treatment he needs.

"I know he has a drug problem, so it's important he's tested on regular basis," Leising said. "If that problem isn’t solved with this guy, nothing will ever be solved. He’ll be a burden on humanity forever."

Tenney was arrested in early June for reportedly forging checks and falsifying business records.

An exhaust-system alarm is sounding on the sixth floor of the Jerome Center, 16 Bank St. and City Fire is responding.

Engine 12 and Ladder 15 are on scene.

An eight-point buck dropped dead in the parking lot of Jackson Street this morning.

I was in court and didn't hear the scanner (or see it), but Dan Fischer of WBTA said he was sitting in his studio when he saw a deer trot past Main & Center. 

The buck headed west, turned left on Jackson and then collapsed.

Apparently, it had been struck by a car previously.

It was one of two deer spotted in the city this morning.

Fisher said a hunter came by, tagged it and hauled the buck away.

You see Pauly Berardini everyplace. His face is on the side of his ubiquitous delivery cars, on the outfield wall at Dwyer Stadium and various youth sports facilities around town.

It’s been that way in Batavia for five years now.

It’s an audacious bit of promotion, but when Berardini and his partner Dave Stupp decided to open up a pizza joint, they knew they would need strong marketing to stand out in a very competitive town for pizzerias.

“I thought about that (the competitive environment),” Berardini said while slathering tomato sauce on a pepperoni pie destined for a youth sporting event. “I thought about the demographic. I just decided to use my face, my talent and go from there.”

He's done other things with his life – from baking to selling cars – but to hear him talk, it’s clear: 40-year-old Pauly Berardini was destined to be a pizza man.

“I went to food service at BOCES and I learned how to frost cakes and make pancakes,” Berardini said. “That wasn’t exciting to me. Ever since I was a little boy, just watching that guy throw a pizza in the air – you know, like a kid wants to be a fireman, he sees the fire trucks, I saw a couple of gentlemen who ended up being good friends of mine kind of teaching me the business, and I just decided it was something I wanted to do.”

Pauly was inspired by the pizza men he saw at the legendary Gino’s Pizza. Gino’s was a mainstay at 102 Liberty St. through the 1960s and 1970s. Then the location became Ficarella’s, where Pauly worked for seven years. And that was the location Pauly chose for his own pizzeria when he and Stupp opened for business Oct. 24, 2004.

By all accounts, the original Pauly’s was a successful, growing company, and then tragedy struck – the kind of turn of events that has put many people out of business – fire.

An early morning blaze on March 21, 2007 destroyed Pauly’s on Liberty. The cause of the fire was never determined, but it meant that three businesses lost their locations. The old place -- behind the former Mother’s Chicken ‘n’ Fish building  -- is now a parking lot. 

Apparently, the two other businesses in that building – Room for Dessert Cafe and Batavia Framing and Design – never reopened.

Berardini and Stupp weren’t going to be kept down, though. Eighty-eight days later, the doors opened at 314 Ellicott St., and this time Pauly's featured seating and a waitress, a level of service the partners had wanted to add all along.

“I had a lot of phone calls and messages that were left on my answering machine from customers and friends encouraging me to get going again,” Pauly said. “Yeah, it was traumatic at first, but when one door closes, another one opens.

"Now we have a great sit-down place here and the parking on the weekends is great. (People can) bring the family, have a party – we have a party of 20 today – sit down is the key.”

Pauly was excited Saturday morning -- not just to be celebrating five years in business – he and Stupp had just received word that they’ve been approved for a beer and wine license and will start serving them within a week.

“Now you can come and enjoy pizza or pasta with beer or wine, and that’s always a plus,” Berardini said.

On a night when he missed two field goals and saw one punt travel only five yards, kicker and defensive back Matt Thompson may have been the hero of Notre Dame’s Section V playoff victory over York.

A stiff breeze gave Thompson fits for most of the night. But with a minute left in the game, and the score set at 14-7 since the middle of the second quarter and his team backed up  nearly to its own goal line, Thompson was once again called on to kick into that monster wind.

Another kick that gets blown back, or any other mistake, and York is given great field position in a must-score situation. But a good kick well down field puts York in the tough position of trying to move the ball on a Notre Dame defense that has kept even York's big pass game largely in check all night.

This time, in a pressure situation, Thompson found a way to power the ball through the wind, setting the Golden Knights back to nearly the 50-yard line. From there, the Fighting Irish defense took over and shut down York on four successive plays, cementing a berth for Notre Dame in the Class D finals on Thursday.

Thompson also had two interceptions, including a big one with less than three minutes to play in the game, to squelch a York drive, but it was his punt that probably saved the game for Notre Dame.

Coach Rick Mancuso saw it that way, too.

“He’s a weapon and he works really hard at it,” Mancuso said. “We take special teams pretty seriously. We had a great snap from Tommy Whelehan and a great punt by Matty.”

The semi-final game was a tough battle through all four quarters, and two teams that came in a 6-1 found themselves pretty evenly matched.

Going into the game, Mancuso said he knew York’s passing game would be tough, and quarterback Jesse Galvin and receiver Adam Illerbrun kept Notre Dame’s defense on its toes all night.

The big-play duo showed just how quickly they can strike with 1:22 left in the second quarter -- only 22 seconds after Notre Dame grabbed a 14-0 lead -- when Galvin hit Illerbrun on an 80-yard pass play for York’s only touchdown of the night.

"We came in knowing they were going to throw the ball, and they did throw the ball and were successful to an extent,” Mancuso said. “We made a couple of mistakes where we let them get behind us. We did clean it up though, because Matty Thompson came in and made two interceptions. He hasn’t been out there all year long, but toward the end of the game, I thought he really got his legs underneath him and really looked very good out there.”

Illerbrun, one of the section's top receivers, had four catches for 121 yards. Galvin was 6  for 18 in pass attemps for 142 yards.

“It was a tight ballgame,” Mancuso said. “I thought York played phenomenal. I think they did a really nice job. They’re a good team. I think Eric does a great job with the kids. They’ve got nothing to hang their heads about. I thought they played very tough.”

Notre Dame put its first scoring drive together early in the second quarter, finishing it off with a 38-yard run by Mike Pratt at the 11:20 mark.

Pratt scored again with 1:44 left in the half on a three-yard run.

In all, Pratt carried the ball 36 times for 202 yards. He averaged 5.6 yards a carry.

After the game, Pratt gave all praise to his offensive line for opening holes and making key blocks.

Pratt also noted the defense made several key tackles.

Quarterback Nick Nochicchio completed six passes on 14 attempts, including one interception, for 47 yards. His leading receiver was Gianni Zambito, who had two catches for 26 yards.

Beau Richter carried the ball six times for 24 yards and R.J. Marchese carried the ball six times for 22 yards. Tom Whelehan had two catches for 12 yards.

All in all, Notre Dame amassed 304 yards, while holding York to 188 yards and only eight first downs. Notre Dame rushed the ball for 257 yards while York gained only 62 yards.  York had two turnovers, the Irish had three.

Notre Dame next faces Dundee on Thursday. Dundee comes into the game with a record of 8-0, including a 27-7 victory this evening over Cuba-Rushford.

“Dundee is phenomenal,” Mancuso said. “They’re the best team in D, there’s no doubt about that. We’re hoping we can come out and play a clean game and maybe we get it into the fourth quarter and we’re close. That’s kind of what you’re looking for. They’re fantastic. We’re defiantly playing up. It’s a huge challenge for us.”

Dundee is said to have a powerful run game, and Notre Dame features a stout run defense, but Mancuso said Dundee can also pass the ball effectively and they’ll put the ball down field if that’s what it takes to win.

“That Pratt kid who is their quarterback, he can really throw the ball,” Mancuso said. “I think they do whatever they need to do. They’re well coached, they’ve got a great group of kids, so I mean, it's going to be a battle. Hopefully, we will be up to the challenge.”

COVERAGE NOTE: One of the Notre Dame supporters who regularly takes pictures from the sidelines said he'll send us some pictures from the game. We'll post those as soon as we get them. Ethan Thompson videotaped the game for us and we'll post that highlight reel Sunday.

Last year, I couldn't make the John Gardner reading at the Pok-A-Dot because my parents were visiting. This year, I had to cover the Notre Dame game. As I told Bill Kauffman, "Like they say in baseball, maybe next year."

Thanks to Charley Boyd for posting this video of Kauffman opening the 13th annual event.

A suspected 20-year-old drug dealer from Rochester was nabbed in the Batavia Downs parking lot at 5:15 p.m. on Friday.

At the time of his arrest, Steven Anthony Bertolone, of 28 Sand Pebble Drive, Rochester, was allegedly found to possess a wide array of drugs and cash.

Bertolone was identified as a suspect in local ketamine distribution by the Genesee County Local Drug Enforcement Task Force. Bertolone allegedly sold ketamine to an undercover agent.

At the time of his arrest, Bertolone was allegedly found holding four packages of ketamine, 10 packages of dimethyltryptamine, 20 packages of LSD, as well as cocaine and marijuana, along with $1,200 in cash.

The charges against Bertolone: Criminal sale of a controlled substance in the fifth degree, criminal possession of a controlled substance in the fifth degree, three counts of criminal possession of a controlled substance in the seventh degree (misdemeanors), and unlawful possession of marijuana.

The suspected drug dealer was jailed on $5,000 bail.

Uninformed deputies as well as the District Attorney's office assisted in the investigation and arrest.

Town of Batavia Engine 24 and Mercy EMS are responding to reported vehicle accident at 5210 Ellicott Street Road, Batavia.

There are reportedly injuries, but EMS was just told to respond non-emergency.

UPDATE: Engine 24 being called back. Only Rescue 20 responding at this time.

View Larger Map

City Fire is being dispatched to UMMC for a reported hazardous material situation in an operating room.

Reportedly, approximately four to eight ounces of a noxious material has spilled.

The area has been evacuated and cordoned off.

Engine 12 and Ladder 15 are responding to evaluate the situation.

UPDATE 10:13 a.m.: Fire officials are saying it's a minor spill and can be cleaned up with soap and water.  I believe it is Chief Ralph Hyde who just said, "This is a minor spill that we can handle with no problem."

Robin Lee Buckman, 40, 7 Otis Street, Batavia Rochester, is charged with petit larceny. Buckman is accused of shoplifting four DVDs from the TA Travel Center in Pembroke.

A one-vehicle accident has been reported in the roundabout on Oak Street.

The car apparently hit several traffic cones.

The initial call indicated there may have been an injury and City Fire and Mercy EMS were dispatched. A police officer who was first on scene reported no injuries and fire and EMS were canceled.

UPDATE: Police on scene have requested the nearest available tow. The car is stuck on the median, its front axle is damaged and the rear tire is going flat. The car is a Saturn.

Why do a small town's best and brightest young people relocate to big cities?

The common assumption is that they leave to seek better opportunities or more excitement.

Bill Kauffman has a different theory -- our teachers, civic leaders, parents and American culture try to convince rural young people that to be an achiever, you have to go elsewhere. There's little thought to the notion that you can achieve right where you're rooted.

Kauffman discusses this idea in a book review for the Wall Street Journal:

The sharpest insight in "Hollowing Out the Middle" is that "small towns play an unwitting role in their own decline" by inculcating, in school and too often at home, the belief that fulfilling one's promise means leaving for the city lights or the manicured suburbs. The purpose of education today, as Kentucky poet-farmer Wendell Berry argues, is to train young people to leave home. And so, the authors note, "the investment the community has made in them becomes a boon for someplace else."

Batavia is full of bright, young people who have decided to stay, or who have come back. I've met them. Batavia's future would be even brighter if we could convince more of them to stay and help build new businesses and invest in the community that nurtured them.

Read the whole thing.

Old Engine 24 will soon find a new home with a rural fire department in Latin America.

The Batavia Volunteer Fire Department transferred ownership of the engine, which was replaced in July by a new rig, to the 911 FUND today (warning: site has automatic audio).

"The Town of Batavia Fire Department is committed to doing its share to help rural fire departments in Latin America where such assistance could literally mean the difference between life and death for firefighters and the civilian population who they protect," said Michael Jones, president of the department in a statement.  

During the past eight years, the 911 FUND has donated dozens of fire trucks, ambulances, millions of dollars in equipment and extensive training to Latin America and other parts of the world.

UPDATE: I e-mailed Michael Jones with a couple of questions I had about the transfer of the truck. Here is his reply:

The Truck was purchased for $3k by the 911 fund.  Our board didn't feel it would be a responsible decision to give the truck free and clear without recouping some of its value when taking our communities taxpayer's into consideration.   However, the $3k was a deep discount fro the $8k that it was posted for sale as.  In addition to the vehicle we also included pike polls, ladders, hard suction lines, and various other equpiment that will greatly aide those in Argetina, which is the engine's final destination.  The 911 Fund tells us that the engine will be the only vehicle that that rural fire department will have.  Although we are sad to see the vehicle go we are equally happy knowing that our engine will help reduce the loss of life by increasing protection to those fire fighters their community.

Ryan Lee Krupp, 24, 13 Pringle Ave., Batavia (pictured), is charged with criminal possession of stolen property and unlawful possession of marijuana. These are additional charges stemming from his arrest Oct. 16, which involved an alleged escape and an alleged assault on a deputy. At the time of his arrest, Krupp was allegedly found in possession of a stolen credit card and marijuana. Krupp remains in custody without bail.

William Didir Gamble, 18, of 144 Leicestershire Road, Rochester, is charged with harassment. Gamble is accused of striking and threatening two roommates at College Village.

A 10-year-old boy in Pavilion has been charged with sexual abuse in the first degree and endangering the welfare of a child. The charges stem from a report filed with the State Police on Aug. 25.  The arrest was Sept. 11. It was in the State Police blotter today. The boy was released without bail. No further details are available.

Spencer T. Johns, 18, of Castile, is charged with unlawful possession of marijuana. Johns was issued an appearance ticket by State Police after being arrested in the Town of Bethany at 4 p.m. on Tuesday. No further details are available.

I was on Ross Street yesterday ,and saw this squirrel,   eating someones smashed pumpkin.

Fire crews are responding to a report of a grain bin fire at 2947 Batavia-Oakfield Townline Road, between Hutton Road and South Pearl Street. Other structures are nearby the fire.

Tankers have been requested from East Pembroke and Alabama.

UPDATE: East Pembroke's tanker is asked to respond in a non-emergency capacity. Alabama has been asked to stand down.

UPDATE (2:03 p.m.): Fire is out.

Members of the Batavia City Fire Department brought Ladder 15 over to the parking lot of Richmond Library this morning where a group of pre-schoolers were able to meet firemen, get a look at all the truck's equipment  and slide onto the driver's seat.

UPDATE: We've received a couple of e-mails: This event was sponsored by the Genesee Region Insurance Professionals.

Kenardo Roshay Fields, 19, of 7 Watson St., Batavia, is charged with trespass. Fields was reportedly banned from College Village and was found there yesterday at 11:38 p.m. hiding under a bed.

Arnold D. Jock, of Hogansberg, is charged with trespass, obstructing governmental administration, resisting arrest, and disorderly conduct/fighting. Jock was arrested by State Police at the Holiday Inn on Park Road, Town of Batavia, at 6:12 p.m. yesterday. No further details are available.

Joshua L. Baltz, 33, of Batavia, is charged with petit larceny. Baltz was arrested by State Police in the Town of Batavia at 10:33 a.m. on Oct. 15. No further details available.

Jesse P. Boop, 20, of Avon, is charged with unlawful possession of marijuana. Boop was arrested by State Police yesterday at 10:15 a.m. in the Town of Bethany. No further details are available.

Gary J. Dempsey, 42, of Le Roy, is charged with criminal contempt and disorderly conduct. Dempsey was arrested by State Police in Le Roy at 11:11 a.m. yesterday. No further details are available.

When people get ready to walk across a public road, they usually look both ways first to see if any motor vehicles are coming. Unfortunately, this isn't the case with animals, including certain large ones.

Too often, the result is a motorist's nightmare: a collision with a deer, moose or elk. The animal usually comes out second-best in this type of close encounter, but the toll on vehicles and their occupants can also be substantial.

According to the Insurance Institute for Highway Safety, more than 150 people die in animal-vehicle collisions each year. The Insurance Information Institute estimates some 1.5 million such collisions cause about over $1 billion in damage annually.

While animal-vehicle collisions can happen any time of year, fall is the peak season for deer-car crashes. That's mainly because autumn is both mating season and hunting season, so deer are more active and more likely to roam beyond their normal territory.

No foolproof way has been found to keep deer, moose and elk off highways and away from vehicles. Deer whistles have their advocates, but the Insurance Institute for Highway Safety says there's no scientific evidence to support claims they work as intended. Some studies suggest roadside reflectors - designed to reflect light from vehicle headlamps and cause deer to "freeze" rather than cross the road - reducing crash frequency to some extent.

There are ways you can lessen an unplanned meeting with a deer, moose or elk. Here's how:

• Be aware of your surroundings. Pay attention to "deer crossing" signs. Look well down the road and far off to each side. At night, use your high beams if possible to illuminate the road's edges. Be especially watchful in areas near woods and water. If you see one deer, there may be several others nearby.
• Be particularly alert at dusk and dawn, when these animals venture out to feed.
• If you see a deer, moose or elk on or near the roadway and think you have time to avoid hitting it, reduce your speed, tap your brakes to warn other drivers and sound your horn. Deer tend to fixate on headlights, so flashing them may cause the animal to move. If there's no vehicle close behind you, brake hard.
• If a collision seems inevitable, don't swerve to avoid the animal; your risk of injury may be greater if you do. Hit it, but control the vehicle. Report the crash to the police.
• Always obey the speed limit and wear safety belts.
• Being alert at all times while driving is your best defense against any type of accident.