batavia

The defense challenged the confessions of 44-year-old Mark Maltese to a series of robberies and a burglary in 2013; a jury yesterday found the Batavia resident guilty on all but one count on the indictment against him.

The jury went into deliberations shortly after noon Thursday, returned to the courtroom a couple of times to review video evidence and have transcripts read back, and then returned the verdict at about 4 p.m.

"Obviously, the key to the case is the defendant's confessions," said District Attorney Lawrence Friedman. "That's obviously the most powerful evidence we can have."

Maltese was found guilty of three counts of robbery, one count of third-degree burglary and second-degree criminal mischief and one count of grand larceny, 3rd.

A not guilty verdict was returned on one count of burglary.

The participation of Maltese in a burglary Nov. 27, 2013, of the Rent-A-Center in Batavia led to his arrest and helped investigators crack the case of three hotel robberies in Genesee County in the week prior to the burglary.

In confessions at the time of his arrest, Maltese told police he robbed the hotels because he needed money to buy crack cocaine. 

"I have been struggling with a major addiction to crack cocaine for about the past six or eight months," Maltese said. "This addiction has consumed me and the majority of my money goes to buy crack to feed by addiction. My crack use got way out of control and I didn't know how to stop or slow down with smoking it. I became desperate for money so that I could get more crack cocaine, so I turned to robbing places to get the money I needed for crack. Every bit of the proceeds from the three robberies went to buy crack for me to smoke. I was out of control with my addiction and didn't know where to turn."

Friedman said the defense challenged whether the confession was truly voluntary as well as some of the facts contained in the confession.

Maltese was also convicted of stealing a safe from a local residence, but he was not convicted of the burglary charge in that case.

Maltese faces up to 15 years in prison on each robbery count. Sentencing is set for March 4.

Millennials -- that generation born after 1980 but before the turn of the century -- came of age in a time of economic stagnation, fewer jobs, fewer chances for career advancement, lower pay.

Technology has ruled their lives.

They're getting married later in life, starting families later, and moving to smaller cities in droves.

Buffalo has attracted a 34-percent jump in recent college graduate residents, outpacing bigger cities such as Los Angeles.

All of these trends, and more, are attracting the attention of land use planners and informing a new way of looking at planning, said Felipe A. Oltramari, director of the the Genesee County Planning Department, during a presentation at City Hall this morning on the Millennial Generation.

There are 87 million people born in the Millennial decades, about 11 million more than were born during the Baby Boom years.

What they want out of life tends to be far different than Baby Boomers or even Gen-X.

To them, suburbs are dead.

A higher percentage of them than any previous generation have never had a driver's license. Often, they don't own cars.

They're more environmentally aware and socially connected through their digital devices.

The reason they're flocking to cities like Buffalo, Pittsburgh, Portland and Houston is they're more interested in deciding what lifestyle they want before deciding what job they will take, Oltramari said.

Sixty-four percent settle in a city before they get their first job offer.

"It's going to be a difficult job market any place you go, so you might as well go to someplace where you want to live," Oltramari said.

So why not go to New York City instead of Buffalo?

Because it costs a lot more to live in NYC than Buffalo.

So why come to Batavia instead of Buffalo?

Because, Oltramari said, eventually, as Buffalo attracts more Millennials, the cost of living will rise. Adjacent small cities such as Batavia can offer some of the same advantages of bigger cities, but at an affordable price.

Besides, Millennials are the coming economic driver, so Batavia should be planning to be the kind of community they want now; otherwise, we get left behind.

The planning model for this new urbanism is called "form based."

From the 1920s until recently, all planning was built around zoning codes -- what developers cannot do, not what a community wanted.

Planning zones were radically segregated, not just separating, say, residential from industrial, but apartments from houses, offices from retail space, artisans from factories.

Mix-use was a product of the organic growth of American cities in the 19th Century, but planners tried to stamp it out in the 20th Century.

In the post-War years, as suburbs grew and highways were built to accommodate the booming auto industry, planners replaced dense city blocks with strip malls and paved over culturally diverse neighborhoods.

Batavia, with its white elephant of a mall and Urban Renewal conformity, is an example of a city that lost its soul to parking lots and drive-thru restaurants.

"What planners tried to do was try to make our cities more like suburbs, and what did we get? Very bad suburbs," Oltramari said.

Form-based codes allow cities to set a vision for what they want to be.  

"Conventional planning looks at use, not at form," said Derik Kane, a senior planner for the county, and himself of the Millennial Generation. "In looking at use, you eliminated things you might want, such as small artisans when you moved out the industry, things like that that make an economy and a community. With form-based codes, instead of eliminating things you don't want, you say what you do want."

For developers, new construction and renovation of existing structures becomes a more streamlined process.  

A community with form-based codes doesn't need to require a developer to go through the current lengthy and expensive environmental review process, Oltramari said, because a conforming proposal will already fit within those environmental requirements.

"We need to be moving at the speed of business," said Chris Suozzi, VP of business development for Genesee County Economic Development Center. "Developers don't want delays."

The City Council has already approved funding for a new master plan for Batavia and City Manager Jason Molino said form-based codes will certainly be part of the discussion as the process moves forward.

Urban Renewal did a lot of damage to Downtown Batavia, but there are still positive aspects that can be enhanced.

Kane pointed out that experts in new urbanism recommend you build on successes, rather than trying to fix problems.

For Batavia, that success would center around Jackson Square, especially Jackson Street.

Oltramari suggested borrowing a page from a small Massachusetts city and building over a portion of the parking lot on the west side of Jackson Street and putting up a row of single-story, small retail shops.

Millennials want walkable communities -- remember, they often don't have cars -- which means density, and more retail on Jackson would give them what they want.

County planning is planning on bringing in a walkability expert this summer to study Batavia, but online resources such as WalkScore.com already give Batavia low marks.

On a scale that counts 80 as pretty good, very little of Batavia scores higher than 70 (my house, three blocks south of Downtown Jackson Street, scores 67).  

Greater density and more options downtown would help improve those scores, which Millennials look at when deciding where to live.

One issue planners might wrestle with is Baby Boomers still have an auto-oriented mindset. They demand parking. They expect to park right in front of the store they wish to enter. Any proposal to eliminate parking downtown is going to meet resistance, even as data shows it's not necessary.

People will park and walk, or just walk from their residence, if it's an interesting walk, Oltramari said. 

"Nobody wants to park on the far edge of the Walmart parking and walk to the store, because it's not interesting," Oltramari said. "But if you measure it, they probably walk at least twice that distance once they get inside the store."

People will walk for blocks and blocks at Disneyland, he noted, and then come home and complain if they can't find a convenient parking place downtown.

For Millennials, if they're living and working in a neighborhood they like, parking simply isn't an issue.

"The good news is, we know how to build this way," Kane said. "We built this way for centuries.  Your villages, your main steets, are all walkable places."

Copies of the slides used in Oltramari's presentation along with related material can be found on the Web page for the county planning department.

Carolina M. Frias, 34, of West Main Street, Batavia, is charged with four counts of endangering the welfare of a child and criminal nuisance. Frias is accused of providing alcohol to four juveniles at her residence.

Kimberly A. Brodsky, 23, of Elm Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic ticket. Brodsky turned herself in to Batavia PD. Brodsky's mother posted $250 bail.

Marene A. Donnelly, 29, of Oak Orchard East, Albion, was arrested on a warrant for allegedly parking after hours on city streets. She turned herself in to Batavia PD.

Kelly A. Kasper, 44, of Dellinger Avenue, Batavia, is charged with endangering the welfare of a child. Kasper is accused of causing pain to a child during a domestic incident. She was jailed on $3,000 bail.

Kurt Wayne Tripp, 58, of Bernd Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and refusal to take breath test. Tripp was arrested following a report of a vehicle on fire in a field at 7:53 p.m. Monday on Buckley Road, Stafford. It's alleged that Tripp drove a 2006 Chevrolet pickup while intoxicated when it travelled off the west shoulder of the road and eventually caught fire.

A pair of investigations by the Local Drug Task Force has led to the arrest of two men, one accused of selling a controlled substance, the other of selling marijuana.

Busted were Joshua L. Baltz, 38, of Wood Street, Batavia, and Mark A. Knickerbocker, 17, of Route 262 in Byron.

Baltz allegedly sold a quantity of suboxone to an undercover agent on three separate occasions, once in Pavilion and twice in the City. 

He is charged with criminal sale of a controlled substance, 4th, a Class C felony.

Knickerbocker is accused of selling marijuana to a person under age 18 while in the Town of Bergen in May.

He is charged with criminal sale of marijuana, 2nd, a Class D felony.

The task force was assisted by the District Attorney's Office, uniformed deputies and Batavia PD.

The body of an 84-year-old Batavia man was found in a field off Cookson Road late this morning following a search by state troopers and Sheriff's deputies.

Alphonse Spiotta was last seen by a family member yesterday evening, a trooper said. His daughter reported him missing this morning.

At around 10 a.m., a county road maintenance worker reported finding a car off the roadway at 4312 Cookson Road, Alexander, that crashed into a tree. No one was around the vehicle, which was just around the curve where Dorman becomes Cookson. The worker told dispatch he first spotted the vehicle yesterday.

About 10 minutes later dispatch got a call from a woman who said her father was missing and that he was last seen yesterday.

A State Police helicopter was dispatched to the scene, but officers found the body shortly before it arrived. Sheriff's and State Police K-9s assisted in the search.

The man's body was found along a tree line next to the field some 300 yards south / southeast from where the car was found.

Alexander fire and Mercy EMS also responded to the scene.

Tony Mancuso shared with us another picture of old Batavia from his family archive. This shot is of a group known as the Batavia Archers. He doesn't know the year nor can he identify most of the people in the photo. He'd love to hear from anybody who can. His father, Joe Mancuso, is second from the left. The young lad looking like Robin Hood, near the center of the photo with the feather in his cap, is Jim DiSalvo, currently owner of Applied Business Systems and of the home on Fargo Road known for its annual Christmas lights display.

The Batavia woman who at one time thought she was the grandmother of a baby who died while reportedly in her son's care should have the criminal charge against her dismissed, her attorney will argue in a series of motions that will be filed March 3.

Jacquelyn Deats is charged with endangering the welfare of a child, under the theory that she took no action to seek medical attention for 6-month-old Chandler Zuchs before he died Dec. 10.

Court documents that were available at the time -- and have since been sealed -- contained statements by Jacquelyn Deats and her son Jeffrey Deats that seem to indicate the once-presumed grandmother was alone with Baby Chandler and noticed something wrong, but didn't call for an ambulance.

When Jeffrey Deats came downstairs that morning, he found Baby Chandler unresponsive. It was then that 9-1-1 was called.

Baby Chandler, according to later medical examiner reports, died of brain injuries.

Jeffrey Deats, who seems to have believed he fathered Chandler with Michelle Zuchs (aka Michelle Denise), was charged with manslaughter.

In Facebook and Twitter posts, prior to Chandler's death, he displayed a good deal of pride and affection for little Chandler.

While confined to the Genesee County Jail, Deats learned he wasn't Chandler's father.

A week after Chandler's death, Deats attempted to hang himself in his cell with bedsheets. He later died at ECMC.

Jacquelyn Deats appeared in court today with her attorney Thomas Burns and entered a not guilty plea to the charge of endangering the welfare of a child.

Burns, always aggressive on behalf of his clients, plans to file several motions aimed at either getting the charges dismissed or his client's statements surpressed.

Outside of court, Burns said he plans to challenge the legal sufficiency of the charge as well as bring a motion to dismiss the charge in the interest of justice.

A dismissal in the interest of justice has legal precedent and is predicated on a series of legal tests the judge must consider. 

"The case meets all the criteria for dismissal," Burns said. "(The motion) doesn't necessarily look at the merits of the case, but at the person's background, culpability, lack of criminal record, lack of a drug problem, factors such as no need for rehabilitation, no protection of the community issues. You put it all together and argue that the charge should be dismissed."

Burns has yet to see any evidence in the case, which could also be a factor in his series of motions.

With the Jeffrey Deats case sealed, it's unclear if Burns will have access to the medical records and police reports.

The case was sealed by Judge Robert Balbick under New York Law that requires cases to be sealed when a criminal case is resolved in the defendant's favor. With the death of Jeffrey Deats, the charges against him were dismissed.

The City of Batavia has realized a 500-percent return on its $360,000 investment in community development, Julie Pacatte, economic development coordinator, told the City Council on Monday night.

The Council has authorized $90,000 a year over four years to the Batavia Development Corporation- that's $360,000. In return, the BDC has generated more than $2.1 million in public-private investment in Downtown.

Several of the projects managed by BDC were building owners constructing renovated apartments, all of which rented immediately.

But perhaps the biggest win is the renovation of the old Carr's Warehouse in Jackson Square.

The property sat vacant and deteriorating for three years. The city marketed the building as a revitalization project and eventually found a developer.

With the help of a $115,000 state grant, Paul Thompson and his partners invested more than $500,000 in constructing four apartments and a first-floor office area.

The vacancies were filled as soon as construction was completed.

The property was assessed at $30,000, but since it was a city-foreclosed property, it was generating zero tax revenue. Now it's assessed at more than $200,000 and on the tax roles. (The developer has the option to apply for a tax abatement by March under a municipal program that works like a PILOT, offering tax relief on the increase in assessed value).

The nine new residential units, using current economic models, are worth about $5,000 each in extra consumer buying power Downtown, Pacatte said.

Pacatte's job has been funded in the past through the use of revenue generated by Batavia Downs and transferred by the state to the city on an annual basis.

Since this is not general fund revenue, it doesn't have any impact on local property taxes. Even so, there is some question as to whether the current council is willing to once again use city money to fund the development coordinator's position.

Pacatte's Monday presentation could be seen as a pitch to save her job, but that didn't stop her from getting a little feisty. She was full of energy during her presentation, and when she spoke about negative attitudes, Councilwoman Rose Mary Christian challenged the remark and Pacatte shot right back with her own view.

The topic of the exchange was the mall, which Pacatte had already called a travesty and an embarrassment and one of the factors weighing down economic development in the city.

"I think maybe people have a negative attitude because they have heard the same old thing year after year," Christian said. "How many years have we heard we're going to do something with the mall. I've sat on this board for 24 years and I've heard year after year we're going to do something with the mall."

Pacatte responded that she didn't say the BDC was going to do something with the mall, just that the issue needed to be resolved.

The negative attitude discussion harkens back to a consultant report from three years ago, which Pacatte referenced, that said one of the things hurting Batavia is a persistent, nagging culture of antagonism to new proposals.

From the report (pdf; page 29):

... many residents and business leaders alike are quick to say what is right about the place, but only after they or others have said how it is not the community it used to be. This habit goes to the core of the challenge for Batavia. Regardless of how effective the city government is, or how successful the schools are, or how homeowners keep up beautiful homes, there is always the perception that things used to be better. This sets up an impossible goal: Batavia needs to be as good as its finest past features, but without any of its previous problems, and certainly without any of yesterday’s resources. It allows critics to say, “see, I told you so.” It lives on phrases like “that can’t be done,” and “we tried that,” and “here’s why that won’t work.” Until the community addresses this problem, Batavia won’t achieve its full and substantial potential.

Pacatte has succeeded in helping to bring new development to Downtown Batavia despite the naysayers. Each new apartment development was met by a wave of criticism and endless predictions that nobody would rent such high-priced units.

Yet, there are no vacancies. Landlords rent the apartments as quickly as they become available.

The Carr's project was roundly criticized, yet it's successful.

The negative attitudes are just something to try and work though as a professional, Pacatte said after the meeting.

"I think it's important to listen to what the community is saying, but we also have access and in our profession we understand that these projects do happen and happen a lot in other communities and there's no reason it shouldn't happen in Batavia," Pacatte said. "We bring the folks to the table who can make it happen.

"It's important to hear some of the negativity at the time to maybe rethink how we approach a project," Pacatte added, "but it's important to be a professional and understand that it is possible and persevere to that end. I was hired to impact the economic community in Batavia and I believe that's what I'm doing when I push those projects forward."

In 2015, the BDC will look to advance the Batavia Opportunity Areas, such as the Della Penna property on Ellicott Street, and right next to it, the Santy Tires property.

The mall fits in there somewhere, as well, though that is a much stickier problem with all of the competing interests and ancient animosities. Pacatte believes there might be an opportunity to apply for funding in 2015 through the Finger Lakes Regional Economic Development Council to pursue some sort of long-term solution.

She also sees as her job in 2015 an effort to foster a greater entrepreneurial spirit in Batavia, to coordinate and implement a new micro-enterprise grant program, and support an industry-specific incubator.

The BDC will also apply for more redevelopment grant money from the state.

Between the public comments section at the top of the agenda and a presentation by folks with Vibrant Batavia, the City Council heard more than an hour of reasons to keep the city-created community promotion group.

Some on council sounded a skeptical tone about continued funding.

Vibrant Batavia is seeking $50,000 for 2015. City Manager Jason Molino is recommending $45,000, which is in line with the commitment the council made to Vibrant Batavia two years ago.

"I would be very disappointed and embarrassed if you were pulling back on your financial commitment to Vibrant Batavia, putting your reputations on the line," said Mary Valle, a local business owner and active member of the Vibrant Batavia Board.

The community's business owners donated their money for Batavia's centennial, committed to our community. How could things continue without a leader for Vibrant Batavia? If you do pull back, our business leaders, I believe, every one of them, would be very hesitant to donate and support projects in the future."

Councilman John Deleo said he's having a hard time justifying to himself and his constituents the expenditure of $45,000 or $50,000 on Vibrant Batavia when the city is talking about a tax increase.

"I did run as a fiscal conservative," Deleo said. "In fact, I may be downright stingy with taxpayer money and this is what I'm obliged to."

Last year, Vibrant Batavia was funded to the tune of $45,000 through unspent contingency funds from the previous budget year. Whether it's funded -- if it's funded -- through the same process this year, or from reserves, or through the general fund, or perhaps with video lottery money from Batavia Downs, is something for the City Council to discuss.

Funding or no, Vibrant Batavia won't necessarily have any impact on the tax rate.

Vibrant Batavia Director Leanna DiRisio (pictured) provided the council with an overview of what Vibrant Batavia has accomplished in its first two years.

• Hosted coffee talks
• Conducted neighborhood surveys
• Hosted a fall frolic
• Hosted home tours
• Published the Vibrant Times
• Organized neighborhood meetings
• Sponsored beautification projects
• Set up a community art project
• Organized the city's ongoing centennial celebration.

One of the big accomplishments for Vibrant Batavia in 2014 was raising $124,000 to fund this year's Batavia centennial celebrations -- an ongoing series of events that started with New Year's Eve fireworks and parties in City Hall and on Evans Street.

Valle noted that Vibrant Batavia, by raising so much money, exceeded council expectations, and that Deleo in particular expressed skepticism that the group could meet its fundraising goals

Those funds can only be used for the centennial and can't be used for Vibrant Batavia operations. 

In year three, Vibrant Batavia, if funded, will focus on neighborhoods, particularly along the lines of forming three block clubs, DiRisio said. One on the Southside, one on the East End and one in the Central Park District.

Vibrant Batavia would also look pursue leadership development for community leaders and deliver programs that engage residents and build pride in the community.

All Vibrant Batavia is trying accomplish comes right out of a plan developed for the city three years ago by consultants with czb.

The consultants found that with greater civic engagement, Batavia could improve itself both economical and socially, spurring revenue growth and decreasing crime.

It all begins, the report said, in fostering a greater sense of community pride and more community engagement.

Those who spoke during public comments, such as Lisa Barrett and Paula Miller, said Vibrant Batavia has certainly hit that target.

After one neighborhood event, children who live near Barrett were asking her when they could have another block party. Next week, maybe? Not that soon, said Barrett, but soon.

"I think when youth see adults caring about their neighborhood, then as adults they will care about their neighborhood," said Barrett, not in person but on a video screened for the council, as was a video from City Church Pastor Marty McDonald, who is very active in Vibrant Batavia.

Miller said before their neighborhood gathering, she and some of her neighbors were concerned about one house on their block that seemed to be a source of ongoing issues with the tenants.

The opportunity to come together as neighbors with city officials, including police and code enforcement, helped lead to an eventual resolution of that issue, she said.

"We felt it was a unique opportunity to bring our concerns to them and through that developed a request with City PD and city administration to come around and hear our complaints," Miller said. "It wouldn't have happened if we each felt we were the only ones hanging out there. We came together as a united effort to resolve our issue."

Deleo said there has been a lot of good work by Vibrant Batavia that he supports, but his constituents aren't seeing the value, not when faced with a 1.7-percent property tax increase.

"If we had a flat tax rate, I think it would be great," Deleo said. "Voters are pounding on me. They understand the water rates, but they can't understand the 1.7."

Councilman Eugene Jankowski, who used a post on Facebook yesterday to generate feedback from local residents, said everybody seems to believe Vibrant Batavia does good work. Where opinions diverge is on whether it should receive city funding.

"If we fund it completely, then we're not listening to half the people who don't want it funded by the city," Jankowski said. "If we don't fund it, then we're not listening to the other half. I don't know if we could fund it to a different degree to please both sides."

They call it "the Lt. Whitcomb incident," Assistant City Manager Gretchen DiFante told the City Council Monday night.

Jeff Whitcomb, a city fire officer, was leading a group of firefighters into a burning building at Ellicott and Swan streets Sept. 18 when he tried to radio critical information to his scene commander, Chief Jim Maxwell.

Whitcomb couldn't get a "grant tone."

That radio message comes from the dispatch center and signals the radio channel is clear and the responder in the field can transmit. Without it, the radio in the responder's hand is not much more than a brick.

After the meeting, Maxwell confirmed there was an issue with Whitcomb's attempt to transmit that day.

"What happened there was the lieutenant was inside and he was trying to radio out and he couldn't, so we thought it was a system failure because he couldn't get the grant tone," Maxwell said. "After we submitted the problem report we got a response back from Harris that the system worked the way it was supposed (to). We were operating at the fire ground on the same channel they dispatch on and dispatch has priority."

The inability for a firefighter in a burning building to transmit, even if only delayed by seconds, can mean the difference between life and death.

"This was a major turning point for us," DiFante said. "That's when I went to my boss and said, 'oh, boy, Mr. Molino, we've got to do something about this.' "

DiFante recognized immediately that not only were lives at stake, but as a matter of her fiduciary responsibility to taxpayers, the city faced a potentially monstrous liability issue if police officers and firefighters were saddled with a communication system that made them vulnerable in moments of crisis.

A year ago, the county switched communication systems for police and fire to a $10 million digital system designed and built by Rochester-based Harris RF.

The need for the new system was largely driven by the FCC and Homeland Security, with a goal of freeing up the frequencies used by the old system and improving interoperability between local departments on a nationwide basis.

The grant money available for the new system came with a hard deadline for launching the Harris system.

Typically, a new communications system can be tested and refined over an 18-month period, which is what Ontario County did, DiFante said.

Genesee County got no time to test its new system before the old system was shut down.

When DiFante researched the issue, she found other jurisdictions facing similar issues with the Harris system. Miami-Dade County had to buy a new system. Las Vegas is tied up in a lawsuit with Harris. Oakland PD has had trouble, including 35 minutes of downtime when President Obama was in town.

The issue, however, she said, isn't with Harris. It's the nature of digital technology. Anybody with cable TV, she said, understands that digital technology is subject to disruption.

"Digital technology is great when it works, but when it doesn't, it causes things to happen," DiFante said.

So DiFante asked her contact at Harris which agency was doing the best with the new system, and she was told, without a doubt, Ontario County.

In her first contact with a communications director in Ontario County, he had a reaction she found common during her research -- those poor people in Genesee County.

"You know what he said -- everybody says the same thing when you tell them you're from Genesee County, 'you know what Gretchen, those poor people over in Genesee County and what they had to do,' " DiFante said.

From Ontario County, she was given the name of a consultant whom Harris is now paying to help the county resolve some of the issues facing the system.

This research, she said, led to the City Fire Department changing its communication protocol.

The volunteer departments in the county are going to the same procedure.

It won't be until March, DiFante said, before all the radios are reprogrammed.

The new system will require scene commanders to carry two radios. One will be used for communicating with dispatch. The other will be tuned to an analog tactical channel, which will be the channel used by firefighters use to communicate with each other while at a fire scene.

There will no longer be an issue with dispatch communications taking priority on the same channel with firefighter-to-firefighter communication.

There remain issues with the system DiFante said, though things have improved dramatically for both the police department and fire department over the past several months.

"We're very close to resolution," DiFante said. "What's happened since October is exciting. I can sleep better at night. This is the only thing that has kept me awake at night since I started my job."

Chief Shawn Heubusch agreed that when the new radio system was first introduced, he was troubled by the communications issues and concerned about the safety of his officers.

"There are some issues, as with any new product that is out there," Heubusch said. "It's constantly being tweaked. As she mentioned, it takes 18 months to vet these things. We didn't have that kind of time, so to put one consultant's words out there, 'we watched sausage being made.' Nobody wants to see sausage being made."

While DiFante held up folders full of trouble reports filed by the city with the county about the radio system, Heubusch said most of those trouble reports were filed months ago.

"They've made great strides in correcting the issues," Heubusch said.

Sheriff Gary Maha confirmed this morning that the county has not received a trouble report from the city since November.

Every radio system has its own issues, Heubusch said. The old system had dead spots in the city, and going back even further, when dispatch was handled by City PD, officers knew there were certain buildings -- such as the Harvester complex -- where they would be out of radio contact while inside.

"There are certain inherent dangers to public safety work that we kind of just take for granted, that we understand are out there," Heubusch said. "Digital technology has come a long way since it was implemented and again we are working on the issues that are in play with this system now and they've made great strides in making our officers and fire officers much safer."

There are issues, DiFante said, with gain control and voice fluctuations.

She also said there are still significant issues with coverage areas in Le Roy, but declined during her presentation to go into detail.

We spoke with Chief Chris Hayward, Le Roy PD, this morning and he confirmed there are ongoing issues that the county and Harris are working diligently to try and resolve.

There's one section of the village and some sections of the Town of Le Roy where the radios don't work well.

With the old system, the county had three antenna towers. The new system has six. One is on Cedar Street in Batavia, three are on the west end of the county, and there is one in Bergen and another in Pavilion.

There isn't a tower in the middle of the east side of the county.

A solution to Le Roy's dead-spot issue might be constructing a tower on Asbury Road.

Putting in a repeater at that location was the solution in the 1990s when Le Roy PD and Fire had reception issues with the old system.

Harris is running tests this week to try and identify any technology in the area that might be creating interference. At one time, there was concern that the LED lights on police cars were causing interference, but that has been ruled out, Hayward said.

As for using a tac channel for firefighters, he said the Le Roy Fire Department came upon that solution to its communication issues soon after the new radios were operational.

Hayward said he understands the county was put in this situation through no fault of its own and believes all involved are working to make things right.

"Hindsight is 20/20 and you can always ask, 'Why didn't think of this or why didn't think of that?' but I think they did a pretty good job of thinking ahead," Hayward said.

Heubusch also expressed confidence that everything possible is being done to ensure the county has a safe and reliable communications system for its emergency responders.

"It's the number-one priority with the county," Heubusch said. "It's the number-one priority with the city. It's the number-one priority with Harris -- keep everybody out there safe."

DiFante's presentation was only a portion of her 40-minute talk in front of City Council, which was really about all of the work she's done since becoming assistant city manager.

Her overall responsibilities include overseeing administrative services, including finance, the clerk-treasure, personnel, information technology, the youth bureau and assessment; as well as programs such as the community rating system and insurance, with additional projects such as how to handle a burgeoning population of feral cats, the Redfield gateway and strategic planning.

Bill Cultrara and Larry Reisdorf are eager for the snow to clear from the smoker so they can get busy again with some serious BBQ.

Reisdorf has owned and operated Duke's Smokin' Bone, a catering service, for about a decade, and with business growing, he thought Cultrara's experience and expertise could help kick things up a notch.

Cultrara is a chef and former owner of Delavan's.

"With his experience, I thought it would be great if we could team up and work together," Reisdorf said.

Fans of Delavan's will be glad to see Cultrara cooking again, and happy to know Duke's will start offering his secret-recipe Italian sausage.

"I saw this as a different opportunity, nothing I've ever done before, and I like to learn," Cultrura said.

The new menu will include spatchcocked chicken and beer can chicken along with beef brisket and ziti and sausage (smoked or grilled). Duke's longtime favorites, quarter chicken, pulled pork and ribs, along with a several other meats, will also be available.

Duke's is available for private parties, corporate events and graduations.

For more information, visit Duke's Web site.

Julian Munoz, 63, of Transit Road, Elba, and Carmelina Chavez, 47, of Drake Street, Oakfield, are charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Munoz and Chavez, brother and sister, allegedly choked and pushed a victim down a flight of stairs. 

Heather Jaye Interlicchia, 55, of Ramona Street, Rochester, is charged with possession of more than 400 untaxed cigarettes. Interlicchia was stopped for an alleged traffic violation at 12:08 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Windfield L. Marshall, 44, of Lake Street, Le Roy, was arrested on a warrant for alleged failure to pay fine on a parking violation. Marshall turned himself in and posted $25 bail.

Khadijah Azizza Davis, 23, of Arnett Boulevard, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, unlicensed driver and speeding in zone. Davis was stopped at 11:49 p.m. Wednesday on Clinton Street, Batavia, by Officer Jason Davis, for allegedly driving 47 in a 30 mph zone. Davis was jailed on $1,000 bail.

Kasean L. Shannon, 22, of Hutchins Street, Batavia, is charged with unlawful possession of marijuana. Shannon was allegedly found in possession of marijuana during police contact with Officer Marc Lawrence while on Washington Avenue at 1:37 p.m. Wednesday.

Chana J. Mitchell, 22, of Prospect Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Mitchell turned himself in and jailed on $200 bail.

Joseph Michael Marceill, 47, of Pringle Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a driving while registration suspended or revoked charge. Marceill turned himself in, was arraigned and released on his own recognizance. 

Cynthia C. Richardson, 35, of Maple Street, Batavia, is charged with a curfew violation. Richardson was arrested after police responded to a report of a fight at 1:29 a.m. Saturday on Court Street. Richardson's 14-year-old son was allegedly located on Evans Street near Ellicott Street at 1:34 a.m.

Donna A. Cocoran, 41, of St. Mary's Street, Pavilion, is charged with DWI, aggravated DWI, aggravated unlicensed operation, 3rd, and suspended registration. Cocoran was stopped at 12:49 p.m. on Elm Street, Batavia, by Officer Eric Foels.

Samuel J. Barber, 20, of Bank Street, Batavia, is charged with unlawful possession of alcohol under age 21. Barber was arrested following a complaint of a party at 12:32 a.m. Sunday on Bank Street, Batavia. Barber was allegedly hosting the party along with two other individuals. Also charged were Abdullah B. Diallo, 19, of Bank Street, Batavia, and Seanmichael G. Kidder, 19, of Bank Street, Batavia.

Robert Jean Jackson, 38, of Albert Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, speeding in zone and failure to change address on license. Jackson was stopped at 1:17 a.m., Saturday, on Main Street, Oakfield, by Deputy Joseph Corona.

Justin L. Sanders, 23, of Byron, is charged with grand larceny, 3rd. Sanders was arrested by State Police and jailed on an unspecified bail. No further information released.

Allison A. Sobczak, 23, of Batavia, is charged with DWI and aggravated DWI. Sobczak was stopped at 11:02 a.m. Friday in the Town of Batavia by State Police.

UPDATE: Later today, State Police put out a press release on Sobczak's arrest.  Here's a portion of it:

Sobczak arrived to the Batavia barracks to file a complaint when Troopers smelled an odor of alcoholic beverage coming from her. After her verbal admission that she drove to the barracks, she was detained for a DWI investigation. After Sobczak failed the Standardized Field Sobriety Tests, she was placed under arrest for DWI. 

Sobczak was arrested and escorted back to the patrol room where she registered a BAC of .24%. She was issued citations returnable to the Town of Batavia Court on January 29, 2015.

Katrina M. Jones, 46, of Buffalo, is charged with conspiracy, 5th, and grand larceny, 4th. Jones was arrested by State Police and held on an unspecified bail. No further information released.

Christopher F. Bragg, 29, of Corfu, is charged with grand larceny, 3rd, and scheme to defraud, 2nd. Bragg was arrested by State Police. No further information released.

Jules Hoepting, a student at Oakfield-Alabama, warms up before her graded soloist performance at Batavia Middle School on Saturday.

Vocal soloists from throughout Genesee County converged on the school for a series of performances that could be part of their grade (depending on the school) and used to determine who will be part of an all-county music recital in March.

The program is organized by the Genesee-Wyoming Music Educators Association.

Sarah Wether, from Batavia, warms up with her instructor David Grillo.

The hallways were filled with students waiting their turn to perform, and parents.

Midmorning some time, agents of Homeland Security, Secret Service, ICE and State Police raided a residence at 3618 Batavia-Oakfield Townline Road, Batavia.

The agents arrived in multiple vehicles including two black vans.

While we were on scene, agents were pulling out large and small green branches. It looked for all the world like they had cut up the family Christmas tree and were stuffing it into large black bags.

An agent on scene said, "I can't tell you anything, except those are not Christmas tree branches."

Agents also carried out boxes.

When we asked a Homeland Security investigator if we could talk to the scene commander, he said we would need to contact the public information office for information. He provided a phone number. That number is nothing but an endless loop of voice prompts, making it impossible to speak to a real person or even leave a message.

We're are continuing to try and track down further information.  

UPDATE 11:02 a.m.: Reviewing my pictures from the scene at higher magnification on the computer, the branches appear to be marijuana plants stripped of leaves (one branch still has some leaves on it, and they look like marijuana leaves). Will have pictures posted shortly.

UPDATE noon: Karen Wisnowski, spokeswoman for Homeland Security in Buffalo, confirmed there is an ongoing investigation in a joint operation between Homeland Security, Secret Service and State Police, but could not comment further. She said the case is under a court-ordered seal at this time. More information will be released once the seal is lifted.

UPDATE 5:10 p.m.: We checked in with Karen Wisnowski. No new information available yet.

A "physical disturbance" is reported by a passerby in the parking lot of the convenience store at 505 E. Main St. in the city. A hispanic female and several black males are allegedly involved. Police are responding.