batavia

By Tom Rivers, Orleans Hub

In 1965, a year before Genesee Community College officially started, Carl and Bernice Yunker took up the challenge to help create the college.

They talked to neighbors and friends, and local town and county officials. The idea wasn’t popular. People worried their taxes would go up with a new community college.

The Yunkers and other GCC supporters were able to convince the public to back the effort. The Yunkers’ son, Craig, observed his parents a half century ago and their push to make GCC a reality.

He is taking a turn in the spotlight now, working to rally friends and neighbors, and the general public on behalf of GCC. The college is planning a $20 million-plus project, its most ambitious since its beginning.

Yunker is the chairman of the fund-raising campaign that seeks $5 million in donations from the public. Donors have already stepped forward with $4 million.

“This campaign will change this college,” Yunker said during a campaign kickoff on Wednesday evening with about 100 GCC supporters. “It will propel it for the next 50 years.”

The college in the spring expects to start site work on two buildings – a 9,000-square-foot “Student Success Center” and 43,000-square-foot “College and Community Event Center.”

GCC also is working to raise $1 million for scholarships. That endowed fund will allow GCC to offer financial help to 80 to 100 local students each year.

For more of this story, visit OrleansHub.com.

Photo by Howard Owens.

A Batavia man with several prior arrests admitted in County Court on Wednesday to stealing another person's wallet at knifepoint in August.

Robert J. Probst, 34, of Maple Street, pled guilty to robbery, 2nd. 

As a prior felony offender, he faces up to 15 years in prison.

Probst was arrested in October, accused of confronting a 22-year-old victim on Pearl Street and taking his wallet.

Over the past few years, Probst has been arrested on various lesser charges in Batavia, but his prior felony offense for sentencing purposes is a 2002 robbery of a business in Batavia.

Leslie R. Parris, 32, of Manor Parkway, Rochester, is charged with burglary, 2nd, robbery, 3rd, and criminal mischief, 4th. Parris was picked up on a warrant stemming from an alleged Nov. 26 incident in which Parris is accused of making forced entry into a residence and stealing a mobile phone. Parris was held without bail pending another court appearance.

Andrew Hollis Nickerson Jr., 26, of Livingston Avenue, Jamestown, is charged with unlawful possession of marijuana, uninspected motor vehicle and driver's view obstructed. Nickerson was stopped at 8:20 a.m. Wednesday on East Main Street, Batavia, by Deputy Patrick Reeves.

Joseph C. Jeffords, 23, of Ross Street, Batavia, was arrested on a warrant stemming from a petit larceny charge. Jeffords turned himself in. He allegedly failed to appear on the charge previously. He was jailed on $1,000 bail.

Gregory A. Cole II, 22, of New York Street, Rochester, was arrested on a warrant for alleged failure to appear on a theft of services charge. Cole was located by Rochester PD and turned over to BPD. He was arraigned and jailed on $1,000 bail.

Woodrow C. Horseman, 38, no permanent address, Batavia, was arrested on a warrant stemming from a criminal possession of a weapon, 4th, charge. Horseman allegedly failed to comply with conditions of treatment court, so a warrant was issued for his arrest. Horseman was spotted by Officer James Defreze and Det. Eric Hill walking on Ellicott Street and was taken into custody. He was jailed on $100,000 bail.

Ricky A. Marsceill, 50, of East Main Street, Batavia, was arrest on a warrant for alleged failure to appear on a traffic summons. He was located at his residence and taken into custody. He was jailed on $300 bail.

Kristine Szumigala, 41, of Batavia, and Michael A. Balla, 39, of Machias, are charged with conspiracy, 6th, and unlicensed operation, 2nd. A car was reported off the road on State Route 39 in the Town of Castile at 9:09 p.m., Jan. 16. Deputy Aaron Chase, Wyoming County Sheriff's Office, responded to the scene. Szumigala and Balla are accused of conspiring to lie about who was driving the vehicle at the time of the accident. Balla was charged with third-degree unlicensed operation, second-degree aggravated unlicensed operation, and unsafe lane change.

A budget that drops spending by $300,000, even with a tax increase, is a little more palatable than a budget proposal that increases spending and raises taxes, Councilman Gene Janokowski offered near the end of a budget workshop in City Hall on Tuesday night.

There's an element of the council that agrees with Janokowski's balanced take on the administration's proposed budget, with its property tax increase of 16 cents per $1,000 of assessed value, said Council President Brooks Hawley after the meeting.

There are also those who side with Councilman John Deleo, who is having a hard time accepting the thought of any tax increase.

His senior constituents, many on fixed incomes, and his working constituents who haven't had a raise in pay in years are telling him to say no to a tax increase, he said.

"If I want to keep my seat, I've got to answer up to them," Deleo said.

In response, City Manager Jason Molino said the proposed budget continues the conservative revenue and expenditure projections that have been part of his administration's strategies for the past several years and have helped guide the city into calmer fiscal waters.

"We've stuck to the core fundamentals of budgeting," Molino said. "As long as there are no outliers, no huge unexpected expenses and no big dips in revenue, over a 10-year period, you can expect taxes to fluctuate within 3 percent, up to a 3-percent increase or a 3-percent decrease. Generally, residents can live with minor fluctuations in either direction, but what gets you into trouble (are) 4- and 5- and 6-percent increases."

He cautioned against using reserves to balance the budget because that's what puts municipalities in a bad spot and eventually leads to those big tax increases.

The proposed budget anticipates a continued slump in gas prices, cutting heavily into the 18 percent of the city's sales tax revenue that comes from fuel sales, and doesn't assume growing consumer confidence and greater buying power will necessarily lead to sales tax growth in the retail sector.

For the average homeowner, the tax increase and higher water rate will add up to only $27 a year in added expense, Molino said.

Deleo said he knows that doesn't sound bad, but his constituents want no tax increase under any circumstances.

Hawley said it's too early to predict how the council as a whole will direct Molino to modify the budget, if at all.

"I think the administration as a whole did a good job on the budget, but it's just a proposed budget and this is just our first meeting during the session," Hawley said. "We've still got a couple of months yet to look at it. There are some good things and there are some things we might want to change. For right now, I appreciate the administration coming here tonight and laying everything out in front of us."

The budget workshop is a chance for the city's department heads to explain expenditure requests and for council members to ask questions. The session went from 7 to 9:30 p.m. and included all departments except police and fire, which the council will hear from after Monday's regular meeting.

The proposed budget can be downloaded here (pdf).

Here are some highlights:

• Proposed $318,558 on sidewalks for Redfield Parkway, Allen Street, Holland Avenue, North Street, Olyn Avenue and 27 curb ramps at these locations;
• $201,800 on road resurfacing;
• $217,050 on legal services, including $57,550 prosecutorial services;
• Six upgraded computers and support subscriptions for city computers at $23,544;
• Wireless service for City Hall and citywide IT support, $50,625;
• The summer recreation program, $68,000;
• New roof on the youth center, $25,000;
• Total Youth Services spending, $194,715;
• Budget for the Bureau of Inspection, $329,965;
• In Public Works, a purchase of cab and chassis, $20,000;
• The total street maintenance budget is $607,115;
• Fuel costs, $66,500 for diesel and $21,020 for gasoline;
• Total budget for the Public Works garage, $495,345;
• The total cost of snow removal, $541,830, with $150,360 for sodium chloride, $20,800 for parts and equipment;
• Powering the city's public lights, $220,000, plus another $16,000 to power traffic lights;
• Replacing vandalized park equipment will cost $10,500 for Austin Park slides;
• Tree removal and trimming parks, $25,000; tree replacement, $13,900;
• Total parks budget, $217,150;
• Street cleaning, $39,270;
• The fire department proposed budget is $3.9 million, with $2 million in base salaries, $125,000 in overtime, $139,390 in holiday hours, a $35,000 one-ton utility vehicle, $21,000 in professional development and training, a $549,190 contribution to the state retirement fund, $188,430 for Social Security taxes;
• The police budget is $4 million -- $2.1 million for base salaries, $220,000 for overtime, $12,000 for the emergency response team overtime, $85,000 for holiday pay, $63,360 for two patrol vehicles, $61,000 for gas, $44,870 for uniforms and body armor, $19,000 for travel and training, $38,000 for new officer training, $539,980 for the state retirement fund and $194,340 for Social Security tax, and $434,610 for medical insurance.

Dr. Russell Marchese Jr. -- 585-343-2711. Like us on Facebook for more information.

A 39-year-old Rochester man has admitted in federal court that he sold drugs commonly known as bath salts in Batavia and other communities and faces a maximum prison term of 30 years or $2 million fine or both.

Charles Fitzgerald entered a guilty plea to possession of a controlled substance with intent to distribute before U.S. District Court Judge Frank P. Geraci Jr.

As part of the plea, Fitzgerald admitted to ownership of the 420 Emporium, once located on Ellicott Street, where substances known as Amped, Pump It, Da Bomb and Mr. Happy were sold.

Shortly after the store opened in the Spring of 2012, local law enforcement officers were responding to a series of calls dealing with people engaging in bizarre behavior. 

By the summer, a number of local residents joined in pickets in front of the store and a rally against bath salts held at a local business.

Federal officials responded as part of a nationwide crackdown on bath salts July 25, 2012, with a raid of the Batavia location as well as Fitzgerald's other 420 Emporium locations.

Fitzgerald lived with Amber Snover, who had previously listed herself on Facebook as the owner of at least two of the 420 locations. Snover was also arrested and agents seized $771,109 in cash at their residence at 221 West Hills Estates, Greece.

The arrests of Fitzgerald, Snover, Joshua Denise (who was listed on state documents as the owner of the Batavia location) and Michelle Condidorio, an employee in Batavia, was the culmination of an investigation that involved undercover buys and an unnamed informant seemingly within Fitzgerald's inner circle.

The substances Fitzgerald sold were synthetic drugs, compounds devised by clandestine laboratories to mimic the highs produced by illicit drugs such as meth, cocaine and marijuana.  

Bath salts were blamed on a rash of unusual behavior across the country, including reports of naked men eating the faces of victims.

Prior to the raids, the federal government listed the known synthetics of the time as analogues to controlled substances, making sales and possession illegal.

While bath salts are known to cause issues locally, including emergency room visits and even possibly one death, bath salt incidents locally dropped off dramatically after the raid and closure of the 420 Emporium.

Three 420 Emporium employees have pled guilty to federal charges and are awaiting sentencing.

“This case demonstrates how by working together, the community and law enforcement can improve the quality of life for all,” said U.S. Attorney William Hochul. “In this case, a rash of emergency room visits due to overdoses of synthetic drugs was brought to our attention by concerned members of the community, including the media. Law enforcement immediately engaged, and within several months, was able to execute search warrants throughout Western New York and make arrests of those selling such illegal and highly dangerous substances. With this conviction, we are able to report that the entire investigation was a success.”

Fitzgerald will be sentenced at 3 p.m. on April 15 by Judge Geraci.

The Batavian provided the most comprehensive, and fastest-breaking news coverage of the bath salt issue in Western New York in 2012. For an archive of those stories, click here.

PHOTO: File photo of cash and drugs seized by federal agents in the raids on July 25, 2012, of the 420 Emporium stores and the owner's residence.

A 16-year-old resident of Sandpit Road, Alexander, is charged with criminal contempt, 2nd. The youth is accused of confronting a protected person while at Alexander Central School at 7:38 a.m., Tuesday.

Shelley A. Fox, 33, of West Main Street, Batavia, is charged with DWI, driving with a BAC .08 or greater and operating in violation of a conditional license. Fox was stopped at midnight Tuesday on East Main Street, Batavia, by Officer Darryle Streeter.

Terry Hills hosted its third annual bridal show yesterday. This is a video produced for Terry Hills about the show, in case you missed it.

CORRECTION: It was the 4th annual bridal show.

A garage fire with flames showing is reported at 28 2A Cone St. in the city. The location is between Jackson Street and Garfield Avenue. City firefighters are at the scene.

UPDATE 3:40 p.m.: This is a shed fire. Heavy smoke is pouring from its roof. The third platoon is called to stand by in city headquarters.

UPDATE 3:41 p.m.: Command says the fire is under control and they are overhauling the site.

UPDATE: Fire officials say the blaze was started by hot coals, discarded from the house fire, being deposited too close to the shed.

Randall Steven Spring, 29, of Spring Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, speed not reasonable and prudent and moving from lane unsafely. Spring was reportedly involved in an accident on Sandpit Road, Alexander, at 12:36 a.m. on Saturday, which was investigated by Deputy Jason Saile.

Heather Daffney Stone, 19, of Ellwood Drive, Rochester, is charged with burglary, 3rd, and petit larceny. Stone was arrested on a warrant by RPD and turned over to the Sheriff's Office. She is being held until her next court appearance. No further details released.

Daniel D. Stalica, 70, of Crittenden Road, Alden, is charged with petit larceny and conspiracy, 6th. Stalica was arrested on a warrant out of City Court after being located by State Police in Erie County when troopers made contact on an unrelated matter. He was turned over to BPD and jailed on $750 bail.

Alton G. Williams, 38, of East Avenue, Batavia, is charged with endangering the welfare of a child. Williams was allegedly involved in a physical domestic incident at about 4:15 p.m. Thursday in the presence of a 15-year-old child. Also arrested on the same charge, Tera M. Williams, 41, of East Avenue, Batavia.

Kayla D. Joiner, 22, of West Main Street, Le Roy, was arrested on a warrant for alleged failure to appear. Joiner was stopped by BPD for an alleged traffic violation, arrested, processed and released.

Crystal A. Mounts, 37, of Summit Street, Batavia, is charged with petit larceny. Mounts is accused of shoplifting at Dollar General.

Edward W. Simcoe, 58, of Buffalo, is charged with petit larceny. Simcoe was arrested by State Police at 381 Bloomingdale Road, Basom, and held on an unspecified bail. No further details released.

With state funding announced and a county-backed bond approved, Genesee Community College is just $3 million away from funding sufficient to build a new student success center and a wellness and event center.

The $25 million expansion project is backed by more than $10 million from the state and a commitment by the county to back more than $9 million in bonds.

The Genesee Community College Foundation will host a fundraising kickoff from 4:30 to 6:30 p.m. Wednesday at the campus.

In the video, College President Jim Sunser talks about the twin building projects.

Below is a video produced by GCC.

In some respects, Jim Johnson has come a long way. In another, he's moved no further than a block down the road.

Johnson opened his own auto repair shop on West Main Street Road, Batavia, in August 2000 with nothing more than a floor jack and a tool box.

This month, Johnson moved into a spacious new location with four bays.

The new location for Johnson Automotive Repair will be more appealing to customers, Johnson said. For one thing, it has a nice, real waiting room that is heated. 

That's a big step forward for Johnson's business.

"I knew as a customer, I don't want to send my wife into a shop where you really didn't have a waiting room, or they called it a waiting room, and you have to sit and freeze," Johnson said. "Now we have a nice waiting room."

In the old location, Johnson crammed three hoists into a space perhaps best suited for only two into a herringbone configuration. One couldn't even go up all of the way, so Johnson or his mechanics had to work on their knees if repairing a car from underneath it.

A customer who needed an oil change would be asked to make an appointment two or three days in advance.

Now Johnson has three hoists for repairs and a separate bay set up exclusively for oil changes and lubes, no appointment necessary.

The new shop is located at 4007 W. Main Street Road, Batavia.

In the craft business since 1998, Andre Gliwski Jr. thinks it's time to settle down.

Rather than setting up a booth at a different community festival each weekend, Gilwski has opened a craft store in Downtown Batavia, at 220 E. Main St. and is hosting an open house this Friday and Saturday.

Working out of a single location isn't just a better lifestyle for a young father (Gilwski and his wife have children ages 1 and 2), it's better for building relationships with customers.

"You have a better following when they know where you're at rather than trying to chase you down," Gilwski said.

Currently his shop, A.J.'s Crafts, stocks only items that he has made, or his mother or wife have made.

Among the kind of things Gilwski enjoys making are jewelry, clothes, blankets, bean bags, hair stretchies, catnip toys, tooth-fairy pillows and scarves.

He said he can make or have made pretty much any custom item a buyer might want.

His mother has been slowed by arthritis, but there's a table in the store filled with her handmade needlework items.

Gilwski's wife also makes jewelry and helps with some of the product finishes on Gilwski's work.

"I like crafts because they're all handmade and not made in other countries," Gilwski said. "It's something I enjoy doing and I enjoy the look on a customer's face when they buy something I've made. It's something different than what you'll see at Walmart or Kmart or some other Big Box store."

With a free throw in the second quarter against Greece-Arcadia, junior guard Tiara Filbert became -- school officials believe -- the first person wearing Lady Devils' blue to score 1,000 career points.

After Filbert hit her shot, play was stopped briefly as fans held up placards stamped "1000" and Filbert's teammates rushed to congratulate her. Her mother then came down from the stands (top photo) and Filbert ran over to her and they embraced.  

Head Coach Marty Hein then presented Filbert with a commemorative plaque. 

Filbert is a special player, Hein said.

"For me, as a coach, to be a part of something like this, with somebody who works so hard at her game, at her craft, is just outstanding," Hein said.

As near as school officials can figure out from available records, Filbert is the first girls player to reach the millennial mark.

Filbert, Hein said, has the heart of a champion.

"The only person who can beat Tiara Filbert is Tiara Filbert," Hein said.

Filbert finished the night with 13 points and 16 rebounds. Batavia won 48-27.

Filbert came into the game needing five points to reach 1,000. Here she scores points three and four.

To purchase prints, click here.

Batavia PD announced that Jacquelyn Deats, 63, was arrested today in connection with the death of infant Chandler Zuchs. The 6-month-old boy was found unresponsive when Mercy medics and Batavia city firefighters responded to a call for help at her address, 10 Olyn Ave., on Dec. 14. She is charged with endangering the welfare of a child.

Her son, Jeffery Deats, was arrested for manslaughter in the baby's death. Subsequently, it was revealed that he was not Chandler's biological father.

Jeffery Deats attempted suicide while in custody and later died at Erie County Medical Center.

Both Jacquelyn and Jeffery Deats were present in the Olyn Avenue home at the time Chandler was found unresponsive.

According to police, investigators learned with Jacquelyn did not contact emergency personnel for "a protracted amount of time after realizing there was something medically wrong with the infant."

The District Attorney's Office assisted with the case.

She is scheduled to appear in Batavia City Court at 1 p.m. on Tuesday, Jan. 27.

Smoke is reportedly coming from the walls of a mobile home at 9132 Alexander Road. Town of Batavia fire is responding.

UPDATE 6:48 p.m.: A responder on scene confirms "structure fire in the walls." The location is between Pike and Rose roads.

UPDATE 6:57 p.m.: A code enforcement officer is called to the scene.

UPDATE 7 p.m.: Oakfield is called to fill in at Town of Batavia's fire station.

UPDATE 7:05 p.m.: Traffic is backed up. They are going to alternate the traffic flow. The homeowner is safe and inside a vehicle.

UPDATE 7:07 p.m.: The fire is out and they are beginning overhaul.

From our news partner, WBTA:

Some of the 29 residents of the Havenwood Senior Apartments on Richmond Avenue are waking up in a motel this morning.

The residents had to be evacuated yesterday when a pipe burst and damaged part of the facility.

Batavia Fire Chief James Maxwell said the broken pipe was part of the facility's sprinkler system. Repairs to the pipe left the facility with a lack of fire protection which prompted the evacuation.

Maxwell said some displaced residents were taken in by family members while others were taken to a motel. All residents are expected to return to their apartments today.

Darrell Smith, 47, of Hutchins Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Smith was allegedly involved in an argument with his girlfriend and during the incident ripped the shower current and punched, pushed and grabbed her. Smith was jailed on $1,000 bail.

Kyle J. Snyder, 26, of Colony Run, Attica, was arrested on a warrant for alleged failure to appear on an appearance ticket. Snyder turned himself in at Batavia PD. The original charge was aggravated unlicensed operation, 3rd. Snyder posted $200 of his $500 fine, released and scheduled to appear again at a later date.

Robert E. Saari, 33, of Alleghany Road, Attica, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge, 2nd. Saari turned himself in. He posted $500 bail and was released.

Dustin Guy Nicometo, 27, of Jackson Street, Batavia, is charged with criminal possession of stolen property, 4th, and violation of probation. Nicometo was arrested on a warrant.

Steven James Snyder, 25, of West Avenue, Attica, is charged with petit larceny. Snyder is accused of shoplifting from Kmart.

Batavia police officers have been looking for Jacquetta Simmons since October after she was allegedly involved in an altercation at a church meeting, Chief Shawn Heubusch said today.

Simmons, convicted of punching a Walmart employee on Christmas Eve, 2011, is wanted on a charge of harassment in the second degree.

The charge means she is accused of physical contact with the victim.

Heubusch said he didn't know what that contact involved. The alleged victim is described as a 54-year-old woman.

The warrant was issued Oct. 20 and signed by Judge Robert Balbick, City Court.

Heubusch didn't know the name of the church, but said he believed the alleged altercation occurred during a business meeting. The address he provided is 301 North St., which is the YWCA.

Police do not currently have any information on where Simmons might be.

Simmons last appeared in court in September when her restitution order was modified and she was ordered to make payments of $100 per month on her $2,000 debt.

Originally sentenced to five years in prison for hitting a 70-year-old Walmart cashier, an appeals court vacated that sentenced and ordered she be resentenced to a year in jail.  

Noonan resentenced her a year ago and she was taken to jail at that time, but was expected to be out in eight months or less.

For The Batavian's previous comprehensive coverage of the Simmons case, click here.