batavia

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.

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.