New City of Batavia fire chief Jim Maxwell is a wily veteran of Rochester-area fire departments. All in all, Maxwell has logged over 80 combined years, volunteer and paid, with the North Greece, Lakeshore and Kodak fire departments.

In a phone interview today, Maxwell said experiences during his 23 years at Kodak -- 10 of them as a as a haz-mat resource technician -- were especially educational.

"I think nowadays, you need to be prepared for any type of situation," says Maxwell. "I think the experience I've had with my 20-plus years with Kodak...has prepared me for this type of situation. Really, any type of structural fire you go to is a minor haz-mat situation, with the products of combustion that burn nowadays."

The Kodak department, however, did not strictly deal with chemicals. Maxwell says the Kodak complex was like a small city of its own in its heyday -- with all the emergency nuances of a city as well.

"You were looking at a daytime population of 20,000, with over 250 major buildings," he says. "We were 120 members strong...we operated out of three fire stations, and ran about 3,600 calls a year."

During his career, Maxwell has also served as a senior firefighter/EMT, lieutenant, battalion chief, deputy chief and assistant chief. But he has only one year's experience as chief of a department: 2006, with North Greece. Maxwell doesn't expect that to hamper him in Batavia.

"I feel with that background -- and other supervisory positions I've had throughout my career -- I'm prepared for the challenge."

At last night's Batavia City Council meeting, the council voted to give Maxwell a one-year exemption on the residency requirement, which mandates that the city fire chief live within the Genesee County lines.

Maxwell says with a year to go, moving isn't yet his top priority. He plans to first sit down with Fire Captain and former Acting Chief Craig Williams next week to find out about normal station operations. Then he'll set up a formal meeting with the entire station, and research the strategic five-year and 10-year plans for the fire department.

All that while still commuting from Greece. Maxwell says once he's comfortable in the new role, then he'll think about moving.

"It's close to home, living in Monroe County," notes Maxwell. "So with family close by, it makes that commute a lot easier than traveling to different areas of the country."

Commuter or not, Maxwell brings a level of stability -- finally -- to a department that's seen five chiefs in less than five years.

"I'm excited about the opportunity," he says, "and looking forward to working with the dedicated individuals in the organization...and moving forward in the right direction."

Convicted murderer Scott Doll will take his contraband case to a jury trial.

Doll appeared in Batavia City Court today, having been transported from a downstate prison. He sported a new buzz cut and clean-shaven moustache, wearing a bright white button-up shirt and khaki pants. He was handcuffed at the waist and escorted by state prison guards.

Doll is charged with Promoting Prison Contraband after allegedly trying to sneak powdered aspirin into the Genesee County Jail, following his murder conviction on July 2. Officers checking him in say they found it in a green balloon taped to Doll's buttocks.

Doll's attorney, Dan Killelea, told Judge Robert Balbick today that motions in the case have been completed, and that he and Doll are ready to take the case to trial. Judge Robert Balbick granted Killelea a date for jury selection: Monday, Nov. 15 at 1 p.m.

Outside the courtroom, Killelea he believes Doll will be acquitted of the charge.

"He obviously has a right to a trial, and he looks forward to exercising that," says Killelea. "Depsite the fact that he feels, and I feel, that he was wrongly convicted this last time (on the murder charge)...he's still clinging to a hope that the system works.

"I think he'll be exonerated after a trial."

Doll's mother and son were in the courtroom today to see him. They were accompanied by their pastor, according to Killelea.

At one point, Doll's mother could be heard to say, "I don't trust anything that happens in this building."

One man is in critical condition today after the car he was riding in collided with a tow truck driven by a Batavia man.

On Monday, 24-year-old Jacob A. Staskiewicz of Batavia-Bethany Townline Road was apparently driving a tow truck on Maxon Road for A.J.'s Tow Service of Attica. Wyoming County Sheriff's deputies say Staskiewicz failed to stop for a sign at the intersection with Route 20A. He drove into the path of a 2008 Buick driven by 49-year-old Michael J. Lauber of Buffalo.

Lauber's backseat passenger, 62-year-old Richard A. Kosha, sustained serious head trauma in the ensuing collision. He was Mercy Flighted to Erie County Medical Center and is in critical condition today.

Lauber and his front-seat passenger, 59-year-old Garrick D. James, were taken by ambulance to ECMC for neck and arm pain.

Jacob Staskiewicz was not injured in the crash. He has been issued a traffic summons for alleged failure to stop at a stop sign.

The investigation into the crash is ongoing.

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Twenty-nine-year-old Justin Amend, accused of having sex on a public park bench in Farrall Park, pleaded guilty to a charge of Public Lewdness yesterday in Batavia City Court.

Under section 245.00 of New York Penal Law, in pleading guilty to the misdemeanor public lewdness, Amend legally admits only to:

"...intentionally exposing the private or intimate parts of his body in a lewd manner or committing any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed."

Thus, Amend does not specifically admit to having sex with Suzanne Corona on that picnic table in Farrall Park.

A plea deal is not part of Amend's guilty plea, according to city court clerks. City Court prosecutor Robert Zickl confirms that Amend did accept a plea deal, which ensures that he will not be sentenced to jail time.

Amend is scheduled for sentencing on Oct. 19. The charge is a class B misdemeanor, meaning Amend could face a maximum of six months in jail.

Alleged partner Corona is due in Batavia City Court on Aug. 18 (Date was changed to Aug. 11).

This afternoon, Billie and I board a California-bound plane.

We'll be on the West Coast for one week.

We'll be visiting San Diego, Bakersfield and Ventura.  In Bakersfield, we'll gather with the whole family to celebrate my parents 50th wedding anniversary.

While we're gone, the staff at WBTA -- particularly Geoff Redick -- will update the site with breaking news and other news items. Billie and I will post any news that comes in over e-mail -- particularly, of course, crime and arrest reports. And I'll try to have a daily poll and a couple of deals of the day.

I've done a sort of informal survey of people I've talked to over the past week about posting pictures from California while we travel and there was general enthusiasm for the idea, so I plan on doing that.

Unfortunately, Pachuco can't make the trip, but he is happy and cozy at Beds-N-Bones, his favorite pet lodge.

So, here's a song of California -- Tom Russell doing "California Snow," which he co-wrote with one of my favorite singer-songwriters, Dave Alvin.  It's topical -- dealing with immigration -- and it mentions El Cajon in the first verse (the whole geography of the song is a part of California I know well).

Several reforms in the policies and procedures of the city's plumbing board will be implemented following the Batavia City Council meeting Monday, where no council members raised any major objection to the plan.

After the meeting, City Manager Jason Molino said the next step is for he and his staff to meet with the plumbing board -- which currently consists of one master plumber and two city staff members -- and work out a plan for implementing the reforms.

The reforms include ensuring state laws regarding open meetings and public records be followed, that better records be kept and filed on applicants for plumbing licenses, and that a third-party company be found to fairly and unbiasedly administer plumbing exams.

The city must also continue looking for a new part-time inspector of plumbing -- a job candidate who can also share code enforcement duties.

If no such candidate can be found, then the city will need to have one of its current code enforcement officers be certified to perform plumbing inspections.

Councilman Bob Bialkowski said that's the one part of the plan that makes him the most uncomfortable. He would much rather have an experienced plumber performing inspection duties.

Three plumbers and the city's former plumbing inspector, Barb Toal, spoke during the public comments portion of the meeting, well before the city manager's report came up for council discussion.

The plumbers made general statements about the importance of plumbing regulation with regard to public health. Toal spoke more to the point of the report, questioning its accuracy on meeting notices and minutes and how exams were administered.

Toal's speech was delivered rapidly and was somewhat disjointed. She seemed to blame the lack of minutes and the fact no tests were administered for some period of time on the fact that the board has not been able to operate as a full, five-member board.

The city has traditionally found it difficult to meet state requirements to have a journeyman plumber on the board.

"There has not been a full plumbing board for a full year, so therefore there have been no meetings, no minutes and no business conducted,” Toal said.

Later in the meeting, council members discussed the fact that the board only needs three members present to conduct business.

Toal also criticized the report for claiming that meetings were not advertised with proper public notice in accordance with state law.

"Planning board meetings for last four years are on the third Wednesday of every month," Toal said. "What a surprise? How is the meeting not legal? How does management not know what’s going on?"

As for not administering tests, Toal said applicants were told that without a full board, the board couldn't write a test for them to take. She said they all understood the situation.

One of the speakers wasn't a plumber, but a customer of plumbers.

City resident Paul Passamonte discussed his own difficulty in finding a locally licensed plumber at a reasonable cost. It's the same topic Passamonte covered in a letter to the city last week.

Passamonte wrote that after hiring a contractor from Buffalo for a room addition, the same contractor offered a bid for the plumbing work. He said it would cost $3,200, but the contractor wasn't licensed in Batavia.

After obtaining the list of 31 licensed plumbers for Batavia, Passamonte said a surprising number didn't even live in Genesee County, and the ones who did usually didn't return his calls. Only four ever acknowledged his calls and only two showed up and gave bid estimates -- one for $5,200 and the other for more than $12,000.

When the plumbing report came up on the council agenda for council discussion, Councilwoman Rosemary Christian had her hand up first.

She wanted to know why, if the board had been meeting for more than a decade without proper meeting notices and minutes, why that problem wasn't caught earlier.

City Manager Jason Molino said that part of the issue is that the board wasn't being required to file their documents with the city clerk's office. The board was only dealing with the plumbing office, so there wasn't any additional oversight.

"I can’t give you an answer for why this has gone on for a period of time, but we’ve identified it and now we need to correct it," Molino said.

Councilman Bill Cox suggested that when a person files an application to take a plumbing test, the application should be logged in the city clerk's office and the applicant should receive a formal letter of acknowledgment in a timely manner. The rest of the council concurred.

That was the one additional reform added to the city manager's proposal.

Council President Marianne Clattenburg praised the report as thorough, well documented and factual.

"It's not emotional," she said.

"I think we also have to keep in mind what the plumbing board is all about and how it benefits the city when we have a fully functional, fair plumbing board and a competent plumbing inspector," Clattenburg added. "It is ultimately about serving the citizens of the community. It really isn’t about serving one interest."

After the meeting, Molino said the reforms should make a big difference in how plumbing business is conducted in the city.

"The recommendations, I don’t think are monumental, but in terms of significant change, they’re important," Molino said.

Photos: Christian, Molino and Bialkowski.

A solution may have been found for the white streaks on the red bricks of City Hall.

On Monday, City Council approved a $31,500 contract with Highland Masonry and Restoration Inc., of Buffalo, to replace 46 windows and sills with material that won't run and create new streaks.

Once the building's cleaned up and the new windows are in place, the building should be more attractive, officials say.

"It does bother the citizens of Batavia," said City Council President Marrianne Clattenburg. "I get comments on it all the time – when are you going to fix those windows?"

Director of Public Works Sally Kuzon said the city tried two different replacement or repair options on three different windows on the building. The replacement process showed the most success on two windows, so the city then sought bids for the work on the remaining 46 windows.

Councilman Sam Barone was the only council member to object to the work, saying he was concerned about the expense and that he could live with the situation.

The city did budget $27,000 for the project. The $4,500 shortfall will be taken from the city's facilities reserve.

Councilwoman Patti Pacino was among the council members who questioned why the city couldn't sue the contractor who installed the windows, or the architect who wrote the specs.

"I still don't understand how it's not some body's fault," Pacino said.

City Attorney George Van Nest explained that the building contractor was merely going off the plans and specs provided by the architect when the building was erected five years ago, so couldn't be held libel.

As for going after the architect, he said expert opinion, according to his research, varies on the proper construction process and materials for installing windows in a masonry building, making getting a win on a lawsuit much more difficult.

"Legal action could cost more than the project itself," said City Manager Jason Molino.

Both Molino and Van Nest explained that winter-time construction and the compounds used in installing the windows at that time of year may be the reason the streaks appeared. Van Nest said he's seen the same problem appear on buildings in Buffalo.

"In my opinion, this is a beautiful building and those stains under the windows really detract from it," said councilman Frank Ferrando. "I think we owe it to this community and the investment that we made here that we make it look good. This is our downtown. This is something we should all be very proud of."

Photos: Kuzon, Ferrando, Pacino.

While investigators continue to suspect that alcohol may have been a factor in the one-car crash in Oakfield early Saturday morning that claimed the lives of three young people, it appears speed may have been a factor, as well.

Chief Deputy Gordon Dibble said Monday that crash investigator Deputy John Duyssen believes the initial indications are that the speed of the vehicle was too great for the driver to negotiate the curve at the accident scene, resulting in the crash.

The car rotated clockwise when its tires hit the shoulder. The drivers side hit the utility pole by the side of the road and it rolled over on its roof. A passenger in the back seat was ejected from the vehicle, according to Dibble.

Matthew Ware, 22, Joshua Durham, 21 and Allyson Galens, 20, were killed in the crash.

The group had been at the Elba Onion Festival earlier in the evening, but Dibble said investigators have yet to determine what time they left.

It's not yet known where they might have gone -- if any place -- after leaving the festival.

There were empty beer bottles at the scene of the crash, but investigators do not know if they are in any way related to the crash.

"We are still looking into that and will know more when the medical examiner's office completes its investigation," Dibble said.

The Batavia Police would like your help in recovering a missing power wheelchair owned by a Washington Towers resident.

The wheelchair broke down this morning and the elderly resident left it nearby. The resident was able to get back home and he called a repair service.

Tonawanda Valley Federal Credit Union officials called police after customers reported it unattended in the parking lot.

When police responded, the chair could not be located. Police officers are concerned the chair was stolen.

Anyone with information about the chair is asked to call the Batavia PD at 585-345-3000.

Five Muckdogs will represent Batavia in the 2010 New York-Penn League All-Star game.

Catcher Audry Perez, outfielder Nicholas Longmire, infielder Joey Bergman and pitchers Justin Edwards and Chase Reid were named to the squad.

The game will be played Tuesday, Aug. 17, at Richmond County Ballpark in Staten Island.

Closer Jose Rada -- who is third in the league with 10 saves and has a 1.13 ERA to go with 33 strikeouts in 24 innings -- was passed over (General Manager Travis Sick said that Rada was selected prior to being promoted to Quad Cities).

Following from the Muckdogs' news release:

Perez was an undrafted free agent signing in 2006 and has started 30 games as catcher for the Muckdogs this season. He is currently batting .333 with 44 RBI’s, which is good for 7th best in the league. Perez has also been solid behind the plate this year and has helped guide the pitching staff to a team ERA of 3.77.

Bergman, a 33rd round pick in the 2010 draft, has been among the league leaders in hitting all season. Bergman currently ranks 10th in the league in hitting, with a .313 batting average, to go along with 8 doubles and 17 RBI’s. Bergman primarily plays infield for the Muckdogs but was selected as the designated hitter for this year’s All-Star team.

The Cardinals selected Longmire in the 5th round of the 2010 draft out of Pacific University. As the team’s everyday centerfielder, Longmire has enjoyed a stellar rookie season. He is currently batting .286 and his 39 RBI’s is second most in the league. He also ranks in the top 10 in both home runs (8) and slugging percentage (.503).

Justin Edwards is in his second year of professional baseball and was a 28th round pick in the 2009 draft. The left-hander is 3-2 with an ERA of 2.57, which puts him in the top 10 of starting pitchers this year. He has also recorded 42 strikeouts in his 49.0 innings of work.

St. Louis drafted Reid out of Vanderbilt University in the 41st round of the 2010 draft. Pitching primarily as a set up man, Reid is 2-0 with a 2.00 ERA. He has help opposing batters to a .125 average, and has recorded 30 strikeouts in just 18.0 innings of work.

Batavia holds the third place spot in the Pinckney Division with a record of 28-21.
This marks the second time in three years that the Muckdogs have sent five players to the All-Star game. The Muckdogs sent five players to the 2008 All-Star game and sent three in 2009.

A fire leader with 23 years experience in the Kodak Fire Department of the Eastman Kodak Company and 30 years experience -- both as a volunteer and as chief of the North Greece Fire Department -- has been selected to head the Batavia Fire Department.

James Maxwell will be become Fire Chief next Monday.

Monday night the Batavia City Council approved a resolution giving Maxwell 12 months to relocate to Batavia and City Manager Jason Molino said Maxwell is eager to move here.

Maxwell was not available for comment.

He replaces Interim Chief Craig Williams, whom Molino praised for his three months of dedicated service in the role.

It's been a long search for a new chief for the department, which has been run in the past couple of years by Thomas Dillon followed by Ralph Hyde before Williams. Hyde came out of retirement to handle the duties when Dillon was forced to step down because the state wouldn't let him draw a full-time salary and retirement benefits.

At Kodak, Maxwell served as a HazMat Resource Tech, Senior Firefighter/EMT, Lieutenant and Battalion Chief. He became chief of the North Greece department in 2006. North Greece is staffed by 33 career firefighters and 68 volunteers.

In looking for a new chief, Molino said the city wanted to hire somebody of character, integrity and enthusiasm.

"Obviously, we are looking for a good personality and right mentality not only for the department itself and management and (city) council, but who’s going to be a good fit for the community," Molino said. "Resumes are important, but it doesn’t always mean that somebody with the best resume is going to be the best fit in that department or the organization."

Maxwell's wife is Mary Jo and he has two sons, Brian, 26, and Craig, 24.

His starting salary will be $75,170.

A motorcycle accident is reported in or near the parking lot of Automotive Corporation on Federal Drive in the Town of Batavia.

There are minor injuries but the driver is conscious and alert. No other vehicle was involved. Town fire and Mercy EMS are responding.

Investigators are piecing together the final hours of Deborah Maniace.

The body of 47-year-old Batavia resident was found early Saturday morning next to the train tracks under the CRX overpass on Clinton Street Road, Stafford.

Maniace had attended the Elba Onion Festival Friday and been out with her boyfriend. At 2 a.m., Maniace called her son and said she was walking home.

Chief Deputy Jerome Brewster said that a just-released medical examiner's report says her wounds were consistent with a fall from a bridge. There is no other sign of trauma -- not from a fight and not from a car hitting her, and she was not sexually assaulted.

There are no skid marks or other markings on the roadway at the bridge that would suggest she had to move quickly to get out of the way of a swerving car.

Brewster noted that the wall along the bridge roadway is pretty high. It would be hard for a 5' 2" person to just fall over.

There is no indication that Maniace was suicidal.

"We would love to talk with anybody who might have seen her walking on Route 33," Brewster said. "We would like to talk to anybody who drove that section of Route 33 between 2 and 3 a.m. and didn't see her -- we would like to know that, too."

To contact the Sheriff's Office, call 585-345-3000.

Russell J. Hamilton, 20, Route 19, Brockport, is charged with reckless endangerment, 3rd, criminal mischief, 4th, and harassment, 2nd. Hamilton is accused of driving his car in a reckless manner, nearly striking two people sitting in lawn chairs. Hamilton then allegedly got out of his car and verbally threatened one of the victims. He is also accused of causing damage to the victim's driveway on Aug. 4. He was jailed on $1,500 bail.

Kevin F. Tierney, 51, of Creek Road, Pavilion, is charged with endangering the welfare of a child and sexual abuse, 3rd. Tierney is accused of forcing a woman into sexual contact.

Colleen Marie Kress, 45, of Crown Oak Drive, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 2nd, operating on a suspended registration, operating without insurance and speeding. Kress was stopped at 1:10 a.m., Monday, on Route 5 in Le Roy by Deputy John Weis for allegedly driving 70 mph in a 45 mph zone.

Daniel Thomas King, 30, of Johnson Road, Bernhards Bay, is charged with DWI, aggravated DWI, speeding and failure to keep right. King was stopped at 12:04 a.m., Monday, on Route 77, Pembroke, by Deputy Patrick Reeves. King was allegedly driving at 63 mph in a 45 mph zone.

Marc F. Faggin, 30, of Triphammer Road, Ithaca, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Faggin was stopped at 11:29 p.m., Sunday, on Route 77, Darien, by Deputy Chris Parker.

Janet Rae Langer, 32, of South Street Road, Le Roy, is charged with DWI and refusal to take a breath test. Langer is accused to driving to a location on West Bergen Road at 8:58 p.m., Sunday, in connection with a property dispute. Langer was allegedly intoxicated at the time.

The following arrest was announced by the Genesee County Sheriff's Office in connection with the Paramore concert at Darien Lake Theme Park on Sunday.

Gary M. Corbin, 21, of Downhill Drive, Erie, Pa. is charged with disorderly conduct. Corbin is accused of urinating on a female patron.

The following people received citations for alleged underage drinking:

Kelsey L. Peebles, 19, of Mill Street, Marathon
Taras R. Stashkiv, 19, of Michele Drive, Syracuse
David M. McDonald, 19, of Divers Crossing, Marathon
Riley P. Battaglini, 19 of Joss Farm Way, Cicero
Stephen W. Voorhis, 19, of Laguna Drive, Endicott
Brendan F. Morrisonm, 18, of Brinks Street, Marathon

For nearly 20 years, the Batavia Plumbing Board has conducted secret meetings, failed to keep proper minutes, not abided by its own regulations regarding plumbing examinations and administered tests seemingly designed to assure failure.

These are the accusations contained in a report issued by the City Manager's office on Thursday in advance of Monday's city council meeting.

"After researching the Plumbing Board and Plumbing Inspector actions over the past two decades, it has been discovered that there are numerous questionable actions with regard to the conduct of prior Plumbing Boards and the Plumbing Inspector," reads the report.

"Furthermore, when considering the severity of issues revolving around illegal meetings, refusal to review plumbing exam applications, lack of aptitude in creating the exams and answer keys, and blatant disregard for accurate record keeping, it would appear that the actions of the Plumbing Board and Plumbing Inspector have been collusive, self-serving, and not in the best interest of the residents of the City of Batavia.

"These actions further reveal a deliberate abuse of public trust and obvious pursuance of self interest for those involved."

The 18-page report contradicts most of the reporting of the Batavia Daily News on plumbing board issues. The Daily's stories have consistently protrayed city plumbers as protectors of public safety foiled in their public service efforts by an uncooperative City Hall.

In a July 22 article (City plumbers are united in protest), the Daily reports:

The board corrected the tests and all three applicants failed.

It is a difficult test, plumber Doug Diegelman said.

“It absolutely should be. It’s a definite public safety issue,” he said. “I want to try and get this resolved so that everyone is working on the same page. Each and every plumber had to have certain qualifications to pass that test.”

Of course, any test is difficult if the answer key doesn't match the questions. In each of the sets of questions given, the answer keys contained between 4 and 21 incorrect answers. In one case, the answer key contained "false" as the correct answer on a multiple choice question.

City Manager Jason Molino said in an interview with The Batavian on Friday that he isn't even sure the exams are up to date with current plumbing codes. And since the plumbing board has generally failed to keep proper meeting minutes, there is no record of the board adjusting the tests to keep pace with changes in code.

According to the plumbing board's own regulations, the board is required to offer examines three times a year, but until the three applicants were offered the exam in February, no potential plumber has been allowed to take the test since October 2006. 

The board received applications in November of 2004, 2006, 2008, March 2009 and June 2009. The plumbing board did not even respond to these applications until January, according to the report.

When the exam was given, as noted, all three applicants failed. One of the applicants has 32 years plumbing experience and is already licensed in six other jurisdictions.

Though issues with the plumbing board have existed for 20 or 30 years or longer, according to the report, much of the current controversy surrounding the board arises from a Jan. 20 meeting and the decision to deny a city employee, Jimmy Ficarella, an opportunity to take the test.

At a previous meeting -- with all five board members present -- Ficarella's application was approved unanimously.

At the Jan. 20 meeting, only three board members were present. Another board member and the chairman were not notified the meeting was taking place, according to Molino.

The next day, Chairman Ricky G. Hale resigned, writing in his resignation letter, "Such a job requires dedication to the trade, a commitment to the citizens of the community and an unprejudiced demeanor between the City and licensed plumbers thereof."

While neither Hale nor another board member knew about the meeting -- and there's no documentation for proper, legal meeting notice -- several local plumbers knew to attend the meeting.

They all signed a petition -- for what, Molino isn't entirely sure, because the writing was, to him, illegible -- that helps document their presence at the meeting.

According to the Daily's stories, the remaining plumbing board members justified their action by saying Ficarella had been practicing plumbing without a license, even though no such concern was raised when his application was approved in December.

In an interview by the Daily with City Attorney George Van Nest, Van Nest raises the same issue, and the Daily's story provides unqualified cover for the plumbing board.

In, Plumbing Board refusing to correct test taken by city DPW employee:

That's not exactly true, Ron Toal said. The board needed time to fully review Ficarella's supporting documentation. Once that was done, board members agreed his experience did not qualify him to go for master plumber.

Which begs the question -- unasked, apparently, by the Daily's reporter: Why didn't the board complete its review before approving Ficarella's application in December?

Board members have claimed that Ficarella was found to have practiced plumbing without a license and without the proper supervision of a master plumber, but Molino said no one has come forward with evidence to support the claim.

"The entire board approved the new application in December, so obviously there’s new information that came in (for the Jan. 20 meeting)," Molino said. "So, let’s see the new information? ‘Well, there is no new information.’ Well, let’s see the investigation? 'There is no investigation.’ There’s no information, no justification, no new information whatsoever (to disqualify Ficarella)."

Even if it were true that Ficarella was practicing plumbing without a license, there's nothing in New York's General Cities Law on plumbing that would prohibit him from qualifying to take the exam.

However, a plumber found guilty of a misdemeanor (like practicing plumbing without a license) would lose his license. There is no claim The Batavian has yet to uncover that Ficarella was ever been charged with a misdemeanor, let alone convicted, to potentially disqualify him from taking the exam.

For months, the board refused to grade Ficarella's test. When it did -- because Van Nest required it to protect the city from litigation -- Ficarella wasn't given a passing grade.

After two of the candidates filed Freedom of Information requests for their tests and the answer keys, they challenged the test's validity.

Matt Worth, superintendent of water and sewer, regraded the test, checking the answer keys against relevant state and city codes. Once the incorrect answers in the answer keys were corrected, the two applicants were found to have achieved passing scores.

In a July 29 story (Recorrected: 2 plumbers pass test), the Daily quotes Larry Toal saying he believes the city “manipulated the codes to fit the answers.”

Former Plumbing Inspector Barb Toal told the Daily that the city's Licensed Plumbers Association plans a legal challenge to the passing grades.

In the same story, the Daily's reporter writes of the meeting that the only master plumber on the board at the time, Al Rosemark, objected to the meeting taking place since there weren't two other plumbers to vote on the regrading process.

General municipal law for cities states that the board is to include two master plumbers, one journeyman plumber, a city engineer and a plumbing inspector.

Ron Toal doesn’t think that Water and Sewer Superintendent Worth should be on the board since he’s not a plumber or an engineer and there is already a city representative on it.

But that's not correct, according to the city's report.

Under Section 40-a of the GCL (General Cities Law) Article 4, the Plumbing Board is to consist of five members: two (2) master plumbers of whom shall be employed as master plumbers of not less than 10 years experience in the business of plumbing, one (1) journeyman plumber of like experience and two (2) city staff members.

As explained above, the GCL provides that "the other members of such board shall be the chief inspector of plumbing and drainage of such city, or officer performing the duties of such inspector, and the chief engineer having charge of sewers in such city, but in the event of there being no such officers in such city, then any two other officers having charge or supervision of the plumbing, drainage or sewerage" may be appointed to fill the Plumbing Board positions.

The Daily's stories have also repeatedly left the impression that the city must employ a person with the job title of "Plumbing Inspector," and that such a person must be a master plumber.

In a June 4 story (Code officer sent for plumbing work), the Daily reports:

Former inspector Barb Toal said that neither of the code officials, Ron Panek nor Doug Randall, has ever taken the city plumbing test to be a certified master plumber. Only certified master plumbers are to do plumbing jobs and inspections in the city.

That's simply not true, according to the city manager's report.

Article 4 of the GCL does not provide that cities shall employ a separate titled position of "Plumbing Inspector," but rather the person inspecting plumbing work shall have a Certificate of Competency issued from the Plumbing Board.

This has been misstated in recent media reports, giving the impression that a city must have a distinct Plumbing Inspector position.

However, the relevant section of the GCL also requires that the inspector be a "practical plumber," whatever that means; however, he or she cannot be engaged in the trade of plumbing while serving as a plumbing inspector.

The plumbing inspector must also be a qualified building-code officer, according to the report.

If no person can be found who meets the qualifications, the Attorney General has ruled that a city cannot be forced to follow the General Cities Law.

"In researching the situation, we learned that the cities of Corning, Geneva and Canandaigua do not have active Plumbing Boards, do not license plumbers and do not employ plumbing inspectors," the report reads. "All three cities employ code enforcement officials (or building inspectors) to issue plumbing permits and conduct plumbing inspections."

Molina's report concludes with nearly a dozen recommendations for restoring public trust and confidence in the plumbing board, including obeying New York's laws on public meetings (publishing agendas and keeping accurate minutes, for example).

It also recommends that objective criteria be established for determining whether a candidate is qualified to take the plumbers' exam, and if a candidate's application is rejected, that detailed records be kept on why the board did not find the candidate qualified.

As for the exam itself, the report recommends hiring a third-party firm to write, administer and grade the tests to ensure complete impartiality.

Recommendation number 11 deals with the plumbing inspector position itself.

The recommendation is twofold. Firstly, try to find a qualified candidate who would then be required to go through the necessary training, within a year of being hired, for the part-time position of code-enforcement officer.

This is required by law. The lack of sufficient plumbing inspection work means the inspector will be required to perform other duties.

Or, secondly, have the Batavia Plumbing Board allow either of the current code-enforcement officers (who are otherwise qualified under New York law to take the exam) to take the plumbing exam and achieve a Certificate of Competency."

The city council is expected to discuss the city manager's report and its recommendations when it meets at 7 p.m., Monday.

If you wish to read the entire report for yourself, The Batavian's news partner, WBTA, has posted the report here.