batavia

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.

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.

Dr. Victor DeSa talked with seniors Friday about the federal government's new health care legislation. This followed his hour-long presentation, sponsored by the "Older Adult Ministries" program of Batavia's First United Methodist Church.

DeSa is a retired surgeon who had a private practice in Batavia for many years and currently serves on the United Memorial Medical Center Board of Directors. He is well renowned and respected in the community and very knowledgeable about how the health care field works -- including the role of legislation and the relationship between health care and the government.

There is a lot of misinformation about the new health care law and how it could affect  people -- especially Medicare and Medicaid recipients.

The doctor expressed disappointment in the mainstream media's handling of the topic.

"The people in the media are not doing their job," DeSa said. "The media used to look out for the common man, but now they have a bias and a preference. (Consequently), the news we get is filtered and we don't have all the information we need in order to make informed decisions."

For those who could not be there, here's the gist of DeSa's presentation (it will be divided into two parts for the reader's convenience) -- it reflects the arguments he made based on careful and meticulous research, and does not necessarily reflect the opinion of The Batavian.

Health care: rights and responsibilities

The question of whether health care is a right or a privilege came up early in the presentation. This language, said DeSa, is problematic. The real question is this:

"Is health care a right, or is it a personal responsibility?"

He pointed out that health care is considered a right in socialist countries, where people "have abrogated their rights to the government" so that the government "will take care of (them) from the cradle to the grave -- and that includes health care."

"The United States is not yet a socialist country," he said (and yes, he did emphasize yet), "so here, health care is a personal responsibility."

What he meant by this, is that each person has a certain amount of control over his/her own health (diet, exercise, etc). For instance, if someone chooses to live on bacon, cheeseburgers and cigarettes all the time, then he/she is indirectly "choosing" to have weight problems, heart problems, high blood pressure, etc.

"If I'm responsible for my own health, should everybody pay for it or should I?"

Misconceptions about U.S. health care

DeSa assured his listeners that we here in the U.S. do, in fact, have the best health care in the world. To prove it, he spent some time debunking two popular myths that lead people to believe the contrary: that our infant mortality rate is higher than in countries with socialized health care, and that lifespan is shorter in the United States than in said countries.

On infant mortality, he said: "We (in the U.S.) over-report infant deaths, while other countries under-report them. Here, we're so meticulous about reporting, that if a baby takes a couple breaths and has a couple heartbeats after birth, it's reported as infant mortality. But in developing countries, a baby dies an hour or two after being born and it's reported as a stillbirth."

He also pointed out that a large percentage of infant deaths take place in the inner-cities, where there are a lot of crack cocaine and AIDS babies.

"These babies die in spite of very good health care. Their deaths are due to social problems, not medical problems."

As far as lifespan goes, he said that longevity is about the same in this country as in those that have socialized health care; what doesn't get factored in with lifespan studies is the fact that the U.S. is the "murder and accident capital of the world."

"If you took the murders and deaths from accidents in Chicago, Detroit or New Orleans in one month, they are more than the deaths of our soldiers in Iraq or Afghanistan in one month."

In short, the evaluation of U.S. life and health often ignores social problems and unfairly puts all the blame on health care.

Universal care vs. universal insurance

...Wait a minute, aren't they the same thing? Not according to DeSa.

"We do have universal care in the U.S. The EMTALA Law ensures that no one who comes into the emergency room will be refused care -- even illegal immigrants. That's the right thing to do, the humane thing to do and the moral thing to do, and I support it."

He says there is a "subtle but important difference" between this and universal insurance, which we don't have. There are currently 47 million Americans uninsured.

The Congressional Budget Office predicts that as a result of the new health care legislation, 32 million people who were previously uninsured will be insured at the end of 10 years. However, there will still be 21 million people uninsured -- and this is in spite of the fact that the new law will require people to buy insurance!

Who are these 21 million uninsured, you ask? Young, healthy people making between $35,000 to $82,000 a year.

"When you're young, and you're starting a family, and you have mortgage payments, you have a whole host of other host of things you have to worry about. You're going to say, 'Well, I'm young, and I'm invincible...maybe I won't fall ill. I'll take the chance and hold off on buying health insurance.'"

This is going to have a couple of important consequences. First of all, DeSa said, "the IRS is going to need about 16,000 new agents to track them down."

Even if they do track them down, not much is likely to change.

"If I'm a young person," DeSa said, "and a federal agent tells me I have a choice between a fine -- which starts at $95 and over the course of seven years will go up to about $700 -- and purchasing health insurance for $12,000-$13,000, it's a no-brainer."

Secondly, these people will cycle in and out of insurance programs. Faced with a serious condition like cancer, a young person will go to an insurance company for coverage -- and they cannot be refused under the new law. But when they get better, they will forego the insurance.

"People will abuse the system. That's just human nature."

While uninsured, these individuals will be able to make partial payments for hospital visits about 27 percent of the time; the rest will be covered by the state's "uncompensated care pool," into which each hospital in the state pays.

But even this won't cover the whole cost. To whom does the remainder of the cost shift? The taxpayers.

"This varies from state to state depending on the percentage of uninsured they have, but the average each person pays is $300."

The second and final part of the article will be up soon.

Two men have been injured in a construction-related accident at the Travelodge hotel in Batavia. Initial reports say a high-lift machine fell over, injuring the men.

One is being taken by Mercy Flight to Strong Memorial Hospital in Rochester. The other is being transported to a hospital via Mercy EMS.

The address of the incident is 8204 Park Road.

UPDATE: Since this was an industrial accident, there was no law enforcement on scene. Only through a law enforcement report could we obtain more details, so there will likely be no further updates about this incident.

There are large sewer pipes on each side of Bank Street -- part of the Bank Street sewer-replacement project.

Batavia PD is looking for help in identifying the individual in these photos. The subject was reportedly involved in an unspecified incident at Wilson Farms, 505 E. Main St., Batavia.

Officer Marc Lawrence asks that if anybody has information about the individual or the incident to contact him at mlawrence (at) batavianewyork dot com  (put that back together in a proper e-mail address) or call 585-345-6350.

The criminal case of a Bergen woman accused of stealing $35,000 from a former Rochester resident has been dismissed, but Judge Robert C. Noonan's order dismissing the charges is being hidden in the defendant's now-sealed court file.

A court official said as a routine matter, case files are sealed when charges are dismissed.

Noonan's order would possibly include his findings in the matter and explain any deficiencies in the government's case and possibly include exculpatory information favoring the defendant.

Michele Case, 45, of 7100 N. Bergen Road, Bergen, was subjected to a criminal investigation by State Police after allegations arose that she improperly obtained funds the woman's accounts while caring for the ailing, elderly woman.

Darren M. Brooks, 24, of Hawkmeadow Drive, Irving, is charged with criminal contempt,1st, and harassment, 2nd. Brooks was allegedly involved in a fight with a woman while leaving a bar in the area of Sandhill Road, Alexander. Brooks is allegedly barred from having contact with that woman. He was jailed on $5,000 bail or $10,000 bond.

Elysia Marie Summers, 26, of South Main Street, Batavia, is charged with petit larceny. Summers is accused of attempting to shoplift from Kmart. She allegedly filled a large diaper bag with merchandise totaling $332.81.

Saul D. Standsblack, 32, of Parker Road, Alabama, is charged with criminal contempt, 2nd. Standsblack was allegedly involved in a fight at Jim & Bob's Automotive. There are no charges from that altercation; however, Standsblack allegedly had contact with a person he was barred from contacting during the incident.

Lisa Marie Franks, 38, of McDonald Street, Greensville, N.C., is charged with DWI and driving with a BAC of .08 or greater. Franks was allegedly observed leaving the Green Day concert at Darien Lake Theme Park driving in an erratic manner. Franks was followed by a citizen who phoned in a complaint about Franks' driving.

Buffalo Sabres legend Danny Gare has an important Genesee County tie -- his daughter and son-in-law live in Le Roy. And now he has a grandchild. His daughter just gave birth at UMMC, so he was in Batavia tonight and stopped in at South Beach for dinner with his son-in-law.

Above, South Beach owner Ken Mistler takes a mobile phone picture of Mary Kline with Gare. Below, Chef Arvin Ortiz -- a HUGE Sabres fan -- poses with Gare.

From inside the County Legislature's chambers.

The 86th season for the Batavia Concert Band is drawing to a close. Tonight, the group of experienced professionals and enthusiastic amatuers presented its second-to-last show of the summer at Centennial Park.

More than 200 people were on hand in the warm, beautiful evening to hear a mix of classic and popular tunes.

The Concert Band performs its finale of the season at 7 p.m. next Wednesday in Centennial Park.

An apparent attempt to steal DVDs from an adult product store on Ellicott Street led to a search of the Buell Street neighborhood this afternoon.

A Batavia Police officer believed the man ran into a wooded area near train tracks off of Edward Street and the search was called off. 

A short time later, the owner of Pandora's Boxxx, 4818 Ellicott St., Batavia, drove down Edward and spotted a man fitting the description of the suspect.

The store owner remained in his car, called 9-1-1 and followed the suspect down Edward and into the Elmwood/St. Joseph Cemetery.

Uniformed and plain clothes officers from the Sheriff's Office and the Batavia Police Department arrived on scene and at about that time the suspect decided to try to run.

He was apprehended quickly.

The man is identified as Micahel J. Piasta, 30, of East Main Street, Batavia.

He is charged with attempted petit larceny.

The store owner praised his employee for providing an exact description of the suspect to Deputy Chris Parker, who handled the investigation.

(initial report)

Batavia resident Frank VanApeldoorn was positioned on Ellicott Street this afternoon with his religious sign. VanApeldoorn said today wasn't the first time he's stood in front of the former Dellapenna building with his sign. He's also travelled around the region, and even around the country, with his sign. VanApeldoorn, a member of Calvary Baptist Church on Galloway Road, said he likes the Dellapenna's location because it's visible, but still out of people's way and, "It's where God put me."

A 21-year-old Holland Avenue resident has been arrested by Batavia Police and accused of rape.

Detectives say Michael Lanham had consensual (see clarification below) sex one time with a 15-year-old girl, and on another occasion forced himself on her.

Both incidents occurred in July, according to Det. Kevin Czora and Det. Todd Crossett.

Lanham is also accused of taking and possessing explicit pictures of the girl.

He is charged with rape, 1st, rape, 3rd, promoting sexual performance with a child and possessing sexual performance with a child.

Lanham is being held in Genesee County Jail without bail.

CLARIFICATION: The original press release said one of the sex acts was "without consent," and I changed that into "consensual," which legally means something different. The girl, being underage, can't have consensual sex. Det. Czora clarified it this way: "On one occasion, there was no 'force' used, and the charge was based on the ages of the defendant and the victim. On a second occasion, she was considered legally 'physically helpless' and her age was not a contributing factor."

A motor vehicle accident involving either a pedestrian or bicyclist is reported on Ellicott Street in front of the courthouse.

Batavia Fire Department and Mercy EMS have responded.

The person who wasn't in a vehicle is walking and complains of knee pain.

Batavia Police are looking for a subject in the area of Buell Street, west of Cedar Street.

The subject may have committed a petit larceny at Pandora's Boxxx on Ellicott Street.

A partial description, a white male with a tanned complexion wearing a plaid shirt and gray undershirt.

UPDATE (3:25 p.m.): The owner of Pandora's Boxxx reportedly spotted the suspect and followed him down Edward Street, where he ran into Elmwood/St. Joseph Cemetery. Police arrived and he tried to escape but appeared to run out of energy, or willpower, and was quickly apprehended.