batavia

A 68-year-old Batavia woman who was active in the community as a volunteer and advocate was killed Friday evening on Route 5 in the Town of Batavia after her westbound 2021 Hyundai suburban crossed the double-yellow line and struck two-oncoming vehicles.

Mary Ellen Wilber was pronounced dead at the scene by Coroner Karen Lang.

"She loved this community," Paula Savage told The Batavian on Saturday morning. "She was involved in so many organizations."

The accident, in the area of 3833 West Main Street Road,  is under investigation by the Sheriff's Office.

Wilber's vehicle struck a 2014 Ford F-350 and a 2015 Jeep Cherokee, which were both eastbound at about 6:36 p.m.  The driver of the F-350 was uninjured. The driver of the Jeep was transported to ECMC with lower body injuries.

Among the groups Wilber supported and participated in were the  Friends of The Batavia Peace Garden, the Business and Professional Women's Club. She was also an occasional public speaker at City Council meetings on issues that mattered to her.

Her brother, David J. Zanghi, was known as the "The Mayor of Southside."  He died in April 2020, the first local person to die as a result of contracting COVID-19.

Savage said whenever she needed anything, Wilber would rush to her side to help.  If a tour group showed up unexpectedly at the Peace Garden, Wilber arrived minutes later in costume to provide an orientation to the tourists.  

"She was one of the most giving, loving people I have ever met," Savage said. "It's a terrible loss for me."

Carol Grasso, who served alongside Wilber in community volunteer efforts, said she loved her family and her community.

"She was a great girl for the community," Grasso said. "She did everything. She was involved with everything. If anybody ever needed anything, she was there."

Savage said, "It's not only a loss for me. It's a loss for our community."

Top photo: File photo by Howard Owens from 2013 when the Peace Garden received an award from the Chamber of Commerce.  Mary Ellen Wilber is second from left, with Barb Toal, Carol Grasso, and Berneda Scoins.

It was showtime on Thursday at GO ART! for Brian Kemp and two other artists with new solo shows in one of Seymour Place's galleries.

While Kemp had won multiple local art competitions over the years, this is his first solo show.

Kemp describes his creative process as intuitive and almost childlike, and he takes found materials of wood and metal along with Duck cloth for painting to create unique and original pieces, all while listening to an assortment of tunes for inspiration.

"I love creating in this manner as it allows for unplanned expression," Kemp said. "It amazes me what comes out of my works as they develop."

Also opening on Thursday was a show by Bryan Wright. A Batavia resident, Wright is originally from Charleston.  As a child, he was drawn to the seaside and water, which remains an inspiration for his work in various mediums. 

The collection was inspired, he said, by countless hours spent digging and rummaging through the earth in search of unique rocks, shells, sand dollars, and even an occasional shark's tooth. 

"I truly enjoy working with my hands and find my training in graphic design and basic metal fabricating has proven to be practical when fixing things and effective when creating art with such rugged material," he said.

The two pieces below are by John Midla, who also has a new show at GO ART!

Photos by Jim Burns.

After multiple inquiries, The Batavian has learned that animal abuse charges against Cassandra Elmore have been resolved, and the dog she was accused of allowing to ingest narcotics has a new home.

Elmore had actually entered a guilty plea, as part of a plea agreement, to disorderly conduct on Feb. 2, a month before our last story on the case, but nobody associated with the case informed The Batavian of the plea when we inquired about the status of the case.

Oddey, Elmore's former French Bulldog, was adopted the same day as when the article ran, March 3, and The Batavian's inquiry to a member of Volunteers for Animals about the dog's status also went unanswered.

Elmore entered her plea and was granted a conditional discharge, meaning that if she avoids any further arrests and complies with court orders for the next year, her record on these charges will be sealed.

Elmore, 30, was arrested in July and had faced three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Batavia PD is currently trying to locate Elmore, who has warrants out for her arrest after she was released from custody after being picked up on prior warrants, in order to go to a treatment facility. She reportedly never showed up at the facility.

The warrants are for charges that arose after her arrest on the animal charge.  She is facing ongoing criminal complaints on charges of obstruction of governmental administration 2nd, aggravated unlicensed operation 3rd, criminal possession of a weapon 4th, criminal use of drug paraphernalia 2nd, as well as failure to comply with a court-ordered program.

Bill and Michelle Snyder, owners of Windy Brew in Strykersville, are one step closer to opening a tavern and bar at 56 Harvester Center in Batavia.

City Council gave the business owners a nod of approval for a liquor license during this week’s conference session. Batavia Police had no objections, according to the city clerk-treasurer.

That being said, their plans are still on hold due to the permit process, and they are waiting to hear back from the city, Michelle said Wednesday.

Plans are to include live music and a tasting room for brews, including Windy Brew, made in Strykersville.

Press release:

Calling all green thumbs and community builders! Emmanuel Baptist Church is seeking volunteers to help build and farm our brand-new community garden in the field behind the church at 190 Oak Street in Batavia.

Our garden will feature 20 spacious 4x3 plots, which, once constructed and fenced, will be transformed into thriving vegetable, fruit, and herb gardens. We may add larger plots if there is a desire for them. But we can't do it alone - we need your help to build garden beds, plant seeds, tend to plants, and harvest the fruits of your labor. (Each person who signs up for a plot gets to plant, maintain and harvest from their own plot!) If you help build the garden, you get to farm a plot for free for a season. Otherwise they will be 20 dollars a plot.

Being a gardener at our community garden is more than just a chance to get your hands dirty. It's an opportunity to connect with fellow garden enthusiasts, learn new skills, and contribute to a project that will benefit the entire community.

Whether you're a seasoned gardener or a complete beginner, you can grow veggies or flowers and grow yourself as well! Our team will provide all the necessary tools and seeds. There will be water barrels with watering cans available as well. So if you're looking for a place to get your garden growing while enjoying the great outdoors, come join us at Emmanuel Baptist Church's Community Garden. Together, we can create something truly special.

There will be an informational meeting held Wednesday, March 29th at Emmanuel Baptist Church at 6 p.m. for those interested in helping or renting a plot. For more information or to volunteer, please call 585 343 4905 or email ebcbatavia@gmail.com. 

Submitted by Coach Nick Burk:

The Batavia Indoor Track Team competed at the Nike Nationals meet this past weekend in New York City at the Armory Track and Field and had many outstanding performances!

The Blue Devils' throwers were well represented at the national meet, with five athletes competing. 

Parker Kleinbach earned a second-place finish in the Weight Throw with a distance of 57' - 6.25" while Sheldon Siverling placed 16th (51' - 3.75") and Mathew Mcwethy placed 25th (48' - 4").  Sheldon also competed in the Shot Put and earned a ninth place finish as well with a distance of 50' - 1.25". Sheldon has thrown the Shot Put over 50' multiple times in the last four weeks, which is very impressive considering he is only a sophomore.

The Blue Devils had two girls qualify in the Weight Throw as well, with Ava Wierda medaling with a 4th place finish and a distance of 41' - 10" and Drew Stevens placing 22nd with a throw of 35' - 11.5".  Both of these ladies had over two foot personal best throws in this meet and definitely were excited about their performances.  

Once again, the Blue Devils have demonstrated that we are one of the premier teams for throwers in the State and have continued an impressive streak of fifteen years with State and National caliber throwers.  Coach Geiger does an amazing job in developing these athletes and has built a training structure that is second to none in our area for throws competitors.

Our Boys sprinters had a phenomenal showing at the Nike Nationals meet as well, with both our 4x200 and 4x400 Relays qualifying to compete.  The 4x200 with Fabian Vazquez, Aidan Anderson, Parris Price, and Cole Grazioplene finished in 13th place with a time of 1:34.20.   This was the second fastest time in program history and a very competitive race for these athletes.   Our 4x400 Relay, which was our last race, finished in fifth place, earning a medal with a time of 3:29.40.  This performance is a new school record, the first time we've had a team run under 3:30 in program history, and the fastest time of any team in Section V this season.  Relay members included Fabian Vazquez, Parris Price, Ryan Dillon, and Cole Grazioplene.  Finally, Fabian Vazquez was able to compete in the 60m Hurdles and add to his very impressive hurdle resume with a time of 8.84 and a 29th-place finish.

Our Girls were able to compete in multiple relays as well, with the Sprint Medley Relay (200m - 200m - 400m - 800m) earning a nineth place finish with a time of 4:25.07.  Relay members included Kylee Brenna (200m), Ava Anderson (200m), Abby Moore (400m), and Campbell Riley (800m).  This was a very competitive performance by these young ladies, three of whom return next season.  Our girls 4x800 had an incredible race running the 2nd fastest time in program history and only missing the school record by 1 second.  Nicole Doeringer, Jadyn Boyce, Izzy Scott, and Campbell Riley finished in 9th place with a time of 9:59.05.  All four of these young ladies ran very tough and were a great example of our Blue Devil pride during this meet!  

Not to be outdone, the Boys 4x800 Relay was able to have a similar bittersweet outcome with a phenomenal race as well.  Relay members included Cody Harloff, Donavin Solis, Noah Pickard, and Nate Canale.  These athletes earned a 17th-place finish in the boy's race in a time of 8:21.62 which is also only one second off the school record (from 1986) in this event.   The Blue Devils distance program led by Coaches Rich Boyce and William Buckenmeyer continues to have impressive results season after season.  Our distance athletes, time and again, display toughness and competitiveness, particularly in these big meets!

Mallory Boyce, our youngest team member competing at Nationals, was able to qualify in multiple events and had a fine showing as well.   She competed in the middle school Mile and 400m.  In the 400m she ran a new personal best time of 1:06.9 and placed 33rd.  In the Mile run, she had a time of 5:30.33 and placed 44th.  As an 8th grader, this was an outstanding opportunity to compete in a big showcase meet and gain valuable experience for the future.

Our biggest performance came from the mixed 4x400 Relay consisting of Ryan Dillon, Nicole Doeringer, Jadyn Boyce, and Nate Canale.  They ran a terrific race and competed in the top-seeded race finishing in 5th place with a time of 3:54.96.  This time established a new school record for this event but also earned these four athletes High School All-American Status for Track and Field. We are so proud to have had the opportunity to run in this race, and these athletes rose to the occasion.

Altogether, Batavia had 22 athletes compete at the Nike Nationals this season in a three-day competition with thousands of athletes from across the country.  This was a tremendous finish to our indoor season, which included two Sectional Championships, multiple qualifiers for the State Championships, and culminating with an unbelievable experience at Nationals in New York.  Congrats to all of the Blue Devils that participated during this incredible season!

Submitted photos.

Douglas M. Ashworth, 48, of Vine Street, Batavia, is charged with menacing. Ashworth is accused of pointing a rifle at two youths on Oct. 9 on Vine Street in Batavia and placing the individuals in reasonable fear of injury or death. He was arrested on Feb. 28 and issued an appearance ticket.

John J. Saddler, 35, of South Main Street, Batavia, is charged with burglary 2nd, aggravated criminal contempt, grand larceny 4th, and petit larceny. Saddler is accused of entering the home of a person projected by a court order and stealing property, including an NYS benefits card and then using the card at a local business. He was arraigned in City Court and jailed until his next court appearance.

Sarah A. Malone, 40, of Graham Street, Batavia, is charged with theft of services and criminal impersonation 2nd. Malone is accused of dining at a restaurant in the City of Batavia on Feb. 21 and leaving without paying for her meal. Once located, Malone allegedly provided officers with a fake name and date of birth. She was issued an appearance ticket.

Ariel N. Pontillo, 32, of Washington Avenue, Batavia, is charged with DWAI drugs and failure to keep right. Pontillo was stopped by Officer Joseph Weglarski at Main and Court streets in the City of Batavia on Feb. 25.

Michael E. Wilson, 29, of East Main Street Road, Batavia, is charged with DWI and insufficient tail lamps. Wilson was stopped at 2:32 a.m. on Feb. 26 on East Main Street in Batavia by Officer Joseph Wglarski. Wilson was issued an appearance ticket.

Rebecca R. Fugate, 22, of Woodrow Road, Batavia, is charged with harassment 2nd. Fugate is accused of striking another resident of a residential care home in Batavia on Feb. 24. She was issued an appearance ticket.

Heather L. Armstrong, 46, of Ellicott Street, Batavia, is charged with harassment 2nd. Armstrong was arrested on Feb. 28 following a report of a disturbance at a business in Batavia. She was issued an appearance ticket.

Brittany L. Hollaert, 26, of St Paul Street, Rochester, is charged with failure to appear. Hollaert is accused of failing to appear in court as ordered on charges of grand larceny 3rd, petit larceny, and criminal trespass charges. She was released on her own recognizance and admitted into a drug treatment facility. Her case will be transferred to SAFE Court.

Grant J. Fremstad, 22, of Ekern Street, Westby, Wis., is charged with DWI, driving with a BAC of .18 or greater, improper lane usage, and open container. Fremstad was stopped at 2:23 a.m. on March 5 on East Main Street by Officer Joseph Weglarski. Fremstad was released on an appearance ticket.

Demerio J Watts, 38, of Eggert Road, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, and failure to signal. Watts was stopped at 1:18 a.m. on Ellicott Street in Batavia by Officer John Gombos. He was issued an appearance ticket.

Phillip D. Byford, 32, of Brockport Spencerport Road, Sweden, was arrested on City Court bench warrants. The first warrant for an alleged petit larceny on Jan. 24, 2020. He was issued an appearance ticket and allegedly failed to appear in court. The second warrant was for an alleged petit larceny also reported on Jan. 24, 2020. He is accused of failure to appear on an appearance ticket. The third warrant is for a charge of criminal trespass 2nd at a location on East Main Street, Batavia. He was issued an appearance ticket and allegedly failed to appear.  He was arraigned in City Court and ordered to appear at a later date.

Myia N. Sobus, 19, of South Pearl Street, Oakfield, and Timothy J Alis, 18, of Park Road, Batavia, are charged with petit larceny. Sobus and Alis are accused of filling a shopping cart at an undisclosed store (UPDATE: Through court records, The Batavian confirmed the location was Tops) in Batavia with $897 in merchandise and leaving the store without paying for the items. They were released on appearance tickets.

Shawn M. Sloan, 38) of Porter Avenue, Batavia, is charged with petit larceny and criminal trespass 2nd. Sloan is accused of entering an apartment on Bank Street, Batavia, on March 3, and stealing a kitchen utensil. Sloan was released on an appearance ticket.

Shannon B. Harder, 38, of Bowen Road, Attica, is charged with DWI, unsafe turn, speed in zone, and failure to keep right. Harder was stopped on Center Street, Batavia, on March 8, by Officer Sam Freeman. She was released on an appearance ticket.

Brian Eric Dagar, 37, of Oak Orchard Road, Elba, is charged with petit larceny. Dager is accused of shoplifting at Walmart in Batavia on Feb. 26. Dagar was arraigned in Town of Batavia Court and released.

Evan Francis Maynard, 22, of West Main Street, Batavia, is charged with petit larceny. Maynard is accused of shoplifting from Target in Batavia on March 2. He was processed at the Genesee County Jail and released.

Jeanna Marie Hattaway, 36, of Park Road, Batavia, is charged with two counts of criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Hattaway was allegedly found in possession of multiple controlled substances during a traffic stop conducted by Sgt. Kyle Krzemien at 3:38 a.m. on March 3 on Lewiston Road, Batavia. She was released on an appearance ticket.

LeeAnna Krull, 53, of West Main Street, Batavia, is charged with promoting prison contraband 1st and promoting prison contraband 2nd. Krull was allegedly found in possession of a controlled substance while inside the Genesee County Jail on March 1 at 4:07 p.m. She was arraigned in Centralized Arraignment Court and ordered held.

Beglervoic Denis Ikonic, 20, of East Ridge Road, Rochester, is charged with petit larceny. Ikonic is accused of shoplifting from DIck's Sporting Goods on March 5 at 4:30 p.m.  He was released.

Marie Tiffany Walter, 31, of Putnam Road, Bethany, is charged with petit larceny. Walter is accused of shoplifting from Walmart. She was released on an appearance ticket.

Zachary Austin Laird, 26, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, and criminal mischief. Laird is accused of damaging property at a location on Bethany Center Road at 8:15 p.m. on March 1. He allegedly left the scene and drove back while intoxicated. He was arrested by Deputy Nicholas Chmoun and Deputy Kenneth Quackenbush and was held in the Genesee County Jail pending arraignment.

Jeffrey M. Schneider, 44, of Alexander, is charged with DWI. Schneider was stopped by State Police at 7:50 p.m. on March 11 in the Town of Alexander. He was released to a third party.  No further information released.

All eight City Council members signed a letter Monday night requesting that state Homes and Community Renewal officials work with the city to bump up a portion of the current Area Median Income levels at Ellicott Station.

“The city of Batavia is requesting that HCR work with us to present a better mix of incomes on the property with apartments that rent for 80 percent and 120 percent AMI,” the letter states. “We feel that this will encapsulate the workforce housing that we were promised, better align with the city’s vision of the DRI strategy, and still provide affordable housing for residents.”

Earlier Monday, during council’s business meeting, City Manager Rachael Tabelski referred to a letter that she had provided for council members to review. Apparently, they reviewed and revised the letter after the meeting. The Batavian has asked for additional details about that process and will update this article once responses are received.

Since the first application went in for Ellicott Station, local folks were excited about the prospects of longtime vacant and toxic property along the south side street getting cleaned up, renovated and repurposed. But since its inception in 2016, as City Manager Rachael Tabelski has described it, the project became fairly fluid.

“Ellicott Station has been a moving target over the last several years as the developer made various and multiple overtures to funding entities with regards to making the project financially viable. In 2019, the City supported the project’s housing component as being mixed-income that would provide housing for residents that were employed in local manufacturing in an application submitted to New York State Homes and Community Renewal from the developer,” Tabelski had said. “Furthermore, in 2020, it was confirmed that people living at Ellicott Station must be employed and not receiving government assistance."

City leaders had expressed disappointment about the apartment project’s income levels after The Batavian’s exclusive coverage published on Feb. 18. Application materials made available at Ellicott Station’s website outlined the qualifications for one- and two-bedroom units, many of which had maximum annual salaries at or below minimum wage and seemingly requiring Section 8 assistance.

One example is that two people each earning minimum wage, $14.20 an hour, are not eligible for a two-bedroom apartment at Ellicott Station because they would be earning too much (the maximum household income for two people in a two-bedroom apartment is $34,600, and two people working full-time at $14.20 would gross $59,072).

Developer Sam Savarino has said, in a follow-up interview with The Batavian, that he expects the housing complex to be filled with gainfully employed people, though he had no thorough rationale for the low maximum income levels. He said that the numbers were set a couple of years ago and can be reset once everything is up and operational at Ellicott Station if current salaries have increased.

Here in Batavia, “we would like to be known for innovative housing that has a mix of incomes to preserve our most vulnerable neighborhoods, help citizens, and provide for housing for entry-level manufacturing, service workers, and students,” the city’s letter states. “The City of Batavia, New York State, Brownfield Opportunity Area, and the Downtown Revitalization Initiative (DRI) strategy both define the need for downtown housing, including infill construction, upper floor apartments, and a demand for higher income housing, including market-rate housing.”

“When Ellicott Station Project was proposed by Savarino Companies, it was originally a market-rate housing project, however, through several financing iterations, Savarino Companies worked with HCR to finance the project. The city discovered that at the time of application, Savarino Companies applied to HCR for a mixed-income housing model but was directed by local HCR representatives to only allow residents with 50 percent to 60 percent AMI,” the letter states. “While workforce housing is the goal for the Ellicott StationSavarino Development, that is not the type of tenants that this housing will attract.”

The letter further lays out the compounding issues of the capped 50 to 60 percent Area Median Income and  inflationary wage increases that will not allow working citizens to qualify to live at Ellicott Station, and “only vouchered Section 8 residents will now be able to access this property.”

“This is a fundamental change from the goals for the Ellicott Station project and does not match the BOA or DRI strategies for development of our downtown,” it states.

As a result of this fundamental change, city leaders said they are concerned that:

• Drastically increased wages for entry-level manufacturing and service jobs pay more than what would qualify for this housing complex;
• The project no longer aligns with the City’s DRI and BOA strategies, and it won’t fulfill the City’s need for market rate and workforce housing as determined from various studies;
• Low and very low-income housing — versus mixed-income housing — could set the project up for potential issues contrary to community objectives, including drug, gang, and criminal activity, per proven studies;
• Other DRI communities across the state have received HCR tax credits and rents were allowed to be 80 to 120 percent AMI in some cases — so why not here?

Photo of Ellicott Station in progress at 50 Ellicott St., Batavia, by Howard Owens. 

Press release:

Work for the South Lyon Street Bridge over the Tonawanda Creek project will resume Friday, March 17, 2023, as the work on the bridge had been paused due to seasonal weather conditions. A small portion of South Main Street in Batavia will be closed to traffic over the upcoming months. The area of closure and detour options for vehicular and pedestrian traffic are identified in the included graphic. Please adhere to pedestrian signage and stay outside of temporary safety barriers.

The bridge replacement project began last September and consists of two 11-foot lanes with 2-foot shoulders and a 5-foot sidewalk on the east side of the truss. The alignment of South Lyon Street will be modified to improve the intersection with South Main Street and approach work includes a seamless transition to the relocated intersection, existing roadway, and sidewalks. 

Press release:

Community Action of Orleans and Genesee is partnering with M&T Bankís Financial Education Center to offer a free financial wellness workshop. Visitors will have access to information on a variety of topics, such as budgeting, credit management, building wealth, retirement, and more.

The class will be held at 5073 Clinton St. Rd, Batavia, on Wednesday, March 22, 2023, at 11 am. Pre-registration is required. To sign up, contact David Dodge at (585) 343-7798 ext. 114 or email ddodge@caoginc.org.

Community Action of Orleans and Genesee is a 501(c)3 non-profit organization and has served low-income and disadvantaged families since 1965. Community Action programs are designed to empower as well as provide opportunities to those who are not yet self-sufficient

Click here for 9099 Creek Road, Batavia.
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Greg Ireland likes to tell people that one of his best days happened 23 years ago. That’s when he was hired by the City of Batavia as an emergency medical technician. Apparently, the feeling has been mutual all these years since Ireland has climbed the ranks, being promoted to firefighter in 2002, lieutenant in 2015 and captain in 2018.

He was given a warm send-off Monday evening during his last department move to retirement. City Councilman Rich Richmond read a proclamation that summarized Ireland’s two dozen years of service that included firefighting, educating other first responders throughout Genesee County, and being “a positive role model to all of the fire department throughout his 23-year career,” Richmond said.

“In the true spirit of appreciation, for many years, Captain Gregory Ireland has served as a City of Batavia employee, the City Council and the City of Batavia herby make this proclamation to sincerely thank him for 23 years of dedicated service in our community, and wish him well in his retirement,” Richmond said.

During an interview with The Batavian in June 2022, Ireland had given notice and already walked out the door.  That last day was emotional, he said, as being part of the city Fire Department had “definitely been part of my lifestyle.”

“Emotions came in waves. It was the right decision at this time,” he said at the time. “I’ll have the opportunity to be home with my family … that’s going to allow me more time with my family and my kids. That was the main driver behind it.”

After more than two decades as a city employee, Ireland has been a recognizable face throughout the community. He started out as an emergency medical technician when the city-owned and operated its own ambulance service. He credits Sept. 4, 1999, as “the best day of my life” for a career move out of the radio — and the airplanes and helicopters used for part of his traffic reporting job.

“I actually flew on an airplane for almost two years every morning. I did that for a bunch of stations up in Buffalo,” he said. “It was a great experience, but not what I wanted to do.”

An Alexander High School and Genesee Community College graduate, he worked in Buffalo for a while before making the move. He began as an EMT in 1999, with a background of having volunteered for the Alexander fire department, and a year or two before that, Ireland took a first aid class. The handwriting seemed to be on the wall before a teenaged Ireland took serious note of it. He moved through the ranks from basic to intermediate EMT and then to paramedic. By 2002, he was offered a job as a firefighter, which was a major goal.

In 1999, the opportunity for a job came up, and it “turned into a great career,” he said.

He couldn’t help but humbly accept the honor before the council and remind everyone how he feels.

“I always say Sept. 4, 1999, was one of the luckiest days of my life,” he said. “They’re always going to be part of my family.”

Photo of Greg Ireland accepting proclamation from City Councilman Rich Richmond during City Council's conference session Monday at City Hall, by Howard Owens.

In a seemingly predictable move, given City Council’s talks of late, the group voted Monday to adopt a law to override the tax cap limit and to approve the $33.5 million operational budget.

Both votes were six to two, with council members John Canale, Rich Richmond, Eugene Jankowski Jr., Paul Viele, Al McGinnis and Kathy Briggs giving a yes and Bob Bialkowski and Tammy Schmidt a no.

“Just as I’ve said in the past, I’m opposed to this, I think it can be avoided,” Bialkowski said. “The county is giving us $392,000 additional sales tax revenues. I’ve had contact from many taxpayers and voters, and they’re very upset with this. So that’s my position and opinion.”

Likewise, Schmidt isn’t in favor of the budget and override and has previously mentioned that she’s voting for her constituents.

“I’ve had many voters asking me to vote no, and I am going to do so,” she said Monday, questioning some budget logic. “So we don't want to use the county money because it's one-time money. But we did use the one-time, Alliance money for raises. So next year, I don't know how we're going to cover those raises. But we're using one-time money for raises but won't use one-time money for the tax cap override. So that's just my comment.”

Jankowski emphasized that the tax rate was lowered last year, and overall, he feels that the city has been doing a good fiscal job.

"We're not using $110,000 out of retirement reserves, which we were kind of forced to do the last two years, we've broken away from that. We're not using VLT money to supplement the budget because we got burned one time. And it was hard not to do during COVID. We were struggling with everyone else. But we were able to get off of that. So that's a huge step in the right direction,” Jankowski said. “We've lowered our debt service by 9%, which has put us in good financial condition to bond the new police station, the LED streetlight conversion, the ice rink chiller, the Zamboni and three upcoming major water and sewer infrastructure improvements,” he said. “So I think we're on the right track to provide the services that people expect in the public safety and things like that. Even though, at this point, we're still taking $454,000 out of the fund balance to kind of cover the budget this year.

“So I think we're doing pretty good, I'm really happy with it. All the people I talked to understand the situation we're in to give us their full support. And I have had one or two people that have concerns, and after talking to them, they understand where we're at,” he said. “So I just wanted to make that clear because, you know, there's some negativity here. I'm not happy about this tax cap, either. But I think under the circumstances, what we're achieving here, and how we're doing it, I think is the proper way to go.”

Viele agreed with Jankowski, and Briggs said that she’s had a few phone calls, but “once I explained it, they were fine,” she said.

The tax cap override means that the city will be able to collect a $6.6 million tax levy for the $19.4 million general budget. City taxpayers won’t see an increased tax rate, as that will remain flat at $8.94 per $1,000 assessed value.

Council was unanimous in its vote to approve the 30-cent water rate increase, which, along with an increased water meter rate and capital improvement fees, will tack on about $60 more for an average home of four people.

Roger Bohn, a 51-year member of the Batavia Lions Club, was honored Monday night at the civic club's weekly meeting held at the American Legion in Batavia with the Robert J Uplinger Award.  

The Robert J. Uplinger Distinguished Service Award was established in 1993. The award honors outstanding individuals (both Lions and non-Lions) or organizations who provide a significant service to their club, district or community.  

The Lions Clubs motto is "We serve," and Bohn has fulfilled that duty by being a past president, as well as holding a variety of other offices, and serving on countless committees to serve our community for 51 years, including many events to assist the NYS School for the Blind.  

Bohn is pictured with Diane Hawn, current Batavia Lions Club president.

Submitted information and photo.

A Red-bellied woodpecker stopped at a tree outside the district office of Batavia City Schools today.

Photo submitted by Jason Smith.

There was a birthday party at 400 Towers in Batavia on Sunday, with four of the residents celebrating their recent 90th birthdays and one, his 95th.

Pictured: Hazel Preedom, 90, Eleanor Day, 90, Julia Scalia, 90, Frank Aquino, 90, and Donald Hart, 95.

Photo by Howard Owens.

Just prior to a vote by City Council last month to approve Gov. Kathy Hochul’s Housing Compact, some council members asked to put on the brakes before giving the state carte blanche with such a mandate.

The original resolution gave the state control over local housing plans, which included requiring New York municipalities to increase their housing stock by 1 percent annually. A few paragraphs of the state’s resolution were redrafted, and council is expected to vote on the tweaked version during Monday’s business meeting. Those revisions now urge the state Legislature to reevaluate Hochul’s compact proposal and the potential impacts it would have on municipalities, especially in upstate communities, including Batavia.

The business meeting is set for 7 p.m. in the Council Board Room at City Hall.

Hochul has included the housing compact as part of her 2024 budget proposal, with a goal to build 800,000 housing units across New York State over the next decade. If approved, this measure would require cities, towns and villages in the state to achieve certain thresholds over three-year periods and require upstate municipalities to increase housing stock by 1 percent annually.

Batavia may be stripped of any local zoning, planning or land-use regulations powers if housing targets are not met and allow mixed-income multi-family projects to take advantage of a fast-track housing approval process, city leaders say.

“The objection I have heard from City Council, and that I also have, is that the governor’s Housing Compact Legislation has the potential for the state to take away, or usurp, local zoning control and undermine local governments’ home rule,” City Manager Rachael Tabelski said to The Batavian. “The Batavia Development Corporation (BDC) has a small business and housing group that meets semi-regularly.  A few weeks ago, the group reviewed the Genesee County Housing Needs Study, the (Downtown Revitalization Initiative) Plan, the BOA, the City Comp Plan and the CZB to glean the commonalities in the plans with respect to housing.  The notes are attached, but the commonalities are clear.  These are identified needs for the City and should be the focus as we move into the future.”

Some of the focus of these documents includes more market-rate housing downtown, single-family homes in neighborhoods, condos for workforce renters and owners, and market-rate apartments throughout the city. There isn't enough market-rate housing for seniors and millennials in Batavia. There's a shortage of rentals Downtown.

The report from CZB consultants in 2008 showed there was no demand for additional affordable housing, contrary to what the city now has coming with Ellicott Station. Instead, there was a need for 187 homes in the $50,000 a year income range, which is now estimated, due to inflation, to be closer to $75,000 or higher, Tabelski said.

During that Feb. 27 meeting, Councilman Bob Bialkowski asked to change a couple of the governor’s proposed paragraphs because “some of this could be taken out of context,” he said.

“And the other thing is, the city of Batavia will continue to make significant investments in housing development … how much of an investment are we going to make? Over what period of time? Do we even have land to build more housing?”

Council members Rich Richmond and President Eugene Jankowski Jr. agreed, which prompted the resolution going back for revisions before a final vote.

“New home building and construction should not take priority over the well-being of residents and a community, which is what could be at stake if the new State Housing Approval Board is given overriding authority to local regulations, is part of the resolution for Monday’s vote.”

To answer Bialkowski’s question about land for housing, several areas have been identified, Tabelski said. Those are located on:

• Burke Drive
• Creek Park
• Swan Street / Harvester Avenue
• Former Armory site
• North Street/ Naramore Neighborhood
• Days Inn / Super 8 site
• Former Batavia Iron and Metal site
• Bank Steet/Alva Avenue
• JC Penney site / City Centre
• Harvester Center
• Flood plain properties
• Various zombie, abandoned houses
• Upper-floor residential opportunities

The STAMP site on the county’s west side has a need for owner-occupied units for moderate to high-income occupants, she said -- 382 new owner-occupied and 735 new rentals, with high-end growth needs of 941 new owner-occupied and 2,035 new rental needs.

So the governor is not off base with a projection for housing needs. It’s just that city leaders would like to maintain more control over how and where it happens and that it meets the consultants’ recommendations, such as the unmet demand for market-rate versus low-income housing units.

“Past studies have shown that there are different types of housing needs in the City Of Batavia — from downtown apartments to single-family homes.  However, land within the city is limited, so I think it’s important that each project be carefully planned,” Jankowski said.  “My bigger concern is that the Governor’s Housing Compact legislation has the potential for the State to take away, or usurp, local zoning control and undermine local government's home rule.  This could prevent or restrict the city (city residents) from managing their own community and instead be subject to state officials who don’t live here.”  

“But (we) can’t stress enough that local municipalities and local zoning/planning boards should be working with developers and local economic development agencies to develop strategies to provide adequate housing,” he said on behalf of Legislature Chair Shelley Stein and himself. “Genesee County is opposed to losing home rule control by having the state be able to “fast track” projects that don’t conform to local zoning.  We understand the state’s overall intent with this compact, to help provide more housing opportunities for New Yorkers that are struggling to find suitable affordable housing.  But it appears New York City and other large urban centers of New York are largely driving the need for this compact.”

County and city officials agree that housing must remain with local municipal comprehensive plans. Landers said the county’s Smart Growth Plan is still relevant today and is updated to address potential housing growth to match infrastructure and lessen the impact to green agricultural lands. Whereas the state is not.

“The population migration trends in Genesee County don’t match the Governor’s proposal,” he said. 

There’s time for public comments at the beginning of the meeting, and council is also scheduled to vote on resolutions to adopt a law to override the tax cap limit, adopt the 2023-24 budget, and establish new water and meter rates and a capital improvement fee.

In the 60s, every girl in high school would have been encouraged by her guidance counselor to be a nurse, teacher, secretary, or homemaker.

Barbara, a girl born in 1948, did not like those choices in high school. She wanted to be a plumber like her dad.  Her father, Dwight, began his plumbing business at their home on South Main two years before Barb was born.

On her ninth birthday, she was given her first toolbox. Growing up, she loved nothing better than to watch her father work. In high school, she began working with her father and held onto her dream of following in his footsteps and becoming a plumber.

High school requirements presented problems for her. Girls were barred from taking shop. They were required to take home economics. For this future plumber, making a skirt was not high on Barb’s list of accomplishments. However, she was grateful that her mother was best friends with the home economics teacher. When Barb attached a piece of elastic to some material, her teacher gladly accepted her “skirt” and wished her well on becoming a plumber.

Her next assignment was to write a paper on a chosen topic.   She was an avid car racing fan and wrote about drag racing and driving. The book her report was based on was Dragging and Driving by Tom MacPherson.

Writing about something that interested her, she earned an A+ on her paper and the ticket to graduate and continue working with her dad as she had been doing during high school. 

After high school, rumor has it that Barb owned one of the faster cars around, and she could be seen in either her 1958 Chevy 348, one of the first big block motors, or in her 1969 SS Chevelle 396.

In August 1975, she became a licensed plumber. She is the first woman to be certified as a master plumber in New York State. To become a master plumber, Barb had to complete many stringent requirements. It takes ten years of experience to qualify for the master plumbers exam. An apprentice has to work under a master plumber for five years. Then, for the next five years, a journeyman plumber works full-time under the supervision of a master or licensed plumber. A plumber must understand and learn the nuts and bolts of the trade and be familiar with technical standards and all plumbing codes. Understanding the codes allows a plumber to keep buildings in the proper repair. Besides understanding all of the codes, a plumber must be able to draft diagrams to illustrate the work needed. 

The next step to becoming a master plumber is the exam. Barb and her brother Larry prepared for the plumbing exam by going back to school to learn the techniques needed to take the exam. As a result, she proudly owns the title of a master plumber, along with her brother Larry. 

Her mentor, teacher, and role model was her father, Dwight. Any training necessary to be a certified plumber had to be done under the supervision of a master plumber registered in the New York State Department of Labor. Barb and her brother trained under their father, a master plumber.

License numbers 16 and 24 have a special meaning to the Toal plumbers. Barb’s father, Dwight’s number was 16, and now Barb’s brother has their dad’s number. Barb’s license number is 24, a title she worked for and will proudly own for life.

In 1975, Dwight turned over complete management of his business to Barb.

Besides being a master plumber, Barb could run heavy machinery, lay pipes and work with a jackhammer. Some of her bigger jobs were the plumbing for Ebling Laundry on Ellicott Street and the installation of all bathrooms when the Holiday Inn added 58 new units to their existing inn. Then, on January 6, 1989, she became a plumbing inspector for Batavia, a job she would hold for 20 years. She also inspected the Town of Batavia, the Village of Oakfield, and the Town of Elba.

Barb retired in April 2010. She was also the Batavia Town Historian and created a video from 1802-1998 on our local history. She also wrote a book called Images of Batavia.

After her retirement, Barb was co-founder of the Friends of the Batavia Peace Garden, where she has been past president, project manager, and marketing.

She spends her winters in Charleston, SC, with her sister. Barb drives around Batavia in the summer months on her Honda Gold Wing motorcycle and serves hot dogs on Friday for the Peace Garden in the Holland Land Office Museum parking lot. Batavia is so fortunate and proud to have the first female master plumber in New York State from our city.

Photos courtesy Barb Toal.