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Law and Order: Man accused of pointing rifle at juveniles

By Howard B. Owens

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.

Ellicott Station is going up, city leaders ask for income levels to do likewise

By Joanne Beck
ellicott_station_savarino.jpg

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. 

After winter break, work to resume on South Lyon Street Bridge on March 17

By Press Release

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. 

Community Action and M&T Bank offering free financial wellness workshop

By Press Release

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

Proclamation: Greg Ireland honored for 23-year service

By Joanne Beck

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.

City Council votes of 6-2 establish tax cap override and $33.5M budget

By Joanne Beck

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 honored by Lions Club for 51 years of service to the community

By Press Release

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.

Photo:

By Howard B. Owens

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

Photo submitted by Jason Smith.

Photo: Residents at 400 Towers celebrate 90th (and 95th) birthdays

By Howard B. Owens

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.

City response to state housing proposal: 'land in the city is limited,' each project should be carefully planned

By Joanne Beck

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.”  

Genesee County had previously approved a resolution to send a letter to Hochul regarding the housing compact, and County Manager Matt Landers said the county believes there is “a balanced need for both single-family homes along with multi-family dwellings.”

“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.

Profile: Batavia's Barb Toal, first female master plumber in New York

By Anne Marie Starowitz

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.

Bicyclist falls, possible injury, near roundabout in Batavia

By Howard B. Owens

A bicyclist has reportedly fallen and may have suffered a head injury on South Main Street, near the roundabout, in Batavia.

City Fire and Mercy EMS dispatched.

UPDATE 1:15 a.m.: I drove over to the roundabout for an update, and the scene was cleared when I arrived.  

Batavia parishes hold confirmation classes

By Howard B. Owens

Resurrection and Ascension parishes hosted their annual confirmation retreat on Sunday morning at St. Mary's in Batavia.

The class was led by Jason Smith and Ron Chrzanowski.

Smith said that Father Ivan offered a blessing after the 9:15 mass, and then candidates engaged in several activities, including making a coat of arms, and church collages symbolizing elements of the faith. They also studied the Corporal Works of Mercy, and presented their Saints in an interview style.

Candidates will be confirmed on May 28 at St Joseph’s Cathedral in Buffalo by Bishop Fisher. 

Submitted photos and information.

Photos: Friday's Sunrise

By Howard B. Owens

South Main Road, over the Tonawanda, Batavia. Photo by Chris Suozzi.

Oakfield. By Kristin Smith.

Accident reported on Ellicott Street Road, Batavia

By Howard B. Owens

A truck has reportedly hit a pole on Ellicott Street Road at Shepard Road, Batavia.

Unknown injuries.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 11:52 a.m.: There's also a truck off the road with a fuel leak on Route 63 and Little Canada Road. Bethany Fire responding.  A minor injury reported at the Shepard Road incident. 

UPDATE 11:53 a.m.: Shepard Road, no injuries. The driver is in an emergency vehicle, warming.  Low-hanging wires, none detached.

UPDATE 12:03 p.m.: Trucks can't get through because of the low-hanging wires at Shepard Road.  A single lane is open for cars.

UPDATE 12:08 p.m.: Traffic control is needed at Little Canada Road. "We're on a bend in the road here. People are flying around the curve before they see us."

Plans are great, but without funding they may collect a little dust

By Joanne Beck

Resiliency is a great attribute for anyone or any place, however, there’s a difference between concept and reality.

New York State and Genesee County officials announced this week a plan to boost the county and its multiple municipalities, including the city’s Centennial Park, with a 454-page resiliency plan. The three-phase strategy for Centennial Park is estimated to cost more than $300,00 once fully completed, plus ongoing maintenance.

“Like with all planning documents, funding is key,” City Manager Rachael Tabelski said. “Otherwise, they sit on a shelf and collect dust.”

The Batavian asked Tabelski about details for the plan, which was unveiled by the state and nonprofit NY Green, and paid for with a $250,000 grant, this week at the base of Centennial Park.

City officials were present but not part of the news conference, though “we did provide information to the consultants about the flood plain and gave permission to Genesee County Planning for the Centennial Park proposed concept, with input from the parkside neighborhood,” Tabelski said.

The proposed concept is a lofty one, aiming to tear out 60 trees, mostly silver maples, and plant 400 new trees and shrubs of more compatible species for a warming environment. Depending on the species, it can take new trees from 15 to 30 years to fully mature.

State Deputy Secretary Kisha Santiago-Martinez said the plan presents a “comprehensive, holistic approach to addressing and preparing for the many challenges we confront in the face of more frequent and severe storm events.”

“By developing and implementing this plan, you are proactively helping to ensure that the county, its municipalities, residents and businesses are better prepared to confront and recover from natural disasters,” she said.

The plan for Centennial, situated in the heart of the city between Ellicott Avenue and State Street, also calls for regrooved pathways and raking autumn leaves up around trees instead of mulching them with a mower. The idea was to reinforce the historic patterns of the park through the use of vegetation, pathways and tree species more akin to this area able to withstand future warming, said David Beatty, an integrally involved Batavia resident who was on the committee to flesh out a park plan.

While Tabelski had no critiques of the plan itself, it comes down to the question, as with most everything: how is it going to be paid for?

Back up to about six years ago, when former City Manager Jason Molino led the formation of a City of Batavia Tree Master Plan in 2017. Consultant Urban Forest Analytics LLC performed the study after several meetings with Public Works, the Bureau of Maintenance, and parks staff. Extensive fieldwork was completed to identify and locate trees as part of the master plan, then-DPW Director Matt Worth said in a memo to Molino.

It was a project of years in the making that included training for proper tree care techniques, risk assessments, maintaining a database, detailed forecasts and strategies, Worth had said.

That plan is followed as funding allows each year for tree removal, planting and pruning throughout the city, including in parks, Tabelski said.

“Trees are an integral part of our city landscape, and fabric of our neighborhoods, not to mention the positive emotional and recreation enhancement trees offer,” she said. “Over the past several years, I have fielded more requests for increased tree planting than any other single request from citizens of the city.”

Highlights of the Tree Master Plan include:

  • The number of street trees could increase by 50 percent
  • 7 percent of street trees are ash and need to come down (250 trees)
  • 15 percent of park trees are in poor condition 
  • 8 percent of park trees are ash and need to come down (54 trees)
  • 38 percent of Batavia has canopy cover

Even though this week’s debuted plan may have seemed to be a given, it is not a mandate, Tabelski said.

“The Genesee County Resiliency Plan includes towns, villages and the city and is purely a road map that communities can choose to follow to make improvements and access grant funds if they so choose,” she said.

As for who will pay for that road map, “the plan that included Centennial Park could be used to apply to grant funds for tree removal and planting, along with the city’s Tree Management Plan.”

“It is a tool to help make informed decisions,” she said. “It is my understanding that the DEC does, periodically, have these types of grants available.  The other options are fundraising in the community, corporate sponsors, or through the city’s operating funds. 

“This is a planning tool that can help City Council and City Management make future decisions, just like the Tree Management Plan,” she said.  “We consult these plans during grant review and budgeting.”

This year’s pending 2023-24 budget for the City of Batavia includes annual tree removal (20 trees) for $26,000, stump removal for $5,500 and tree purchase and replanting (one for one) for $11,600.

 Projected costs of future maintenance, if the park plan is completed per the resiliency plan, have not yet been reviewed or evaluated, Tabelski said.

Go here for prior Resiliency Plan coverage.

File Photos of spring, top, and summer, at Centennial Park in Batavia, by Howard Owens.

Chamber of Commerce Award: Business of the Year, Max Pies Furniture

By Joanne Beck

Squirrels, a dead-end street across from an elementary school, and the four seasons.

Those have been some of the challenges being situated in a fairly remote — and animal-friendly — section of the city in Western New York for Phil and Steve Pies over the years, Steve says.

Yet despite that and the typical ups and downs of retail business, Max Pies Furniture has endured 118 years since its settling into that comfy spot at the end of Jackson Street in 1905. Founder Max Pies and family built not only a small business but also their home, and the place was handed down to now Steve, the fourth generation of the Pies family.

No wonder they have earned the Chamber of Commerce Business of the Year Award. And there’s no other place they would have continued the tradition that began for furniture and flooring sales.

“As far as this structure and this business from this location, it’s the same location. Obviously, they added on to the store since 1905. But the original location and their house were in the parking lot you pulled into,” Steve Pies said. “They went all over the board from Rochester to Buffalo, and I think even close to Syracuse at one point in the 80s. Rochester Linoleum bought out all of the flooring aspects. But the furniture, even though we do flooring here as well, the original furniture store Max Pies name started right here.”

And they both must have just naturally fallen right in line with the business, yes?

"Well, not really,” Phil said. “I went to college, then I was in the Air Force. And then my uncle was here at the time, and my dad.”

Phil was married with two children, Steve and Natalie, and living in Sacramento, Calif. at the time. After his Uncle Jake died, he ended up returning to Batavia and worked alongside his dad, Sam. Business must have been good for longevity: his grandfather worked until he died at 93, and the same for his father until he was 83. Phil has been the friendly face of Max Pies for the last 53 years.

It was a similar crooked path for Steve, who didn’t immediately return from college to join the family business. He went off to pursue a business degree at Plattsburgh State College, and something drew his attention to working on a cruise ship — he had visions of “Love Boat” — and went aboard to work as a Blackjack dealer and then worked around Nevada in casinos building a career as a card dealer.

He eventually returned and decided to help his dad, who turns 80 in May. They thought back to what has changed over the years, and certainly, costs have been a big one.

“Freight rates have changed, insurance, overhead,” Phil said. “And styles, we sold a lot of colonial, and now we sell a lot more modern styles.”

Steve added that retro comes and goes, but a shift that has added time, labor and unexpected expenses has been how furniture arrives now versus years ago.

“It used to be all assembled,” Steve said. “Now it’s called KD, for knockdown. It's, take them off the truck, unpack them out of the box, set them up with screws and a drill and dispose of the garbage. It's a lot more tedious.”

While costs have shot up on their end, the waste management business is booming. The Pies have a 40-yard roll-off Dumpster that costs $800, and sometimes it gets filled three times a month with styrofoam and boxes, Steve said. For the most part, they depend on sales reps for advice and guidance on what’s trending, what’s hot, and what to buy throughout the year, Steve said.

“My dad has a good relationship with a lot of our reps. The reps know what’s out there,” he said. “But we try to have a variety as well because, you know, you’ve got 20-year-old couples, and you’ve got 70-year-old people and you’ve got in between, and there's such a different dynamic.”

A walk through the downstairs showroom features a painter’s pallet of gray hues — from charcoal and slate to lighter silvers. Grays are definitely in right now, the father-son team agreed, and other hot items include power recliners, sleeper sofas and sectionals. They will cater to people’s tastes, but with a focus on this locale, Steve said.

For example, unlike more eclectic geographical areas such as New York City, this region has a mixed appetite that includes a lot of rural country.

“We have hunters, they want the classic. They want a camouflage recliner, they want a rocking chair, and a certain bedroom set that looks like a plank cabin look,” Steve said, adding that there was a camouflage recliner in stock that day just waiting for an avid hunter.

For the approximately $2.5 million of sales volume they accomplish, the staff is small, Steve said: seven people, including Jimmy, Peggy, Eddie, Reggie and Hunter, plus subcontractors. Hours have been reduced over the years, especially when COVID hit, from a crazy 9 to 9 schedule to 9 to 7 and then 9 to 5 work day, Steve said.

“The biggest challenge for a store like ours in a town like this in a state like this is we deliver furniture winter, spring, summer and fall. We've gone through roofs, we've gone through windows, we take off doors, we go up and down. We unload trucks in blizzards. And we have a building that has, you know, leaky roofs. We have squirrels … so I would say, having an old building and four seasons,” he said. “And I would also say that if you look at our location, you could arguably say this is the worst location on planet Earth for a retail furniture store, dead-end residential neighborhood across from an elementary school. That's my long-winded answer to the challenges.

“ (Turning to his dad) But you’ve been here 53 years. So yeah, there was a time where my dad said, the accountants used to say, ‘you made too much money this year, you got to do something with it.’ And there's been other times where we can't pay our bills,” Steve said. “So it's a very cyclical business in the notion of, you just gotta keep grinding and keep going. It is what it is. So there still are heydays, and there still are lows, and there still are in between.”

Given it is a “cyclical business” that definitely still experiences those good times of Batavia’s yesteryear, what’s the secret? Max Pies motto, Steve said, giving a nod to his dad.

“Where customers send their friends,” he said.

The nomination committee selected Max Pies, partly due to Steve’s “tremendous” contributions for bringing the business “into the 2000s” via online ordering and a website, excellent customer service and marketing the business in many unique ways.

Photo of Steve and Phil Pies at Max Pies Furniture store at 400 S. Jackson St., Batavia. Photo by Howard Owens.

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