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Looking for a Family in Need

By Philip Anselmo

We're looking for a family in need. In particular, a family in the Batavia area with young children whose parents will be unable to provide gifts this holiday season. Over the weekend, The Batavian received a request from a reader who is coming to the area with his family during the upcoming holidays. He wrote to us:

"Myself and my family are going to be vacationing in the Batavia area visiting family for the Christmas and New Year's Holiday. We would like to find a family with children who will not be able to provide gifts and/or food for the children."

If you know of a family who might fit the bill, please pass along the information so that we may get them in touch with this giving family from Phoenix. You can reach me via e-mail or by phone: (585) 802-3032. Call anytime. Leave a message if there's no answer.

Open Letter to “Friends of Barb Toal”

By Charlie Mallow

I appreciate everything you’re trying to do; it is a good thing to support people you care about.

I would also like to let you know that the decision to cut the hours of the plumbing inspector was made in April during our public budget discussions and cannot be undone in November. There is no provision or funds to reinstate that position.  The action was taken because it was determined that only 19 hours of work was needed for that position.  I can assure you that there is no support on council to reinstate any position that was eliminated or reduced to part time in our last budget.

Council is also very aware on a personal level of the type of person Barb Toal is and what her service has meant and will continue to mean to the city.

The last several budgets have given us in the city deep cuts and it has been very difficult for the remaining city staff to keep up on the levels of service that our city residents need. With the current economic environment our country is in there is very little chance that we in Batavia can turn back the clock to times when we can expend public funds for any other reason than to meet the needs of our citizens.   

On the Beat: Gang assault

By Philip Anselmo

Cory R. Markidis, 19, of Rochester, was charged with a felony count of first-degree gang assault Saturday, city police said. Markidis was picked up on a warrant that dates back to April, 2007, for an incident in which he allegedly beat someone on East Main Street in Batavia, breaking the victim's nose and causing vision damage. Markidis was sent to Genesee County Jail in lieu of $5,000 bail.


Christopher E. Krauss, 45, of no permanent address, was charged with second-degree obstruction of government administration Saturday, city police said. Krauss is accused of failing to abide by the rules of the Batavia Drug Court. He was sent to Genesee County Jail in lieu of $50,000 bail.


Joshua A. Harris, 19, of 24 Columbia Ave., Batavia, was charged with fourth-degree criminal mischief and endangering the welfare of a child Sunday, city police said. Harris allegedly punched a hole in a bedroom door and smashed a glass picture frame during a domestic dispute in the presence of three young children. He was sent to Genesee County Jail in lieu of $3,500.


Marilyn J. Drilling, 47, of 4136 Colonial Blvd., Batavia, was charged with driving while intoxicated Friday, Genesee County sheriff's deputies said. Drilling was stopped on Route 5 in the town of Batavia. She was also ticketed with speeding.


Derrick D. Pearce, 27, of 3440 Pearl Street Road, Apt. B, Batavia, was charged with driving while intoxicated and aggravated DWI Saturday, deputies said. Pearce was allegedly found by deputies asleep at the wheel, pulled off to the side of the road on East Main Street in Corfu, with the vehicle still running.


John Boyce, 20, of Oakfield, was charged with unlawful possession of marijuana Thursday, deputies said. Boyce was stopped in Alabama. He was also ticketed with operating a motor vehicle with obstructed vision and drinking alcohol in a motor vehicle on the highway.


Jon H. Bush Jr., 25, of Elba, was charged with second-degree criminal contempt Wednesday, deputies said. Bush Jr. was allegedly spotted by probation officers drinking alcohol at the Oakfield Hotel, thus violating his probation. He was sent to Genesee County Jail in lieu of $500 bail.


Thomas L. Gray, 25, of Le Roy was charged with driving while intoxicated Wednesday, deputies said. Gray allegedly struck a telephone pole with his vehicle on South Street Road in Le Roy, then fled the scene and later took off on foot. He was also ticketed with leaving the scene of a property damage accident and moving from the lane unsafely.


Renee M. Bermel, 20, of Attica, was charged with petit larceny and unauthorized use of a computer Tuesday, deputies said. Bermel allegedly used a computer at the Target store in Batavia sometime several months ago to create a false gift card which she then used to purchase merchandise.


Robert L. Drozdowski, 27, of 232 N. Spruce St., Apt. E, Batavia, was charged with three felony counts of third-degree criminal possession of a controlled substance and three felony counts of third-degree criminal sale of a controlled substance, deputies said.  Drozdowski allegedly sold a quantity of cocaine and Oxycodone to an agent of the Genesee County Local Drug Task Force. He was sent to Genesee County Jail without bail.


Nick A. Hawkins, 24, currently an inmate at the Genesee County Jail, was charged with a felony count of third-degree burglary Tuesday, deputies said. That charge is related to a robbery that took place back in 2001 at the Frost Ridge Campground in Le Roy, where change was forcibly removed from vending and video game machines. Christopher D. Nolan was initially charged with the crime of burglary in 2002, because a fingerprint found at the scene matched his own. He was 21 years old at the time. After Nolan pled guilty to the charge, he was sentenced to five years of probation and restitution. Since then, a DNA profile of blood found at the scene of the crime has been found to be a match with Hawkins.


State police conducted another DWI saturation patrol following the Buffalo Bills home game this past Sunday. Four arrests were made for driving while intoxicated, among other charges. Jason A. Zymowski, 34, of Darien, was chargedw ith a felony count of driving while intoxicated, as well as a felony count of aggravated unlicensed operation.

News roundup: Loose Ends sold

By Philip Anselmo

A Batavia business mainstay for more than a century, Loose Ends Vending & Food Service, has been sold, according to WBTA's Dan Fischer. A Massachusetts company will take over the vending service and incorporate it into "the nation's largest vending company," Next Generation, which operates out of Canton. Fischer reports that: "Many Batavia workers will be transferred to the new company's offices and warehouses in Buffalo and Rochester." No mention of how many workers will be affected, or if any stand to lose their jobs. Loose Ends was owned by brothers Thomas and John Houseknecht, along with their brother-in-law William Barton and nephew Michael Houseknecht. The family also owned the Pepsi-Cola Batavia Bottling Corp., which was sold nine months ago to the Pepsi Bottling Group.

Multiple accidents on the Thruway eastbound near Pembroke kept the highway closed down and backed up for nearly 20 miles yesterday evening. Slick wet roads are likely to blame for the crashes.

Batavia wins Attica tip-off tournament

By Brian Hillabush

 No team plays perfect basketball at the start of the season.

The Batavia girls definitely were not at their best Saturday night in the finals of the Attica Tip-off Tournament, but overcame some issues in the paint and defeated Dansville 59-49 to capture the championship.

The Blue Devils opened up a seven point lead in the first quarter as Brittany Mazurkiewicz had the hot hand. The senior guard scored 11 of her team-high 19 points in the opening frame, giving Batavia an 18-11 advantage.

But Dansville came back and trailed just 24-20 at the half because of a solid effort in the paint. Batavia struggled to hit layups and gave the Mustangs too many second-chance points in the period.

Margaret Infantino's 3-pointer in the closing moments brought her team to within four points going into the break.

After Infantino dropped in another trifecta early on in the second half, Dansville took a 25-24 lead on a Ryan Doerr bucket. Infantino hit another 3-pointer after Michelle Jordan scored for Batavia and Dansville had a 28-26 lead, the team's biggest of the game.

Infantino scored seven of her game-high 20 points in the third quarter and the Mustangs led 36-35 after three periods of play.

Kristen Klein scored three points near the end of the third quarter and took over early in the fourth. The 5-foot-9 junior was one of several Batavia players looking to be a strong option at forward, next to Jaycee Shirk, and she very well could be.

Klein had several fourth quarter rebounds and scored her other four points in the fourth, with the second basket putting Batavia up 45-36. In all, Batavia scored the first 10 points of the final period.

Dansville cut the deficit to four points with just over 3 minutes left, but Mazurkiewicz hit a free throw, Stacy Hein ht a pair and Shirk scored to make it 50-41 with less than two minutes to play.

Hein hit 8-of-8 foul shots in the last minute and finished with 13 points.

Mazurkiewicz won the tournament MVP as she finished with 19 points, five assists and four steals. Shirk made the all-tournament team with eight points and four blocks and Jordan pitched in six points.

Infantino made the all-tournament team with 20 points and was joined by Ashley Amidon, who scored eight points.

Dansville falls to 1-1 while Batavia and new coach Bill Wade improve to 2-0 and bring home the championship trophy.

Alexander's Rachel Pettys made the all-tournament team as her Trojans beat rival Attica 44-32 in the consolation game. She scored 11 points with 13 steals and seven boards. Anna Dominick poured in 15 points with Kate Kochmanski grabbing 13 boards to go with her five points.

Attica's Christina West had 10 points and made the all-tournament squad.

The Blue Devils fall to 0-2 while Alexander improves to 1-1.

 

Batavia Daily News Saturday: Looking back at the Depression

By Brian Hillabush

Managing editor Mark Graczyk has a great story in Saturday's edition of The Daily News.

Batavia is a city with a rich history and Graczyk takes a fascinating look at the Depression era and looks at how people that survived those times remember them. Some of the people interviewed by Graczyk remember things being a little more positive than the history books tell us.

"I don't ever recall it feeling like a hardship," 86-year old Francis Guppenberger says. "We may not have ever had a lot of money because the pay wasn't that high, but we didn't think we were poor ... I don't remember any hard times, even when my dad was out of work."

Others remember things being  very tight.

"When I got married, we knew that there was a certain amount we could spend for heat, food and rent," Virginia Temple says. "If there was something left you could do something special. Otherwise you didn't do it. Very seldom did you have extra."

Later in the story, Temple says that she thinks right now are pretty bad, stating "It's probably a little worse now, with people losing their money."

The story is a great look back at a time many people are talking about because of the current state of the economy. The only problem with the story would be the run-over. At the end of the story it says you can find the rest of the story on page A-8. I looked, it wasn't there. You should make sure to just turn the page and find the rest on A-2.

The piece continues on B-1 as 14 readers submit memories of the Great Depression in their own words.

If any members of The Batavian family has any memories of the Depression, or remembers any stories they may have heard from parents or grandparents, please post them in comments section. It is always fun to look back in history and we would love to hear your stories.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

A month later, McCormick still touching Hornell and Section 5

By Brian Hillabush

 It must have felt like hell for the Hornell community.

It has been exactly one month since the tragic death of Hornell football player Dillen McCormick, a loss that devastated a town, a football family and all of Section 5.  The passing was a total shock and under circumstances that are as tough as can possibly be for a family to deal with.

But Dillen's family has been able to survive the crushing loss of a son, and a brother, in do so in many ways because of the love and support shown by the football program and fans from all throughout Section 5.

News of Dillen's death quickly spread as a thread was started on Section 5 Talksback, just hours after the news broke in the town of Hornell. Athletes and fans from everywhere from Bath to Oakfield-Alabama to Geneva and all over one of New York State's largest sections delivered classy, touching and supportive messages. McCormick's passing made an impact on people that were related to him, were friends with him and had never met him.

If you had never met the young man, you very well have heard enough about him by now to feel like you did. One message sent to me personally by one of Dillen's good friends described him as a weight lifter, a class clown, a daredevil, athletic, funny and a kid that loved his family and his friends more than anything else.

Whatever the reasons for Dillen's tragic death, it could never take away from the person that he was and the amount of people he touched in his life can never be in doubt. The evidence is in the Talksback thread, and when you look at the 279 members that are members of a Facebook group set up in his honor.

Or just pay attention on I-390 when you drive past Hornell, where you will see a rock decorated for Dillen. 

The football team rallied around Dillen as well, with the Section 5 Class B semifinal game against Geneva played the weekend after his passing. Legendary coach Gene Mastin asked his players if they wanted to forfeit the game or play, and Dillen's friends took the field in honor of their fallen friend. The Red Raiders lost the game, 21-12, but the result was more than could be expected as football was probably the furthest thing from those kid's minds.

Those closest to Dillen, his family, have been through a lot but are doing okay as well. Darrin and Carol - Dillen's parents - are back to work, doing well and have presumably had the pain of a son's death eased by the kids that are showing support. In the message I mentioned earlier, Mr. and Mrs. McCormick are described as "the most kind, loving, welcoming people you could ever meet." In this hard time, they have opened their home to many of Dillen's friends, giving them as much support as they are receiving in return.

Anybody with a brother or sister could only imagine what Dillen's brother Pat has had to go through. He was pulled out of a football practice and informed of his brother's death. The two were very close.  But he is back to school and playing on the Hornell jayvee basketball team this winter. Pat has seen some great relationships develop with friends of his older brother, which has hopefully helped him through this difficult time.

It is always tough when a high school kid loses his life and it is easy to look at the negatives of a devastating loss. But in just a month, there are a lot of positives to come out of a big negative. Dillen may be gone, but he has united a town, a football community and all of Section 5.

Batavia Daily News Friday: Pontillo's reopening soon doesn't look good

By Brian Hillabush

 The big news of the day Friday is on A-3 as Sam Pontillo tells Daily News reporter Joanne Beck that the Main Street Batavia Pontillo's pizzeria is unlikely to reopen soon.

The Daily News originally reported that the restaurant was shut down for renovations before The Batavian reported that the reason was $112,000 in back taxes. Pontillo talked with Beck a couple of days later and revealed a messy situation with the family, causing the restaurant to close because of the tax situation.

Originally Pontillo said that the pizzeria would reopen in a couple of weeks, but now says it is not going to happen because he feels that when he obtains the business from the family estate that there will be a lot of work that will actually have to be done before he can open the doors.

"I'm wondering, 'should I tear the building down and build a new one?'," Pontillo told Beck on Wednesday. "I need to decide that before I put some big money into the (current) building. I want to take the proper course of action. I'm still up in the air, I'm trying to get the estate settled, I'm working the numbers. No one wants to put money into a property they don't own."

Pontillo also says he has had preliminary talks with an architect to redesign the restaurant and has no intentions on keeping Pontillo's closed. He did tell Beck that if a "a big-monied drug store came along and made a generous offer to buy, he would consider it."

The Le Roy branch of Pontillo's is still open and the Batavia site has a sign saying Pontillo's is open for delivery.

The Batavian called the number on the sign (343-3303) at about 1:15 p.m. Friday and spoke with a woman named Maddy, who says that orders can be placed and will be delivered from the Le Roy restaurant to Batavia on Thursday through Sunday nights after 4 p.m. She says the full menu is available.

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Daily News reporter Tom Rivers handled the yearly Black Friday story and spoke with some shoppers that got up early to bargain hunt at Wal-Mart and Target.

Even with the current state of the economy, the stores were packed this morning. Rivers writes "The line (at Target) stretched for at least 500 people, extending to Bed Bath & Beyond.

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An inmate at the Genesee County Jail has been charged for a seven-year-old burglary in Le Roy, thanks to a DNA link writes reporter Scott DeSmit.

Genesee County sheriff investigator Timothy Weis tells DeSmit that 24-year-old Nick A. Hawkins was charged Tuesday with third-degree burglary for a Dec. 28, 2001 robbery at Frost Ridge Campground in Le Roy.

DNA submitted by Hawkins because he was a convicted felon matched blood taken from the crime scene, according to Weis.

Hawkins is the second person charged in the crime as Christopher D. Nolan was arrensted and charged in July 2002. He received five years probation and had to pay restitution. 

As always, we encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

A TIME TO GIVE THANKS

By JIM NIGRO

    The yearnings began before my school years. My Aunt Faith & Uncle Jim first took me off the beaten path early in life. In the pre-war years Aunt Faith had been a school teacher. Having grown up on a farm in the deep-south, it was the naturalist in her who introduced me to Mother Nature. Both she and my Uncle Jim combined to give me a good case of the fishing bug. In the late fifties they moved down south, but before that, they took me along with them on a couple of Canadian fishing trips – exciting stuff for a youngster. 

     My father wasn’t the outdoor type, he bowled and golfed. After my aunt and uncle moved away my ticket to the wild places was temporarily voided. It wasn’t long before I discovered northern pike in the waters of Tonawanda Creek barely more than a stone’s throw from my Hutchins Street home. After reeling in my first pike, I noticed they were a smaller version of the muskellunge, fish I had seen my uncle do battle with on Canadian lakes.         

     On an October afternoon in the mid-fifties, I saw Sal “Savie” Capuano and Jim Holvey seated on the tailgate of the latter’s station wagon. At the time the car was parked below a maple that on the corner of Sumner and Hutchins Sts. The tree’s foliage was a blazing orange, and it only enhanced the scene below. Savie and Jim were sitting on the tailgate, displaying a bag limit of ringneck pheasants. Among the pheasants was a red fox, its coat sleek, its tail full and lush.

     It was in this same time frame when I faithfully tuned in to a television show called Sea Hunt with Lloyd Bridges portraying Navy frogman Mike Nelson. Despite his mask being partially filled with water at all times, I wanted to emulate this guy.

     Thanks to a few high school teammates, I discovered waterfowling and experienced some pheasant hunting before the ringneck numbers declined.

     My pike dreams, took me from north central Ontario, to Manitoba and the Northwest Territories. Along the way I discovered fishing for spectacular-colored lake trout in shallow water. Time spent in Alaska resulted in catching grayling in the Arctic Circle (not to be confused with the polar ice cap) and experiencing total daylight for a month.

     My skin-diving began on Cedar Street, behind the phone company. One day I grabbed a mask, fins and snorkel and I was off. Ensuing years led to dives off Martha’s Vineyard, LaJolla (where I finally coaxed my wife into giving it a try), the Florida Keys and Abaco, Bahamas.        

              The dreams of my earliest years have all come true. More importantly, God has blessed me with a wonderful wife who, since our LaJolla adventure, has been a dive companion on numerous trips, some with our children and grandchildren. Yesterday we celebrated our thirty seventh anniversary.

     Unlike my childhood dreams and aspirations, Claudia came along unexpectedly. God’s plan is perfect. That being said, there is much to give thanks for today.  Happy Thanksgiving!

 

 

Batavia City Charter Commission and the Examining Board of Plumbers

By John Roach

 There has been some deliberate misinformation about the City Charter Commission seeking to do away with the City Examining Board of Plumbers. This is not true.

 

New York State laws, rules and regulations are always changing and it’s hard to keep up with them. The Charter Commission asked the City Manager to check with the City Attorney and determine if Batavia was still required by law to have an Examining Board of Plumbers, as it has had for years. That’s our job. There has been no change in the State requirement that the City of Batavia still have the Examining Board of Plumbers, so there will be no change in the Charter.


As a point of information, this board consists of 5 members. Two (2) shall be Master Plumbers with no less than ten (10) years of plumbing experience. One (1) member shall be a journeyman also with at least ten (10) years experience. The other two members are city employees involved with plumbing, sewers and drainage.

 

John Roach

Charter Commission Chairman

Video: Wonderland of Trees

By Philip Anselmo

Every few weeks we stop by the Holland Land Office Museum and chat with Pat Weissend, the museum's director, about some artifact or other interesting something going on at the museum. This time, there was really only one thing to talk about: the Wonderland of Trees. From now until January 3, folks can head down to the museum—check out the Web site for hours—to tour the Wonderland and help raise funds for the museum.

Now, before we get to the video, we would like to ask your help. We've been finding a few problems with the videos uploaded to blip.tv—which is otherwise flawless, with great quality and a large viewing screen. Unfortunately, the videos seem to skip on some computers. Here, we've loaded our video with Pat into both YouTube (top) and blip.tv (bottom). Which looks and runs better for you?

 

Farmer's Share

By Jan Beglinger

 Thanksgiving is this Thursday and Americans will come together to give thanks and enjoy a safe and affordable meal with their families.  It's important to remember where our food comes from and the family farmers and ranchers who provide America with such a bountiful harvest.

Did you know that farmers and ranchers receive only 20 cents of every food dollar that consumers spend on food at home and away from home? According to the USDA, off farm costs including marketing, processing, wholesaling, distribution and retailing account for 80 cents of every food dollar spent in the United States.
 
Here's a look at the farmer's share for a traditional Thanksgiving meal: 

Food
Retail Price $
Farmer’s Share $
10 lb. Turkey
11.90
6.46
Boneless Ham
 4.29
0.51
Sweet Potatoes
 2.98
0.41
Mashed Potatoes
 2.64
0.40
Stuffing
 4.77
0.73
Bread
 2.99
0.12
Broccoli
 4.19
1.21
Carrots
 2.99
0.71
Apple Pie
 6.29
2.25
Milk
 3.75
1.77
 Source: http://nfu.org/
 
If you are interested in where you can find some locally grown products, Cornell Cooperative Extension has put together an Agri-Tourism Guide. The brochure was made possible with grant funding from the NYS Department of Ag & Markets. You can call the office at 585-343-3040 for one or check out our website http://genesee.cce.cornell.edu/home for the most up to date version.  Look under Agri-tourism Guide - Listings.

Hopefully this ends the "Mallgame"

By Timothy Paine

           Hopefully last night settles the issue of me being removed from the MOC. A thinly veiled attempt to remove me was made at last nights Council meeting. Frank Ferrando tried to come up with several different scenarios that could be used to kick someone off a committee. My favorite was being likened to a "community window decorator that hates windows". In the end after all of Frank, Bob and Bill's arguments for removal, intelligent reason prevailed. Thanks to Charlie, Cathy and Marianne it will remain that you can't throw someone off because they don't agree with you. Bob Bialkowski and Bill Cox tried to orchestrate a scheme that would have me removed. Bob asked Frank to implement this sorry attempt to try and hide him as the ring leader. Anyone present at the last Council meeting was a witness to Bob setting this in motion. Through out our campaign against each other a year ago and even until now I've never bad-mouthed Bob. At some point enough is enough. If no one has told you yet, you won Bob! I guess my biggest suprise is Bill. I worked along side Bill a lot last year and even helped him with his campaign. At the time I took him for an intelligent guy. I also thought Frank was above being used in such a way. We do live and learn.

         A couple of weeks ago Joanne Beck ran an article in The Daily News about this whole Mall thing. A week ago I met with Philip and discussed the same issue. We spoke for over an hour and he asked me to go ahead and submit my own article. I figured I'd wait till after last weeks MOC meeting and see how things went last night. I thought I would give you the e-mail I submitted to Joanne and let you all decide your own views. She asked me four questions, these were my answers:

         1.Q; Why did you start recording the meetings? I started recording meetings when I felt the minutes seemed inaccurate. I found things were being glossed over or omitted. When I would bring up these problems during the approval of the minutes it became apparent that these things were omitted for a reason. Dr. Chess would propose to remove the things before and after the missing statements instead of inserting what was really said. All I was asking for was the truth. When a City Council member would say something that isn't allowed due to ongoing negotiations I felt it should be included. Fortunately, they voted to close the meetings. Council members attending meetings should be less frequent now permitting a much less likely chance a verbal mistake can jeopardize Jason's ongoing negotiations.

         2.)Q; Did it involve a disability, and are you willing to elaborate at all?   As far as my disability, that's now a non-issue. They all voted against me recording meetings. Madeline is the only one who is allowed to record now. All I wanted was to have access to the recording. Dr. Chess asked Jason if they kept recordings of Council meetings and he said they did. The board agreed to keep recordings for 60 days and that I could review them at Madeline's office if I needed to. All I wanted was the
ability to check the minutes if I felt something was wrong, and they granted me that. Had they not let me have access to any type of recording, I would have pursued the disability case against them. Since I have access, all is fine. However, if I'm ever denied access or the recording is "lost" then I will have to get my lawyer involved as well as contact the media.

         3.)Q; Why do you think the Board wants you off the MOC?  The reason they want me off the board is unknown to me. My job is to be on the side of the taxpayer. That's a conflict of what they want. I don't know what past city-appointed members did, and I don't really care. I know what my position is:  it's to keep as much of the people of Batavia's money where they want or  don't want it to go. The people have made it clear to me, (very, very clear to me) that they don't want one more dime spent on the Mall. I've told them that's not going to happen. Whether it's an expensive roof, selling it for a dollar, or ten years worth of tax concessions, it's going to cost us something. The board has told me they want all three. I've told everybody that what ever the cost is, I feel the best thing is to make sure we sever all ties between the City and the Mall. Let's make sure this deal is the last deal. Everybody has agreed with me on that point. The public WILL NOT STAND  for the MOC getting all three requests. My job is to give the MOC as little as possible. Again, my job is to give the Mall as little as possible. I'm standing my ground. I guess we know why they want me gone.

         4.)Q; Do you feel you've been "antagonistic" in any way?  Am I being antagonistic? I'm sure they feel that way. I know they didn't like it when I wrote my opinion in the paper several months back. In the next meeting I was told I was now viewed as a "Hostile" and would be treated as such. I'm fine with that. They have their objective and I have mine. After that article in the paper, we as a board all agreed to keep everything at the meetings and not in the paper. I have kept my word on that. I think they feel I'm being antagonistic because I want the truth all the time, not just when it suits some of them. Whenever Dr. Chess has been less than honest, I point it out. When Bill Cox was caught in a contradiction it upset both of them. Bob Bialkowski must still think we're running against each other. To this day, he likes to try and mess with me when he can. I don't dislike anyone on the board. We're all there for a reason, but not for the same outcome. When opposing views are present there is no way it's all going to be lovey-dovey. I understand that, and that's why I sit there as the lone person on the side of the City taxpayers. I'm fine with that. Whether it's a meeting that's 6 against one, or ten against one, it's no problem for me. Apparently they feel the need to have a "yes man" there too. It's too bad for them that I'm not one. I wonder how Dr. Chess would do in my shoes? I think the answer is obvious, he doesn't like being on a team against one opponent. Wow, how would he handle being in my position?
 

Batavia High School focus of university study of "higher-performing" schools

By Philip Anselmo

Batavia High School is one of ten schools in the state studied by the University at Albany in a report entitled: What makes high schools work: How higher-performing high schools in New York adapt and thrive. In it, the high school is commended for its "state-of-the-art technology."

Facuty are encouraged to use thattechnology to enhance instruction and to take advantage of other professional development opportunties, as well. Collaborative goal setting and use of data to determine progress lead to further refinements in instruction. Teachers examine state standards to find the "power standards"—those concepts that are most important for success in life after school or are the foundation for the next grade level.

Batavia students "consistently outperform" other students in similar demographics, and the school is noted for its "proactive" approach to identifying "at-risk students" and working out programs that can help them succeed.

Download the complete report: What makes high schools work.

Batavia Daily News for Tuesday: Council hears from friends of plumbing inspector

By Philip Anselmo

Batavia City Council's latest public spectacle has its fair share of drama and opinion. On the stage for this act is the story of the plumbing inspector, Barb Toal, whose friends claim was wronged by the city by being demoted. In the past few weeks, the Daily News has featured three articles on this topic, plus a lengthy and impassioned letter to the editor.

But before we get into the details of last night's Council meeting, let's step back and look at the issue from a distance. Back in March, Joanne Beck wrote an article for the Daily detailing the city's decision to demote Barb Toal from full- to part-time in her position as the city's plumbing inspector. At the time, the Council was looking to cut as much as they could from the budget to lower the tax rate and start chipping away at the city's deficit.

At that time, Council was working out the plans for the police dispatch consolidation, trimming down a couple of city posts—including Toal's—and reducing funding in some other areas, as well. Beck wrote: "Those moves are to get the tax rate increase down from an initial 10 percent to about 8.5 percent for a difference of $12 a year less on a home assessed at $85,000."

Toal, then, was informed in March that she would be reduced to part-time—City Manager Jason Molino issued a statement to Council that said Toal was informed even earlier, in January. So why all the uproar now? Why was the Council boardroom "filled" with people protesting Toal's demotion last night, as Dan Fischer reported, and not in March? One of our readers put it succinctly in a comment left on our post yesterday: "Isn't this a dead issue." The decision was made nearly nine months ago.

Toal herself made some noise about the decision back then. She told the Council that the decision could affect public health. From that article in March:

"It's about the future of public health and welfare of the citizens of Batavia. I think it will have an adverse affect in the long run," Toal said. "It saddens my heart how safe and secure our world we live in is, and that the city has forgotten our public health ... that they think the position is only valid part of the time. There's much more to the plumbing inspector job than counting the number of permits issued each year."

Since then, we've heard nothing, until a few weeks ago, when Beck wrote another article in advance of the actual demotion. That was followed by a letter to the editor asking people to support Barb Toal. Then came Monday's article by Beck in advance of last night's meeting, and the article today wrapping up that meeting. That's a lot of coverage all at once. So why weren't more efforts made in the meantime if folks feel so strongly about this—and they certainly seem so: seven people spoke up about Toal's position at the meeting last night, according to Beck. I've never seen even three people speak up at a meeting on a single topic, if even two.

In Beck's article from today, she writes:

(Toal) passed a Civil Service test for the job description more than 19 years ago and has continuously kept her certification up to date, she said. She didn't need to take another test to prove she's qualified, she said. Candidates for the code enforcement job had to pass a Civil Service test. Toal did not make it to final rounds or interviews.

But if Toal has already passed a Civil Service test, as she says, why does she say that she doesn't need to take a test to prove her qualifications? Wouldn't her qualifications already have been proven? Furthermore, Toal has already gone through the certification for code enforcement, and she expressed interest in taking the full-time code enforcement position. Instead, that position was given to someone else, who has not yet gone through the certification. Why?

Don't expect any answers from the City Council. They have been "muzzled"—Fischer's word—by George Van Nest, the city attorney, who claims that if anyone from Council talks about the issue, it could open the city up to a lawsuit for violating the privacy of personnel.

Some people have raised the (very good) point that the bottom line here is: Do we need a full-time plumbing inspector? If no, then Toal has to deal with the demotion. It's in the best interest of the city.  But that point was made—or at least argued—in January, when the staff was first informed of cuts, according to Molino, and again in March, when the decision was finalized by Council! Now, this seems to have become a different issue: Barb Toal should have been given the position of full-time code enforcement officer. That seems to be what she's saying—judging from today's article, anyhow. Instead, that position went to someone else. Why? That seems to be the question underlying this whole brouhaha. If Toal had the qualifications, the credentials and the experience, why wasn't she kept on in that position? Couldn't the city just as easily have hired a part-time plumbing inspector who hadn't already put in so many years of service and given Toal the full-time slot?

Well, quite simply, Molino told Council that Toal was never on the Civil Service list for the position of code enforcer. So that's that then. Right? Right...?

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

On the Beat: Undercover drug bust

By Philip Anselmo

Robert J. Jackson, 32, of 41 Maple St., Batavia, was charged with three felony counts of criminal sale of a controlled substance and three felony counts of criminal possession of a controlled substance, Genesee County sheriff's deputies said. Jackson allegedly sold a quantity of cocaine to an undercover agent of the county's Local Drug Task Force Monday. He was sent to Genesee County Jail. No bail was listed.


Roberta Green, 45, of Rochester, was charged with second-degree harassment, disorderly conduct and resisting arrest Monday, deputies said. Green is accused of getting into a fight on a bus on Park Road in Batavia and striking another passenger. She allegedly then refused to comply with the bus driver who asked her to stop and had to be focribly taken into custody by deputies upon their arrival.


Kevin Williams, 43, of Buffalo, was charged with public lewdness Monday, deputies said. Williams allegedly exposed himself in front of deputies and urinated in the 48 Deli Express parking lot on Park Road in Batavia. Williams was sent to jail in lieu of $1,000 bail.

News roundup: County keeps tax rate

By Philip Anselmo

After several weeks of tweaking the proposed budget by County Manager Jay Gsell, the Genesee County Legislature has whittled the tax rate back down to $9.82 per $1,000 of assessed value, according to WBTA's Dan Fischer. That's the same rate as this year.

An official vote on the budget will be made on December 10. You can see the salary increases proposed for county officials at the WBTA Web site. A vote on those will be made with the vote on the budget.

On the Beat: Underage alcohol check

By Philip Anselmo

Batavia's city police force teamed up with the Genesee County sheriff's department Friday to keep an eye out for people of legal drinking age purchasing alcohol for those who are underage.

Undercover officers took up posts outside stores that sell alcohol to keep watch. As a result of the compliance operation, police have opened an investigation of endangering the welfare of a child regarding the purchase of alcohol by a 21-year-old male, who allegedly entered a car occupied by several people under 21, two of whom were already under the influence of alcohol. Police also investigated reports of an underage drinking party. No other information was available about either investigation in the release. We are enquiring if any charges were made.

"Both agencies will continue the compliance checks and variations of it in the future to help eradicate the dangers of underage consumption of alcohol," city police said.

Batavia Daily News for Monday: City residents support plumbing inspector

By Philip Anselmo

Several supporters of Batavia's city plumbing inspector, Barb Toal, plan to come out for the meeting of the City Council this evening, according to the Daily News. They will attend the meeting to decry the recent "downsizing" of Toal from full-time to part-time only two months before she would have made pension. Reporter Joanne Beck found a couple of folks who were especially worked up about what they insist is unfair treatment of Toal, who has put in nearly 20 years in employment with the city

Larry Conway told Beck: "I'm going to holler like hell. ... this is the way they pay her back? It tells me that council has taken the attitude that there's no sentiment in Batavia."

Carol Grasso said: "When the city manager came here to work, he took a raise. That's unbelievable. He didn't blink an eye to take a raise but he can do this? She's a 20-year veteran. I think Barb has paid her dues."

If you wish to attend tonight's meeting, be sure to show up to the board room on the second floor of City Hall (inside the City Centre) by 7:00pm. Public comments will be taken near the beginning of the meeting.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

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