Skip to main content

news

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.

Attorneys grapple over interpretation of law and facts in Scott Doll motion hearing

By Howard B. Owens
mug_scott-f-doll_1.jpg

An attorney for Scott Doll, convicted of murder in 2010, thinks there are questions about the case that deserve answers, but the looming question is whether he convinced a judge in Genesee County on Friday that the law allows for those questions to be asked in a hearing.

"We have too many questions in this case, too many whys," said Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, near the end of a nearly 90-minute hearing before Judge Sanford Church. 

"Scott Doll was sentenced to 15 years to life. He has served 13 years in prison. There are questions about significant evidence, whether it was collected or not, and questions about DNA at the scene when the theory of the prosecution was that Scott Doll was the sole person who committed the crime.

"There is some evidence of another person present," he added. "There is an unknown footprint in the snow.

"We should be interested in the answers to these questions. We shouldn't have these questions floating around in a case as serious as this, what was or was not collected when it was testified that it was? Why was there DNA there that is not the victim's and not Mr. Doll's? We're not sure. There is absolutely enough evidence and enough questions as to what happened in this case to warrant a hearing."

Whether there is enough evidence, and new evidence at that, to warrant a hearing under Criminal Procedure Law Article 440 is one of the questions that Church must answer.  

Deal and Assistant District Attorney William Zickl provided him with passages from the statute that seem contradictory.

On one hand, Church shouldn't decide whether the evidence that might be presented at a hearing would lead him to overturn Doll's conviction. There is case law that says that the quality of the evidence shouldn't be the deciding factor. The language of 440 says he can order the hearing purely "in the interest of justice." 

On the other hand, Zickl argued, the defense failed to make the case that there is any basis to hold a hearing under the language of the statute.  The pleading is deficient in substance and substantiation and therefore fails to meet the standards to proceed with the motion, according to the language of CPL 440.

Doll, 60, formerly of Corfu, was convicted in a jury trial of murder in the beating death of former business partner Joseph Benaquist. During the trial and for the past 13 years, Doll has maintained he didn't kill Benaquist.  He wants a chance to prove to a new jury that there is evidence that somebody else was at the scene of the murder before he arrived and found Benaquist already dead.

Church, who is a judge in Orleans County, is hearing the case because County Court Judge Melissa Lightcap Cianfrini recused herself over a conflict of interest.  She formerly worked in the District Attorney's Office at the time of Doll's trial and subsequent motions.

The new facts Deal is asking Church to consider as new evidence is an apparent admission by Scott LaPoint, a deputy medical examiner in Monroe County, that it was policy and normal procedure to collect fingernail scrapings from a victim in a murder case. That didn't happen in the Doll case.  

Also, Deal says, new DNA tests of one of Doll's family members and two of Benaquist's do not match third-party DNA found on one of the victim's boots.

Deal is trying to thread a needle, and Church asked some seemingly skeptical questions.

A motion to vacate Doll's conviction must be based on new evidence.

In 2016, a motion to vacate was made on the discovery that, contrary to LaPoint's testimony at trial, no fingernail scrapings were taken from Benaquist. Based on defense motions during the appeal process, new testing of the blood-spattered clothing from the crime scene was ordered by Judge Robert Noonan.  That led to the discover of DNA that apparently matches neither Doll nor Benaquist.

So, the jury did not know that there were no fingernail scrapings taken from Benaquist and the jury did not know that about the possibility of third-party DNA at the scene of the crime.

That motion to vacate based on these then-new discoveries was rejected by then interim County Court Judge Michael F. Pietruszka on the ground that if the new evidence had been available to the jury, it wouldn't have led to an acquittal for Doll.

Doll lost subsequent appeals of Pietruszka's decision.

Since those two facts have been adjudicated, they can no longer be considered "new evidence."

That leaves Deal arguing that what Pietruszka didn't know at the time of his decision was that, by policy and procedure in the Monroe County Medical Examiner's Office, LaPoint should have collected fingernail scrapings. The fact that LaPoint didn't, despite the policy and usual practice, raises a question as to why, and that question deserves an answer that can only be obtained in a hearing, Deal reasoned.

Church wanted to know if Deal was implying something underhanded went on in the case, and Deal walked carefully around that question.

"What we need is a hearing to fully explore what happened with that evidence," Deal said. "Why wasn't it collected? What if anything is going on, or is it something else? We don't know, and we should know. This is a man's life."

Church accused Deal of a fishing expedition, and Deal said that isn't the case. 

"If we have a hearing, Mr. LaPoint comes in and testifies under oath, bringing his notes, bring whatever else might be related, to help his recollection," Deal said.

The DNA comparison from relatives of the defendant and victim is significant, Deal said, because it means some person unknown to the defendant was at the scene of the murder, substantiating Doll's claim that he wasn't there at the time of the murder.

According to Zickl, none of this represents new evidence; to the degree that it does or might, it is of minimal importance, he said.

First, Zickl argued that Deal's motion is insufficient on technical grounds. The information from LaPoint about policies and procedures isn't in the form of an affidavit, and the same is true of the new DNA results.

"It is required that the defendant support his motion and substantiate all essential facts of his claim," Zickl said. "That substantiation has not occurred based on these papers."

Beyond that, even if Doll were granted a new trial and LaPoint testified that yes, fingernail scrapings should have been taken, and no, they weren't, and he didn't know why, that wouldn't persuade a jury to reach a different verdict faced with the overwhelming physical evidence of Doll's guilt.

The jury heard testimony in 2010 that the fingernail scrapings were not tested for DNA. The only thing that's changed is that LaPoint was mistaken, Zickl said, in testifying that fingernail scrapings were taken when they were not.

The defense had the opportunity before the trial to request a test on the scrapings. The defense did not make such a request.

Benaquist was murdered, beaten to death, on Feb. 16, 2009, in the driveway of his home in Pembroke. Before his body was found, a deputy came across Doll walking on South Lake Road in a jumpsuit covered in blood.  At trial, a blood spatter expert testified that the patterns of blood on Doll's clothing and face were consistent with an assault on another person.

Deal has noted that Benaquist had defensive wounds on his hands, but Doll was found to have sustained no injuries the night of the murder.

As for the third-party DNA, Zickl said the Medical Examiner's report does not conclude that the DNA comes from blood and that it is mixed in with Benaquist's blood.  It's not as clear cut as Deal asserts that there was third-party blood on Benquist's boot.

Deal wants a hearing, also, so the DNA sample can be submitted to a national crime database to see if it matches anybody in that database.  That would answer the question, perhaps, of who else was at the murder scene, Deal said. Zickl said the fragment of DNA isn't of sufficient quality for that kind of test. Deal said it was sufficient enough to know it didn't match the family members tested.

Zickl said, based on Noonan's order during the previous appeal, that the defense requested dozens of new areas on clothing be tested.

"Out of the dozens of areas, this one area produced this fragment of DNA that could not be attributed to the defendant or the victim, though Joseph Benaquist is a major contributor of the sample that includes this biological substance. We don't know how, why, or even what this biological substance comprised."

Deal said in his papers and mentioned it again during Friday's hearing that a blood splatter expert has stated the DNA sample could have only arrived on Benaquist's boot at the time of a struggle. 

Zickl implicitly disputed that claim.

"There is so much not known about this fragment," Zickl added. "We don't know when it was deposited, who, or what it is."

Despite Zickl's insistence that the abundance of evidence points to Scott Doll's guilt and nothing new has been presented that would suggest he didn't kill Joseph Benaquist, Deal maintained that Doll deserves a legally substantiated answer to the questions that still dangle in the case.

"When you stand back and look at all the pieces, there are good reasons to believe that someone else was at this crime scene when this crime occurred," Deal said.

Many members of Doll's family attended the hearing. After the hearing, Dawn Doll, Scott's step-sister, leaned over to a reporter and said, "There is a murderer out there who is free."

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

Weather Advisory: Light snow to continue through early Saturday morning

By Joanne Beck

According to the National Weather Service, a winter weather advisory will continue until 7 a.m. Saturday, with additional snow accumulation of 2 to 4 inches possible. Areas affected included Genesee, Niagara, Orleans, and Northern Erie counties.

Winds gusting as high as 35 mph. Plan on snow covered and slippery road conditions with poor visibility. Periods of snow will result in snow covered roads and limited visibilities. Slow down and use caution while driving.

In other words, it's still winter, folks. We're not officially into spring until March 20. Hopefully, Mother Nature will cooperate this year. 

Photo: A city resident takes care of some late night shoveling as the snow continues to trickle down Friday evening in Batavia, by Joanne Beck.

Low-interest loans available to those affected by Winter Storm Elliott

By Press Release

Press Release:

New York businesses and residents affected by Winter Storm Elliott that occurred Dec. 23-28, 2022, are eligible to apply for low-interest disaster loans from the U.S. Small Business Administration. The declaration covers Erie County and the adjacent counties of Cattaraugus,
Chautauqua, Genesee, Niagara and Wyoming in New York.

Businesses of all sizes, non-profit organizations, homeowners and renters with uninsured or under-insured losses from Winter Storm Elliott are encouraged to apply to the low-interest disaster loan program. The filing deadline is April 28, 2023 for physical damage and November 27, 2023 for economic injury.

Applications can be found online.

Two in-person locations have also been set up to assist those who need it to apply. Both locations are located in Erie County and close to applications Thursday, March 16, 2023, at 4 pm. You do not need to visit these locations to apply.

Disaster Loan Outreach Center at Delavan Grider Community Center
877 E. Delavan Ave, Buffalo, NY 14215
Hours: Monday-Friday 9 a.m.  to 6 p.m. and Saturday 10 a.m. to 2 p.m.

Disaster Loan Outreach Center at Erie County Training & Operations Center
3359 Broadway, Cheektowaga, NY 14227
Hours: Monday-Friday 9 a.m. to 6 p.m. and Saturday 10 a.m. to 2 p.m.

For more information, go to a Disaster Loan Fact Sheet.
 

Two accidents with entrapment reported in Bergen

By Howard B. Owens

Two accidents are reported in Bergen, both with injuries and entrapment.

The first accident reported was at Jericho and Townline Road the second at Route 33 and Route 19.

Two vehicles involved in the first accident, three in the second.

Bergen Fire and Mercy EMS dispatched to both accidents.

UPDATE 3:53 p.m.: At one of the accidents, a responder reported no entrapment but assistance needed in getting patients out of a vehicle.  

UPDATE 3:55 p.m.: Le Roy Ambulance requested to the Jericho Road accident.

Finger Lakes Youth Apprenticeship Program holds annual 'Signing Day'

By Press Release

Press release:

The Finger Lakes Youth Apprenticeship Program (FLYAP) held its annual “Signing Day” ceremony at the Genesee Community College’s BEST Center on Thursday, March 9, 2023. Nearly 40 students from the Batavia Campus of the Genesee Valley BOCES signed up for job shadows and paid co-ops at a dozen advanced manufacturing companies in the region.

“Students from the Genesee Valley BOCES in Batavia are already receiving some of the best career and technical education training in the classroom which is preparing them for the 21st-century workforce,” said Rich Turner, RTMA Director of Workforce Development. “The Finger Lakes Youth Apprenticeship Programs compliments these students’ classroom training by connecting seniors and juniors to a one-of-a-kind job shadow or paid co-op at manufacturing companies across the region.”

The Finger Lakes Youth Apprenticeship Program was created in 2018 and is the first youth apprenticeship program for students interested in manufacturing in New York State. FLYAP partners with every BOCES and Career and Technical Education high school throughout the greater Rochester and Finger Lakes region.

“We are so very proud that through Genesee Valley BOCES and our relationships with amazing business partners, students receive experiences that will lead them into successful careers,” added GV BOCES Batavia Campus Executive Principal Rachel Slobert. “Whether it is a job shadow or paid internship, these opportunities allow students to get real-world experience prior to graduation.”

FLYAP is a program of the Rochester Technology and Manufacturing Association (RTMA) and is supported by Monroe Community College (MCC) and the Genesee County Economic Development Center (GCEDC). The Finger Lakes Youth Apprenticeship Program is also supported with funding from the Rochester Gas & Electric Economic Development Grant and Ralph C. Wilson, Jr. Foundation.

“The students at the Genesee Valley BOCES and our region’s career and technical education centers are entering the manufacturing and skilled trades workforce with career-ready skills and experiences,” said Chris Suozzi, GCEDC Vice President of Business & Workforce Development. “The Youth Apprenticeship Program builds on those experiences with a direct pathway to rewarding careers at our region’s employers.”

To date, more than 400 high school juniors and seniors and nearly 150 businesses have participated in the program. in addition to the students’ work experiences, most take college-level courses at no charge through a dual enrollment agreement between participating schools and MCC. Entering this year, participants have taken more than 350 classes.

The next FLYAP “Signing Day” ceremony will be on Tuesday, March 14 at the Orleans Niagara BOCES in Medina, Orleans County. Additional programs can be found at www.flyap.org; or you can contact FLYAP at info@fingerlakesyouthapprenticeship.org or (585) 510-4278.

To view photos, click here.

Photos by Steve Ognibene

Rich Turner Director of Workforce Development, Rochester Technology and Manufacturing Association

Chris Suozzi, Genesee County EDC – STAMP VP Business & Workforce Development

Karli Houseknecht - Tambe Electric

Hunter Meyers - Tambe Electric

Robert McCarthy - Grahams Corporation

Students left to right Bradley Burdett - Maris Systems Design, Bailey Burdett - Nortera Foods and their parents

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: Geneseean of the Year, Norm Argulsky

By Joanne Beck

A believer of community service, faith, gratitude and, for sure, in doing the heavy lifting.

That’s Norm Argulsky, a lifelong Batavian, retired school teacher, and volunteer about town.

Argulsky, on the cusp of turning 85, was surprised to learn he’d been selected as a recipient of the Genesee County Chamber of Commerce Geneseean of the Year. Certainly, there were others more worthy, he said. Well, apparently, the committee thought he was not only equally worthy but most deserving.

“I do what I do because I love doing it,” he said during an interview with The Batavian. “I’ve been very, very happy here, I love Batavia. It’s a wonderful community to live in. I just decided Batavia was my home, all the people that I know are here, so I might just as well stay.”

Stay, perhaps, but stay put? Hardly. He’s too busy for that. Argulsky was a teacher for fifth and sixth graders at Jackson school for 40 years and has been active with Batavia Players since 1995 when the late Wanda Frank recruited him to perform.  He also moved into the role of keeper of the costumes, which comes across quite clearly when he spoke about the new theater space that’s in progress.

“I’ll be spending lots of time there in May and June when moving my temporary place into my new place, the costume room,” he said. “Everything will be done on computer. I will be able to keep track of my costumes. If you want something, I’m the only one who knows where it is.”

According to one of the nomination forms, Argulsky keeps rather immaculate care of the costumes, which …

When they began to loan them out to high schools in Genesee and Monroe counties for their shows, the precious commodities didn’t always make it back. With some reluctance, a decision was made to charge a $2 rental fee per costume, and there hasn’t been a problem since. It all had to do with “giving something for free” that doesn’t work as well, he said.

Argulsky has also become the familiar voice to introduce shows and promise audience members that they’re going to love it, he said tongue in cheek, and he’s been on the Players board since 1996.

A man of faith, Argulsky attends daily mass and had a prior calling to become a priest.

“I believed in and enjoyed my Catholic faith. It got me through many things,” he said.

It was either that or become a teacher, and he unregrettably chose the latter. His classroom style was to not ever shout or send a child to the principal. Or put any of them on the spot.

“I was going to be a happy teacher … I was never going to confront a child in front of the class,” he said. “I’m as busy now as I was when teaching.”

Argulsky is co-chairman of the Super Mammoth Sale, a role he has owned for the last four years. He works with longtime Mammoth volunteer John Bowen, and they raised $30,000 last year for St. Joseph’s School. Is he satisfied with that?

“This year, we’re hoping for a little bit more,” Argulsky said.

He puts in 25 hours a week throughout the year, carrying, moving, lifting, cleaning, pricing, cleaning, sorting and organizing items alongside Bowen and other volunteers that pitch in to help.

“I find that physically I’m very, very good,” Argulsky said, contrasting that with a less glowing report on the cognitive side, which is “expected with aging.” That was certainly hard to verify, given his spot-on recollections.

Ready for more from this octogenarian? He has helped with the bereavement program at Resurrection Parish since 2003, serving meals for loved ones of the deceased after a funeral, and counts the church money on Mondays. For six years before the Mammoth began on Saturdays this year, he volunteered at Genesee County Park’s Interpretive Center, welcoming people, giving tours and guiding them to their destination on a map.

We’re not done. For the past four years, Argulsky has served as cashier for Crossroads House summer sale and has driven close friends to medical appointments, writing down the doctor’s words and prescriptions to read back to the friend later.

When does he sleep? “I only have to have six hours of sleep a night, and I am fine,” he said.

Any of his extra time is devoted to reading — four books, mostly fiction, at any given time — plus walking and running.

“I am extremely thankful, God has provided me with a very, very happy life,” he said. “Everything seems so negative now, I try to compliment people and be happy all the time … count your blessings. I have values, and I live by my values, I don’t compromise that. I know my life is different than other people's. I go to mass every day; it’s to thank God for everything.”

Has there been anything left on the proverbial bucket list at this point? Listen up, Pat Burk.

“I’d like to play Morrie (in ‘Tuesdays With Morrie’) one more time with Batavia Players on their brand new stage,” Argulsky said.

He was nominated for this award based on his 36 years of investment into young people as a teacher at Jackson School, and his dedicated community service as a volunteer for many organizations throughout Genesee County, least of not including lead roles as King Lear and Uncle Vanya for Batavia Players’ productions, his input and guidance have been significant in the development of the new theater in Batavia City Centre, lending costumes to community residents to dress them in authentic period clothing for local special events, such as the City's Centennial Celebration a few years ago. "We all benefit from his knowledge and expertise," a nomination states. 

The Richmond Memorial Library has been a focus for Argulsky, according to nomination forms, as he is currently serving in his ninth year on the Board of Trustees. He has served as vice president and then for four years as president of the board. "Norm continues to shape the future of young people by serving as president on the Board of Directors at St. Joseph's Regional School. His hands-on leadership style includes co-chairing the Mammoth Sale, as a leading volunteer for the annual sales event that benefits Crossroads House, a member of the Genesee-Orleans Regional Arts Council (GO-Art!) and other similar organizations," it states.

He has contributed to St. Joseph Regional School in many ways. He has served on the school board since 2018, acting as president for the last five years. He has been instrumental in assisting and overseeing the yearly budget; establishing tuition rates; overseeing expenses and income; and working to assist school leaders in making a smooth transition from a parish school to a regional school. "His educational advice has always been appreciated and valued as we prepare documents to submit to the NYS Education Department to validate our excellent educational programming and the services we provide to our students on a daily basis. 

"Norm Argulsky is a fine man, professional and caring. He truly cares for our organization as one of many that he is involved in. He also loves the Genesee County community and continues to volunteer and give to this day. His activities at the Richmond Memorial Library and St. Joseph's School are parallel to none. He has a constant presence at both organizations, and I am certain that, like Batavia Players, they would not be the same or as successful without his active involvement. He is truly a treasure in our community," yet another nomination form stated. 

The 51st annual Chamber Awards event is on Saturday at Batavia Downs Gaming.

Norm Argulsky in some rare moments at home when not out volunteering in the community. Photos by Howard Owens.

March is Developmental Disabilities Awareness Month

By Joanne Beck

Genesee County Legislature members this week recognized the importance of National Developmental Disabilities Awareness Month, which is observed throughout March as a nationwide event. Its purpose is to raise awareness about the inclusion of people with developmental disabilities and address the barriers that those with disabilities face. Inclusion is necessary, advocates say, since about 15 percent of the world’s population lives with a disability.

March has been recognized as Developmental Disabilities Awareness Month since 1987, when President Ronald Reagan issued a public proclamation urging Americans to provide individuals with developmental disabilities “the encouragement and opportunities they need to lead productive lives and to achieve their full potential.” 

Legislator Marianne Clattenburg presented a proclamation during the group's meeting Wednesday in recognition of the month to staff members of Arc GLOW, which serves four counties -- Genesee, Livingston, Orleans and Wyoming -- with programs and services for people with intellectual and developmental disabilities.

According to the Centers for Disease Control and Prevention (CDC), developmental disabilities are defined as impairments in physical, learning, language or behavior areas, and include:  

  • Autism spectrum disorders
  • Cerebral palsy
  • Attention-deficit/hyperactivity disorder
  • Learning or intellectual disabilities
  • Hearing loss
  • Vision impairment
  • Other developmental delays 

Photo: Genesee County Legislator Marianne Clattenburg presents a proclamation for Developmental Disabilities Awareness Month to representatives of Arc GLOW during this week's Genesee County Legislature meeting. From left, Martin Miskell, Marianne Clattenburg, Cheryl Englert, and Lisa Bors. Photo by Steven Falitico.

LeRoy Wrestling Club produces Back-to-Back Champions

By Press Release

Press Release:

On March 8, 2023, the LeRoy Wrestling Club won the Greater Rochester Youth Wrestling League Championship (GRYWL) for the second year in a row.  The LeRoy Knights avenged two regular season losses to keep the cup in LeRoy.  In a tough semi-final bout against HFL, the Knights came back from a deficit to win 33-32.  The Knights beat a tough Hilton team in the Championship bout 44-28 to maintain their champion status.

 

Submitted photos of Head Coaches John Lauricella and Troy Ireland and Assistant Coaches Cory Beardsley, Rob Stiles and Matt Wojtaszczyk, and Le Roy student athletes.

Public Notice: Town of Bethany meeting date change

By Press Release

Press Release:

The Town of Bethany is changing its March monthly meeting from Monday, March 13 at 7 p.m. to Monday, March 20 at 7 p.m. due to unforeseen circumstance.

So you want to be a school board member? Learn what that really means March 16

By Joanne Beck

So you want to be a school board member and get a particular teacher fired. Or lower the tax rate. Or perhaps eliminate some boys sports.

You may want to attend a training to learn what being a school board member is all about and to know what you can actually do and not do while sitting through those board meetings, Patrick Burk says.

“Genesee Valley School Boards Association offers training so that people can understand what to expect,” Burk said Wednesday to The Batavian. “Last year we had six come to training. Only four ran. Some people thought being a board member meant handing out certificates to their kids. Some people have no interest in the negotiation side, other people come in with a single agenda. It’s their prerogative on where their interests are … your duties don’t stop with your interests.”

The next training session is at 7 p.m. on March 16 at Genesee Valley BOCES Service Center, 80 Munson St., Le Roy. There’s no charge, but registration is required.

As a former school board president and now executive director of the GV School Boards Association, which represents 22 school boards in Western New York, Burk has come to fully appreciate the role of a board member. His specific interests zeroed in on personnel, special education, inclusion and busing. But his service certainly didn’t stop there, he said.

There are state mandates, rules and regulations — Title IX being a big one involving equality in boys and girls sports — union contracts, and 12 hours of mandatory training, six hours each in June and July. Batavia City Schools recently encountered a potential Title IX issue when Girls Flag Football was proposed. The board approved it, making the number of sports for girls equal to boys.

“You have to deal with what the law states,” Burk said. “It’s not always comfortable.”

The training flyer states that: this program has been designed to answer all the questions that parents and residents may have about becoming a school board member. We will go through the process of the election and discuss expectations and outcomes once you are elected. If you have a basic interest, this is step one to learning what your commitment would be as well as what to expect from this much-needed community service position. Join us for an informal discussion and presentation that will enlighten you on what to expect and the important duty of serving our public educational system.

One training drew an interested mom who had attended three school board meetings and noted that certificates were handed out to students. That prompted her interest since she thought it would be nice with her own children, Burk said. However, that was such a minor aspect of serving on the board, and the training dispelled the notion, he said. She didn’t run for a seat.

“A lot of the things that board members have to know are required,” he said. “And in some areas, you have to pay for training.”

Fortunately, the GV School Boards Association does not charge for training, while elsewhere, it is mandatory, and board members must pay the fee. There is also training led by labor attorneys about how to react to employees during negotiations and how to respond to parents during a particular school issue.

“I found it very difficult; some board members wanted to call their own press conference when they did not get their own way,” Burk said.  “You have to support the board’s decision.”

That’s not to say that board members can’t have and express their own opinions prior to a vote, he said, but after a vote, the members are to then support that vote. Training also covers that protocol as well.

For this upcoming session, Burk and other presenters will talk about the expectations of a board member, including how to run for election — the need to collect signatures, for example — and a question-and-answer session.

“It is awe-inspiring for some,” he said. “It may be terrifying for others.”

For more information or to register, email pburk@gvboces.org.

File Photo of Patrick Burk when on the Batavia City Schools Board of Education, shown with student Dominic Darch, by Howard Owens.

Hawley rallies for local roads and bridges

By Press Release

Press release:

Assemblyman Steve Hawley (R, C -Batavia) rallied today with the Assembly and Senate Minority in the call for an increased allocation of funds for local roads and bridges as part of this year’s budget. Local roads and bridges are often in disrepair and require support from the state to help with maintenance and management, and Hawley believes the budget should allocate for it.

“I am imploring the legislature and the governor to include an additional $200 million for local road and bridge maintenance and an additional $70 million for Extreme Winter Recovery,” Hawley said. “With the governor's proposed budget of $228 billion, it would behoove the legislature and governor to assure the $270 million is made available for our local roads and bridges that our taxpayers travel every day.”

Authentically Local