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Who's who on the Ethics Board... and what do they do, anyway?

By Philip Anselmo

Batavia's Board of Ethics may have been so quiet over the past few years that you wouldn't even know they exist — Councilman Bob Bialkowski certainly didn't — but according to the Daily News, such an advisory group is still around, though hardly in full form.

This morning, city officials have listed Lewis Henning, the Rev. Raymond Kraus (whose term expired in December 2005), Jine Monachino, Durin Rogers and Holly Sharpe (who had resigned) as current board members. No terms or procedures were available.

Without Kraus and Sharpe, the board that was originally composed of six members is currently down to three — member Todd Phelps was rendered inactive at the start of 2006, since he no longer lived in the area.

The Batavian phoned Lewis Henning to find out more information about the board's procedures. Henning said that he had never sat with the board in its official advisory capacity. When he and the other members were appointed a few years back, they "met and sorted out liability" and discussed their responsibilities.

"As a board we search out the charter and relevant issues and make a decision from there, then send our decision on to the city attorney," he said.

"We have never made an opinion so far."

During the early stages in 2005 or so when the board was coming together and city officials were working out just what they were supposed to do and say and what power they had, it was decided that the board makes "a recommendation" — known as its advisory opinion — but that the decision "didn't really have any bite to it," said Henning.

He did not know when the board will meet, though he imagines it would be "probably pretty soon." Nor does he know how the city will address the issue of the three missing board members.

City Manager Jason Molino has not yet returned our calls for comment. We are hoping to find out more information about the procedure for the Board of Ethics, when it will meet and how a decision will be rendered and considered by the City Council.

Previous related posts:

Present Tense presents... poetry for kids

By Philip Anselmo

Present Tense bookshop on Washington Avenue will be hosting two very special events this summer.

Poet Sally Bittner Bonn will be coming down from Rochester to lead the World of Poetry half-day workshop "designed to help children explore the poetry in everyday life, from the cracks in the sidewalk to the sound of a whirring engine."

World of Poetry will run from 1:00 to 4:00pm on August 13 at the shop, 101 Washington Ave. Children 8 to 12 years old may attend. A registration fee of $25 is due by August 2 to reserve a spot in the workship. Children will read published works for inspiration and engage in writing exercises to "fine-tune their own writing."

Bonn is a poet and a performer in Rochester.

She teaches creative writing workshops throughout Western New York and has published a book of her own poetry, Walking Woman. Sally participated in the 2001 Poetry Slam competition in Seattle and is the curator for the 25 & Under poetry series at Writers & Books in Rochester, which spotlights young poets under the age of 25.

Just a few days after the workshop, Present Tense will celebrate the 100th anniversary of the publication of Anne of Green Gables at an all-ages event August 16 at 1:00pm.

The celebration will include refreshments featured in the book, such as raspberry cordial. Selections from the book will be read and participants will be invited to share their favorite part of the book or a remembrance of their first time reading it. Costumes are encouraged; those who come with red wigs or puffy sleeves will be eligible for prizes. The event is free and open to the public, but please RSVP to Present Tense by August 9 if you plan to attend.

Call (585) 815-7640 to register for the workshop or find out more information about either event. You can also visit Present Tense online at PresentTenseBooks.com.

News roundup: West Nile confirmed in hawk in Avon

By Philip Anselmo

Check out WBTA for this and other stories:

  • Livingston County health officials confirmed that a hawk found in Avon has tested positive for West Nile virus, the first such case in a bird in that county this year. The virus has present in western New York for eight years, according to the county's public health director.

Weiner Dog races at Batavia Downs

By Howard B. Owens

HarnessLink contains a post from Batavia Downs marketing manager Todd Haight about Weiner Dog races on the  track, but no mention of date or time for the event.

We do learn that last year's winner, Rudy, will be back to defend his crown.

Muckdogs Win Against Oneonta

By Mollie Radzinski

Batavia (19-15) battled back and forth with Oneonta (17-17) to finally come through to prevail 5-3.  Miguel Tapia (4-2) went five innings on the mound with two hits, two runs, one walk and two strikeouts to get the win.  Adam Reifer got his tenth save in his usual fashion, pitching a hitless 9th with one strikeout.

 

The Muckdogs jumped on the board first in the 2nd inning when Blake Murphy doubled and was then driven in on a Domnit Bolivar sacrifice fly.  The Tigers answered back with two runs of their own in the 3rd after Christopher White walked and Ben Guez hit a homerun.  But Batavia tied it up in the bottom of the inning.  Beau Riportella singled, Jose Garcia reached on a fielder’s choice and Colt Sedbrook was hit by a pitch to load the bases.  Shane Peterson then flew out to centerfield for a RBI.

 

Batavia came through to break the tie and get the win in the 5th when the same three players loaded the bases again after Riportella doubled, Garcia was hit by a pitch and Sedbrook singled.  Peterson then cracked a double to clear the bases.

 

Riportella went 2-for-3 at the plate while Murphy went 2-for-4, each with a double.  Peterson had four RBI.  The rubber-match between the two teams is set for an early 11:05 start on Thursday.

 

Bialkowski says he does not have a conflict of interest

By Philip Anselmo

City Councilman Bob Bialkowski insists that he will not recuse himself  "at this time" from a vote by council to purchase a new sign for the mall, where his wife works as mall manager.

"I really can't," he said. "I have no financial interest. Our charter has said no one can recuse themselves unless they have a direct financial interest. It's in the charter. I have no interest. My wife has no financial interest."

At the council meeting on July 14, Bialkowski was asked by Council President Charlie Mallow to recuse himself from the vote as the purchase of the sign by the city would benefit the mall merchants financially and thus Bialkowski by association. Those comments were followed up by a letter sent yesterday by City Attorney George Van Nest requesting the Batavia Board of Ethics to convene regarding a conflict of interest of a certain "councilman" whose "wife is manager of the mall" regarding that very same vote.

Bialkowski spurns those claims.

He says his wife is only an "hourly employee" of the mall and stands to see no gain from the installation of a sign advertising mall shops. Further, she is not on any board and does not meet with the Mall Merchants Association, the group requesting the sign.

More than all that, he said, "we don't have a Board of Ethics, at least we didn't the last time I knew."

The Batavian called Mallow to find out more information about the Board of Ethics. We are waiting for him to return our call. We could not find a listing of the members of such a board on the city Web site. But we did find the following in the City Code:

There is hereby established a Board of Ethics consisting of six members to be appointed by the Council and who shall serve without compensation for a term of five years each, with the initial terms to be staggered so that one member shall be appointed or reappointed each year, with the exception of the fifth year when two members shall be appointed. All members shall be residents of the City of Batavia, except that no member may be an officer or employee of the City of Batavia.

The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the City of Batavia with respect to Article 18 of the General Municipal Law and the Code of Ethics contained in Article I of this chapter, under such rules and regulations as the Board may prescribe. In addition, the Board may make recommendations with respect to the drafting and adoption of the Code of Ethics or amendments thereto upon request of the Council of the City of Batavia.

We will post more information as it becomes available.

Check out our earlier post for more information and background.

Board of the Ethics asked to convene — city attorney alleges councilman has conflict of interest

By Philip Anselmo

City Attorney George Van Nest has requested the city of Batavia Board of Ethics to convene to consider a potential "conflict of interest" regarding an upcoming vote by the City Council to should purchase a new sign for the mall — an original mall sign was removed by the city when constructing the City Centre.

In his letter, Van Nest states that a "councilman's wife is the manager of the mall," and although he does not refer to the "councilman" by name, the very same issue was taken up at the last meeting of the council on July 14. At that meeting, Council President Charlie Mallow asked Councilman Bob Bialkowski to recuse himself from voting on the purchase of the mall sign because Bialkowski's wife was an employee of the mall. Mallow said that since the mall merchants stood to benefit financially from the sign that would be paid for by the city, Bialkowski, too, stood to benefit since his wife is an employee.

Van Nest also states that city has, for some time, been in "discussions" with the Mall Merchants Association regarding various maintenance and expense issues, and that the mall merchants have "threatened litigation" against the city.

In addition to the issue of sign replacement, to the extent that the City and Mall are able to successfully resolve open issues, the parties will be required to negotiate and enter an agreement relative to a variety of matters. The details of any potential agreement will need to be reviewed, discussed and approved by City Council prior to execution.

Van Nest asks that the Board of Ethics convene "at the earliest opportunity" and issue an "advisory opinion" prior to the next meeting of the council on August 11.

Wires down in Pavilion

By Philip Anselmo

Reports have come in about some wires down on Junction Road between South Lake and Perry roads in the Pavilion district. Fire crews are on the scene. But if you've got to head that way, you may want to think detour.

Walnut Street reconstruction — further explained

By Philip Anselmo

Since more than a few folks have taken interest in the proposed roundabout for Walnut Street, we have put together some more information passed on by City Council President Charlie Mallow.

From a press release issued by the city:

The Walnut Street Project will involve the complete removal and reconstruction of the roadway, starting at the south City line and extending north to the Oak Street intersection. A modern roundabout will be installed at the Pearl/Franklin/South Main intersection. Additional infrastructure upgrades will include the replacement of curbing, the City of Batavia’s water main, sidewalks, driveway aprons, drainage structures, and street lighting. In addition, stabilization of the Tonawanda Creek stream bank, as well as a variety of landscaping improvements will be included in the project’s scope.

In preparing their construction schedule, CATCO has chosen to compress the roundabout and major street reconstruction work into the 2009 season.

Work that will be performed this year will include: utility relocation, drainage improvements, water main replacement, stream bank stabilization, railroad crossing replacement, building demolition.

City Manager Jason Molino says in the release that CATCO has split up the work over the two seasons to "minimize disruptions to the normal traffic flow ... and most importantly, lessen the project's impact on local residents."

The Batavian left a message for Molino to find out how postponing the major work until next year will "minimize disruptions" — wouldn't two years of work be more disruptive than finishing the project in a single season, for instance. We also plan to ask Molino how the project originated and was approved by City Council as there seems to have been some opposition to the roundabout, as noted in a survey conducted by the Batavia Area Jaycees in 2007. What was most shocking about the results of the survey was that many people did not even seem to know about the project.

The City plans to hold a public information meeting in February 2009 to review the construction schedule, work phasing, and proposed detours with local residents. The exact time and location of this meeting will be provided at a later date.  The City will also distribute project informational flyers to local residents on a quarterly basis.

If you have questions about the project, there are a few people you can contact:

  • Sally Kuzon, assistant city manager: (585) 345-6325
  • Larry Klotzbach, project engineer: (585) 259-0506
  • Dave Curtis, project superintendent: (716) 481-0571

UPDATE: City Council President Charlie Mallow notified The Batavian that, in fact, several public meetings were held about the construction of the roundabout, several stories about it appeard in the Daily News, and nobody contacted him or the council to voice their opposition to the project.

I have never received a negative phone call or any interaction that I can conclude as being negative towards going forward with a roundabout. In fact, its the opposite, people on Walnut want to know when they are getting their promised repairs. There was no opposition that I am aware of at all. People in the area are rightly concerned about timetables and how they are going to live and run their businesses in a construction site. All of that is being worked out and will be worked out before the work has started.

I must admit that I was a little surprised to hear that people disliked the idea of a roundabout. I am not a native of Batavia, and the first few times I drove down Oak Street to get through to Pearl Street, I was quite confused on how to maneuver the street connections there. What about you? Will you be glad to see a roundabout?

News roundup: Shopping, rabbits and community action

By Philip Anselmo

Look no further than the front page of today's Daily News for all you need to know about what it's like to be the first shopper at a new Target store — Janet Saile bought Tic Tacs — or why rabbits make good pets — they "take up less space" than a cow — or, on a more serious note, how to stay drug free — "just walk away," says 15-year-old Tessa Williams.

For more on that last item, check out the article by Joanne Beck about National Night Out, a "fun night to learn how to make your neighborhood safer" taht will be held from 5:30 to 8:30pm August 5 at St. Anthony's Parish Center, 114 Liberty St.

This year's night out will include a new focus on drugs with the Drug-Free Marshals program and a venue for residents of Highland Park and Pringle Avenue to share their concerns during a special community meeting

There will also be youth activities, interactive games, a DJ, Safe Child identification kits, caricatures and information booths about ways to get or remain drug-free.

Today's sports section of the paper is heavy with local sports coverage — congrats to the staff for filling the whole front page with it. We got up a link in our Local Headlines about the Muckdogs loss, which is covered. But there's also a preview of the upcoming Empire State Games with a focus on some Batavia representatives on the hockey and basketball teams.

LeRoy beat Batavia 12-5 in the District 3 youth baseball championship game Tuesday for 9-10 year olds. The team will advance to the Section 1 Tournament in Olean where they will face District 8 champs Fayetville Manlius at 12:30pm Saturday.

As always, we encourage you to pick up a copy of the Daily News wherever the paper is sold. Or, better yet, subscribe at BataviaNews.com.

Muckdogs Drop First Game Against Oneonta

By Mollie Radzinski

The Muckdogs (18-15) added one to the loss column, falling 6-3 to the Oneonta Tigers (17-16).  Jameson Maj (2-2) got the start and the loss, pitching five innings with four hits, two runs, one walk and two strikeouts.  For the Tigers, Darwin De Leon (3-1) got the win in five and two-thirds innings with three hits, two runs, two walks and one strikeout.  Aaron Fuherman pitched the last three and a third innings with two hits, one run and two strikeouts to get his first save of the season.

 

Oneonta struck first in the 3rd inning when Ben Guez reached on a fielding error, Joshua Workman doubled and Bryan Pounds flew out for the RBI.  Angel Flores singled to score the other run in the inning.  In the 6th, they made it 3-0 when Mike Gosse reached on a fielder’s choice and scored on Brent Wyatt triple.

 

Batavia answered back in the bottom of the inning when Shane Peterson was hit by a pitch and Blake Murphy hit his third homerun of the season.  However, Oneonta scored three in the 7th to seal their win.  Guez walked, stole second and scored when Pounds singled.  Then Billy Nowlin and Gosse both had RBI singles.

 

The Muckdogs’ last run came in the bottom of the 7th on a Beau Riportella double and a Jose Garcia single.  Riportella ended the night 2-for-4.

 

News roundup: Cow NOT in custody

By Philip Anselmo

Check out WBTA for these and other stories:

  • Everybody's favorite steer on the lam has been brought into custoday — or so we thought. It was reported earlier today that "Woody" the 1,200-pound show steer that escaped from the Genesee County Fairgrounds early last week was picked up nearby the Batavia-Stafford Townline Road after being subdued with tranquilizers last night. In fact, the tranquilizers wore off and the steer escaped yet again. Dr. Cricket Johnson said they are "weary" of the chase and the solution now might just be to shoot to kill.
  • A Walgreen's store that will go up in LeRoy was granted $62,000 in tax incentives by the Genesee County Economic Development Center. The store will go up at the corner of Main and Lake streets and employ 18 people full- and part-time.
  • Investigators still have not determined the origin of the fire that caused more than $250,000 in damage and destroyed the kitchen and a dining area at Cristina's Restaurant. Batavia's Acting Deputy Fire Chief Jeff Day that they will have to wait until laboratory tests come back.
  • Ange Bell of LeRoy passed away Friday. He was 97 years old and well known for his portrayals of Santa Claus in LeRoy for more than 50 years. Dan Fischer has assembled a few audio clips from interviews with Bell, including one in which he talks about how he was tricked into attending Santa school but soon fell in love with it.

The world outside Genesee County

By Howard B. Owens

No community is an island.  The larger world finds its ways to intrude, from Middle East instability driving up gas prices, to presidential elections that will impact the economy and schools, there is more to the world than our home town.

And we all have an opinion about the world around us.

When we say "The Batavian -- Online News. Community Views."  The community views part isn't just about what you think about events in Genesee County; it's about what you, as people concerned with and involved in your local community think about all of those issues beyond parochial borders.

In such a spirit, we've expanded the range of headline links in the right column.

We've also added a "Nation & World" tab to the top navigation.  This is where you can post blog items about national, international and political issues you want to talk about.  I've started the conversation with a blog post about my dislike for political parties.

When you want to start a conversation with a new blog post, go to "Create Content" in the left column, then select "Blog Entry" and then select "Nation" or "World."  If you make that selection, when you save your post, it will appear under the Nation & World tab for all readers of The Batavian to find.

Also, if you're really into nation and world news. there's another way you can contribute to The Batavian -- and that's by adding headlines to the blocks on the right side of the page. 

It would be easy for us to set up some automated system to add headlines from major news sources around the globe, but that's so impersonal.  We're not a fan of automation when it comes to human communication.  We think that Batavians suggesting to other Batavians what might be interesting to read is far more useful than what some computer program might suggest.

If you would like to contribute "suggested reading" to the headline buckets, send me an e-mail (howard at the batavian dot com) and I'll provide instructions and the necessary permissions to make such a contribution to the site.

Walnut Street roundabout

By Philip Anselmo

One of our readers got curious after reading a post on The Batavian from earlier today about the postponement of the Walnut Street reconstruction and addition of a roundabout. Many thanks for Russ Stresing for getting us the following images. The first is an artist's rendering of the roundabout, once it is completed. Below that is a satellite view of what the area looks like now — that image is borrowed from the Genesee County Web site.

Batavia Thruway Cam

By Howard B. Owens

In case you don't know about it (we just found it), there is a still-image web cam on  the Thruway that shows the Batavia exit and the free way. It might come in handy for morning commutes.

Police Blotter: July 21

By Philip Anselmo

All of the following calls were reported by the City of Batavia Police Department. Listed offenses do not imply that charges were filed. Calls may result in no official action.

Monday:

  • 10:31am, 25 Brooklyn Ave., larceny
  • 11:07am, Jefferson Avenue, burglary
  • 11:42am, 106 Evans St., harassment
  • 11:44am, 638 E. Main St., criminal mischief
  • 1:56pm, 34 Hutchins St., larceny
  • 2:46pm, 22 Tracy Ave., larceny
  • 3:16pm, 390 W. Main St., accident (car + bike)
  • 3:19pm, 9 Walden Creek, harassment
  • 3:38pm, 15 W. Main St., criminal mischief
  • 5:54pm, 15 W. Main St., larceny
  • 7:03pm, 132 Ross St., endangering the welfare of a child
  • 9:17pm, 6 Maple St., criminal mischief
  • 9:42pm, 209 Bank St., harassment
  • 10:35pm, Jackson Street, criminal mischief

Note: We don't include noise complaints, domestic disputes and routine police business.

News roundup: School Board OKs purchase of $55,000 rock wall

By Philip Anselmo

Batavia Middle School will get a rock climbing wall. The city School Board approved the purchase of the $55,000 wall at its meeting last night, according to the Daily News. Reporter Joanne Beck writes: "The district can afford the purchase with surplus year-end funds from 2007-08, Business Administrator Scott Rozanski said."

At the same meeting, following the purchase of the rock wall, the board then approved an increase in breakfast and lunch prices at city schools, reported Beck. Breakfast will now be $1.10 at the elementary school and $1.25 at the middle and high schools; lunch will be $1.55 and $1.85, respectively.

Work on the Walnut Street roundabout and street reconstruction will be postponed until next year. City Manager Jason Molino told the Daily News that "the decision was made by contractor CATCO." It was decided to hold off on the project "to minimize disruptions to the normal traffic flow," and meetings will be held in February to "help people understand how best to navigate and use the roundabout."

Mercy Flight and the Batavia Muckdogs will join together for a fundraiser that will grant two lucky raffle winners the chance to ride a helicopter from the airport to Dwyer Stadium and throw out the first pitch of that night's game. A $10 ticket will include admission to the Muckdogs game on August 4, as well as entry into the drawing. "Mercy Flight will get $6 out of every $10 ticket sold." Tickets can be purchased at Dwyer Stadium and at Mercy Flight's base at Genesee County Airport. Winners will be announced at the August 1 Muckdogs game.

Congratulations to Batavia's 11-year-old Little League Baseball all-stars whop took home the District 3 championship last night in the second straight defeat of Oakfield. In its past three games, Batavia has outscored its opponents 34-4. Talk about an offensive powerhouse!

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

Listening to America: Wednesday

By Philip Anselmo

The Deomcratic Party this year is making an effort at promoting "grassroots" involvement in the presidential campaign by soliciting the input of anyone willing to give it in a series of platform meetings that will be held across the country. They are calling it "Listening to America." Questions and concerns brought up at the meetings are supposed to then be integrated in the Democratic platform in the upcoming presidential election.

From Saturday, July 19th to Sunday, July 27th, everyday people all across America will hold Platform Meetings in their homes, or in their local churches and even coffee shops, to help build the Democratic Party's platform for change from the bottom up.

Attend a Platform Meeting and tell us what matters to you, so we can incorporate your ideas into the party's platform. A few participants may even be invited to appear and testify at the National Hearing.

Batavia will get its chance to participate this week. Blogger Robert Harding (with the Albany Project) and President of the Genesee County Young Democrats Dan Jones will host a local "Listening to America" meeting at Batavia's City Centre Wedenesday at 7:00pm.

Jones says that he and Harding will write up "a recommendation in the form of a position paper to send to the (Democratic National Committee) and Senator Obama's campaign based on the discussion."

Top Items on Batavia's List

Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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