city of batavia

Batavia is a small city but it’s not immune to big city problems when it comes to respect, responsibility and accountability from its youth and law enforcement.

That is the gist of the message shared at Monday night’s City Council meeting by longtime Batavian Bill Blackshear, who is calling for citizens to come together “for a better communication and a better understanding of each other.”

Blackshear, 61, has lived in Batavia for about 50 years – he was elected as Batavia High School’s first black “Mayor” back in 1975 – and has expressed his views in the past, always in a dignified manner.

Last night was no different as he appealed to council members to take action to stem what he sees as a growing unrest among youth, especially minorities.

“I am concerned about the rash of crimes committed by people 15 to 19 years old,” he said, specifically mentioning a recent incident where youths threw fluid in the face of a man, causing second-degree burns, and a previous incident where people were accosted by young men.

Blackshear said it’s time for people to “build bridges” to improve relations between the community and law enforcement, and that he welcomes all “feedback, guidance and your prayers.”

He believes that police, city agencies such as Genesee/Orleans Council on Alcoholism and Substance Abuse, parents and others should “establish dialogue to instill pride” in young people and promote programs – such as police ride-alongs and Q&A sessions – to get youths more involved.

“I would hate to see Batavia become another Rochester or Buffalo,” he said. “There is always room for enhancement to adapt to the new challenges that have arisen.”

Council President Eugene Jankowski responded to Blackshear’s plea by requesting Police Chief Shawn Heubusch to work through the Criminal Justice Advisory Council to “start some dialogue and see if there are programs out there.”

Afterward, Blackshear, who said he will be meeting with Assemblyman Stephen Hawley in the near future, elaborated on his views of today’s Batavia. He said is aware of destructive influences from outside the area but also believes there have been incidences of racial profiling.

“I fear that because of their youth that they may be easily manipulated by forces from some of the larger cities – and it is definitely having an impact in Batavia with the rash of crimes as well as a feeling of mistrust for law enforcement and vice versa,” he said.

“I understand that police officers fear for their lives as well, and so we need to establish some sort of dialogue for a better communication and a better understanding of each other through talking and some programs that can be innovative.”

Blackshear, an employee of Goodwill Industries of WNY in Batavia, said that “inclusion” is a way to give young people “a voice that matters.”

“Then they feel more empowered and it gets them to seek alternative means of pride as well as opportunity,” he said. “I’m not saying that it’s necessarily lacking; it’s more of a misunderstanding based upon a lot of elements coming from sources other than the home.”

He said he hopes that “a lot of the things we’ve seen happen … in the larger cities where kids have been shot and harmed because they were mistakenly taken for someone or suspects as far engaging in behavior that seems threatening” doesn’t become part of the fabric of Batavia.

“And vice versa -- police are concerned, too,” he said. “They may feel like everyone is suspect, and that’s not always the case. So we all need to sit down and communicate. Maybe some of these kids can get to know law enforcement and how it works better in order to understand that not everybody is an enemy.”

To make Batavia’s streets safe for everyone, there needs to be accountability on both sides, Blackshear said.

“(Young people) need not be profiled or suspected when they aren’t doing anything or if they are nonviolent (and) they shouldn’t be treated like criminals. There should be accountability on both sides. Kids should know that they’re accountable for their actions and their choices as well as anyone who deals with them. There’s always the accountability factor.”

Photo at top -- Batavian Bill Blackshear spoke at the City Council meeting tonight on the need for outreach to the City's young people.

Batavia City Council President Eugene Jankowski says that a combination of maturity and patience has enabled City Manager Jason Molino to have grown “by leaps and bounds” since he took over as a fledgling administrator in 2006.

“You have to credit the city manager for putting the right people in the right place, and trusting them to do their job,” said Jankowski, a former city police officer who has served as City Council president for the past two years. “Over the last four years, he has grown exponentially – looking at the big picture and making moves today that will have a positive outcome down the road.”

Jankowski said City Council and management have worked as a team to overcome hard times in Batavia, but acknowledged that it hasn’t been an easy road for Molino.

“He started out kind of young and that was a disadvantage in that respect. He was thrust into it and had a lot of ground to make up,” Jankowski said.

Molino made decisions in the late 2000s that were “not popular,” according to Jankowski, who admitted that he did not agree with many of them.

“It was a bad situation; we had to tighten our belt,” he said. “Eventually, there was daylight, thanks to strong budgeting and fiscal responsibility. The past four years, Council has taken more responsibility and now we are in the building stage, with a little room to look toward the future.”

Jankowski said that all of the good things happening today – revitalization of the former Soccio & Della Penna property on Ellicott Street, the JJ Newberry building on Main Street, the $10 million state DRI award, fixing the City Centre Mall situation – have come about as a result of strategic planning and implementation.

“Council made these priorities and Jason has been working on these for several years,” he said. “He has built bridges and through careful planning has made this happen.”

Jankowski said that a true sign of maturity was Molino’s approach to a second DRI application after Batavia lost out in its initial attempt.

“He did his research and modified the second application with a totally different pitch – a total different angle,” he said. “He learned from things that didn’t go so well and made the adjustments to make it work.”

All in all, Jankowski said he was encouraged and excited over the City’s recent good fortune.

“We even were able to buy a $900,000 fire truck, paying in cash, and that is due to Jason’s foresight by keeping the budget trim. Normally, we would have had to take out a bond and pay thousands of dollars in interest over so many years.”

Jankowski said Molino deserves to be acknowledged for hanging tough.

“When things were going bad, he took the heat,” he said. “Now that things have turned around, he should get the credit.” 

Press release:

On Thursday, Oct. 12, the City of Batavia Water Department along with United Memorial Medical Center will be replacing valves on the main water line on Bank Street.

Water service will be interrupted on Bank Street from East Main Street to Washington Avenue. Bank Street will be closed to traffic at 6:30 a.m. from the Mall parking lot to Alva Place until repairs are complete. Please avoid the area if possible.

Every effort will be made to keep water service interruption to a minimum. This work may result in a period of discolored water in this general area after service is restored.

Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted.

Photos taken over last weekend by Steve Ognibene.

According to county Highway Superintendent Tim Hens, the River Street Bridge Project will be completed next month and is scheduled to be open to traffic by Nov. 10th.

Deck concrete is curing now, he said this afternoon, and workers still have the guide rail to put up; gas line has to be attached; and the street/curb repairs near the bridge must be completed.

The contract price is still unchanged from the award at $1,419,581.

Calling it his “dream job,” Batavia native Cody Mulcahy began his career Monday night as a Batavia City Police officer.

The 2010 Batavia High School graduate was sworn in as the department’s newest recruit at last night’s City Council meeting.

Mulcahy, 25, will be attending the Niagara County Law Enforcement Academy at Niagara University over the next several months before embarking upon four months of field training. After that, he will join the Batavia force on road patrols.

“This really is my dream job,” Mulcahy said. “I live in the City of Batavia and it gives me an opportunity to be a positive role model.”

The son of Tim and Pam Mulcahy, he studied at Genesee Community College and Brockport State College, obtaining a degree in Criminal Justice.

Mulcahy is the third resident of Batavia to be enlisted for duty in his hometown in recent months, joining Matthew Dispenza and Ryan Shea.

In other action last night:

-- Council passed a pair of resolutions to accept grants for the police department.

The first is an $11,374 grant from the New York State Governor’s Traffic Safety Committee to fund overtime patrols over the next 12 months designed to increase seat belt usage and reduce dangerous driving behaviors.

“The grant period is Oct. 1, 2017 through Sept. 30, 2018, during which we will set up checkpoints, singular patrols and dedicated patrols – such as Main Street pedestrian safety,” Batavia Police Chief Shawn Heubusch said.

The second grant is for $10,000 from the New York State Division of Criminal Justice Services to offset the purchase of body cameras.

“This was a surprise,” Heubusch said, noting that around $27,000 was spent per last year’s budget on body cameras for officers.

-- Councilman Paul Viele commented on renovations being made at Falleti Ice Arena on Evans Street.

“I would like to thank (DPW Director) Matt (Worth) and (City Manager) Jason (Molino) for the improvements at the rink,” said Viele, who brought several issues to light earlier this year.

Viele ran the meeting in place of President Eugene Jankowski, who, along with Councilman Al McGinnis, was absent.

-- Molino reported that he continues to wait for word about the city’s attempt to receive a $10 million state downtown revitalization grant for the Finger Lakes Region.

Communities in seven of the state’s 10 regions have yet to hear of the results, Molino said. Batavia submitted its proposal about three months ago.

-- Council approved a liquor license for Batavia Brewing Company LLC, which will be opening on Main Street in the near future, and plans for the Alzheimer’s Association WNY Chapter Walk on Sept. 23 and the John Kennedy Intermediate School Color Run on Oct. 21.

At top, Cody Mulcahy is sworn in as a Batavia City Police officer by Deputy Clerk Aimslee Cassidy. Photo by Mike Pettinella.

Press release:

The City of Batavia received notification this week from the International City/County Management Association (ICMA) that it will be recognized for its performance management efforts with a Certificate of Achievement from the ICMA Center for Performance Analytics™.

The Center encourages the use and public reporting of comparative performance in order to foster organizational cultures that deliver results that matter.

Council President Eugene Jankowski Jr. said, “It is wonderful to be recognized for solid transparent decision making. Making sure the public has access to information we use to make decisions allows everyone to monitor how the City does its business.”

The City regularly updates its Strategic Plan outcomes and performance management system on the City’s website at: http://www.batavianewyork.com/sites/bataviany/files/u151/2016-17_final.pdf.

In addition to being recognized, the City of Batavia’s Employee Engagement Survey is highlighted as a leading practice among certificate recipients.

According to Assistant City Manager Gretchen DiFante, who led the employee survey efforts, “The survey for which we got an 86-percent return rate served as the foundation of our formal leadership initiative, which kicked off in 2015. Trust is at the foundation of leadership, and we are proud that our employees from every department participated in sharing their perceptions of Leadership across the organization.

“We’ll be re-surveying every three years to gauge improvement and stay on track.”

The survey can be found on the ICMA website https://icma.org/node/93855.

“Performance management is a bedrock principle of professional local government management,” ICMA Executive Director Marc A. Ott said. “By recognizing these leaders, ICMA hopes to encourage others to make a commitment to collect and analyze data, report it transparently, and use it to continuously engage their communities and improve their organizations.”

Performance management aids in cost reduction, program prioritization, and quality improvement. It also encourages accountability and transparency. Certificates are based on established criteria and are awarded at three levels: Achievement, Distinction, and the highest level of recognition, Excellence.

Recipients at all levels collect and verify data to ensure reliability, train staff in performance measurement, and report data to the public through budgets, newsletters, and/or information provided to elected officials. Batavia is among 19 jurisdictions receiving the Certificate of Achievement, and one of 57 recognized overall, and only the second in the State of New York to receive this type of recognition. 

The City of Batavia is "ready to roll" out its presentation to a selection committee after receiving the news that it, once again, has reached the finalist stage in an Empire State Development Downtown Revitalization Initiative competition.

"We're ready to roll," said City Manager Jason Molino this morning, revealing that five city leaders will be representing Batavia on Thursday afternoon in downtown Rochester. "We will make a half-hour presentation, followed by 15 minutes of questions."

Molino said Batavia's presentation will focus on the 88-acre Business Improvement District in three distinct categories:

• Arts, culture & entertainment.

• Healthy living & wellness.

• Prosperity for all.

"It's all about creativity and innovation ... ways to enhance the quality of life," he said.

Molino said the fact that the city has just come through a 15-month Comprehensive Planning process should bolster its chances.

"We had a lot of community input during this time, which has helped develop our process," he said.

At Thursday's interview, Molino will be joined by City Council President Eugene Jankowski, BID Director Beth Kemp, City School Board President Patrick Burk and Batavia Development Corporation Coordinator Julie Pacatte.

Molino said he wasn't aware of what other three cities are finalists but did say that officials of those communities also would be presenting on Thursday.

Word that Batavia is one of four finalists spread quickly this morning. The Batavian found out via a message on Twitter this from City Councilman Adam Tabelski, 

"This is certainly great news for the community -- to be a finalist again," Tabelski said..

City officials filed the formal application for the $10 million award last week.

In 2016, the City of Batavia was a finalist from the Finger Lakes Region but eventually lost out to Geneva.

The proverbial “cupboard” is bare.

That’s the view of City Manager Jason Molino, who, in a letter dated April 10, 2017 and obtained by The Batavian in a FOIL request, indicated to the president of the Mall Merchants Association that the group has run out of money.

“Aside from prior year concerns, the Association’s cash position for the current fiscal year is at a deficit,” Molino wrote. “On April 5^th, the City recorded a payroll and payroll taxes transfer for the Association in the amount of $3,285.43. However, mail maintenance fees and revenue to date have only totaled $2,170.67. Therefore, the current cash position for the Association is a deficit of $1,114.76.”

The prior year concerns referred to by Molino are what he estimates as $18,000 in attorney fees and material costs expected to come in for February and March of this year.

“The estimate was based on prior year expenditures and the average of material costs from November through January,” he wrote.

Molino went on to state that the City needs cost summaries for services provided in February and March before it can complete its pre-audit preparation work and “make final payments with remaining cash balances for the prior year.”

Per the 1987 Settlement Agreement between the City and the Mall Merchants Association, the City is required to maintain all Association billing and accounting activities, with the Association’s funds subject to the City’s annual audit.

Molino’s letter paints a bleak picture in terms of the Association’s finances, and could further complicate the parties’ quest to ratify a proposed 11-point settlement framework released to the public in February.

At that time, Molino outlined a “settlement framework” for the City and Mall Merchants Association to end their lengthy dispute over maintenance and operation of the City Centre Mall.

That proposal calls for the City to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements and take care of mall maintenance and operations.

City Council signed off on the plan and expected the merchants to do the same.

Since then, an attorney for the merchants said the Association would not be agreeing to any settlement that didn’t grant easements for pedestrian and vehicle traffic for each property owner in the mall, and also accused the city of trying to force a settlement by “hoarding” nine foreclosed properties and refusing to pay maintenance fees.

Robert Chiarmonte, president of the Mall Merchants Association, reportedly is out of the area until Tuesday and could not be reached for comment.

However, Madeline Bialkowski, director of the mall, said today that Molino is misrepresenting the Association’s account by exaggerating the attorney fees and material costs for February and March.

“All of our actual bills are supposed to be turned in by next week, and we are asking our attorneys to get us their billing,” she said. “Actual bills will be much less than estimated. There won’t be a deficit once these bills come in.”

Bialkowski added some merchants have made their mall maintenance fees’ payment in advance and that she and her staff of three part-time employees are being paid.

According to documents obtained by The Batavian last month through a FOIL request, the merchants have paid their attorneys $212,056 since starting the litigation against the city in 2009.

When asked if he wanted to be a firefighter since he was a little kid, Stefano “Steve” Napolitano wasted no time in responding.

“One hundred percent correct,” he said. “When I was 6 years old, my uncle John – we lived in Long Island then – took me to the fire station where he worked and when I saw those giant, red fire trucks, I said, ‘Oh, my God.’ Ever since then,

I wanted to be a firefighter.”

Napolitano’s dream came true at the tender age of 18 when he was accepted as a volunteer firefighter with the Frankfort fire company, and he progressed through the ranks to become the deputy fire chief for the Village of Herkimer.

In less than a month, April 17^th to be exact, he will continue his firefighting journey when he begins his tenure as chief of the City of Batavia Fire Department.

“There is a renaissance that is taking place (in Batavia) and a quality of life improvement, and as far as public safety is concerned we want to enhance that to continue to attract industry and mom-and-pop businesses,” he said.

Napolitano, a Queens native who has lived in the Mohawk Valley for about 45 of his 50 years (he turned 50 on March 13^th), said he appreciated the thorough process that resulted in his hiring by City Manager Jason Molino.

“It has been a long process; we started in September of last year,” he said. “They did an outstanding job of vetting people, and by the grace of God, I was fortunate enough to be chosen. I look forward to working with an outstanding group of individuals in the fire department and those who are part of the executive team.”

Napolitano sees himself as a “boots on the ground-type firefighter” but he also has continually taken steps to educate himself on the finer points of firefighting.

A mechanical engineer by trade, he has used his expertise to design fire trucks, consult on fire equipment and coordinate major projects. He said he has spent hundreds of hours in classroom training en route to becoming a certified code enforcement officer and state fire instructor.

His varied background – he’s been with the Herkimer fire department for 25 years -- also includes a stint as deputy director the Herkimer County Office of Emergency Services from 2008-2015, where he assisted with local disaster and emergency management plans, the county 9-1-1 dispatch communication center and the administration of the county’s mutual aid plan, mutual aid radio system and state fire training.

In 1996, he founded Advanced Technologies, a company that served as a regional fire equipment distributor offering quality products at fair market prices. He recently sold it to Herkimer Industries, a divison of the Herkimer ARC, a nonprofit agency servicing those with disabilities and special needs. Napolitano continues to serve as a consultant to company officials.

Calling his hiring “a promotion in so many ways,” Napolitano said he looks forward to meeting the 40 or so members of the Batavia department and “coming in to enhance the great things they are already doing.”

“Just look at the department’s Facebook page and you can see how much they are involved in community service projects,” he said.

He also credited Dan Herberger, who had been serving as interim chief, for doing an “outstanding job.”

Napolitano leaves behind a chief and co-workers in Herkimer who have nothing but respect for his knowledge, ability and positive outlook.

“Steve is very well regarded, and very knowledgeable in apparatus, as a state fire inspector, an EMT and deputy chief,” said Herkimer Fire Chief John Stanfelner.

“He was one of my go-to people. I’ve always said that I don’t know everything, so I go to the people who do know. If you ask him a question, he will give you the right answer or do what it takes to give you the answer.”

Napolitano said he is working with a couple of real estate agents to find a place to live in Batavia.

He has two children – a daughter, Alyssa, who just took a job at Oswego State College, and a son, Steve, a third-year student at St. Lawrence University in Canton.

And, by the way, he said to the best of his knowledge he is not related to former Secretary of Homeland Security Janet Napolitano or Fox News TV personality Judge Andrew Napolitano.

An agreement between the City of Batavia and the City Centre Mall Merchants Association -- outlined by an 11-point "settlement framework" that calls for the city to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements and take care of mall maintenance and operations -- will provide the impetus for private investment in one of the city's priority areas, said City Manager Jason Molino at Monday night's City Council meeting.

"The mall is a major part of our downtown, we can't ignore that," Molino said. "This is an opportunity to facilitate and lead cooperative and successful partnerships ... and lead new development and investment in our downtown."

"For long-term investment in the mall and the 17-acre area around it, this is the best-case scenario," Molino said. "We're looking at a project with at least a $5 million value."

The settlement comes after a decade of lawsuits by both sides over responsibility for the City Centre Mall. Per its terms, all previous agreements -- which have been clouded by four rounds of litigation since the late 1970s -- will be terminated and become null and void.

Additionally, the city will:

-- Retain ownership of the concourse;
-- Complete roof, silos and skylight capital improvements (estimated at $650,000) no later than March 31, 2020;
-- Pay 100 percent of capital improvements, with future capital improvements paid by all property owners with revenue from a user fee (which would replace the current mall maintenance fee);
-- Perform mall maintenance and operations (coordinated by the Department of Public Works and Batavia Development Corp., respectively, with the latter focusing on marketing and redevelopment strategies);
-- Establish a user fee by local law based on square footage for property maintenance fee;
-- Continue to maintain budgeting and accounting;
-- Charge single-parcel owners who own more than 11,500 square feet the set user fee at 11,500 square feet;
-- Set the user fee at $2 per square foot for years one, two and three; $2.04 per square foot for year four, and $2.06 per square foot for year five. After year five, the fee will be based on the projected budget.
-- Eliminate all parking restrictions in city parking lots, with the city to restripe in 2017;
-- Turn over the fund balance as of March 31 to the Merchants, with the Merchants returning any fund balance to the city on April 1, 2022.

Molino, who along with City Attorney George Van Nest presented the plan to Council, said terms of execution of the settlement will be presented to City Council and the full membership of the Mall Merchants Association for approval later this month (at the next Council meeting on Feb. 27).

The settlement agreement must be ratified and executed by City Council, the Mall Merchants Association, parcel owners and JCPenney, and in the event that any parcel owner or JCPenney refuses to sign the agreement with 10 days of approval, both parties shall support an application to the court by motion or Order to Show Cause to gain approval of the settlement or have the agreement ordered.

"All must sign off on past agreements and sign the new agreement," Molino said. "Until then, these cases (pending litigation) are still open."

Molino said both parties have been meeting over the past 18 months, with a mediator playing a significant role in forging this settlement agreement and putting an end to suits and countersuits, claims and counter-claims over which party is responsible for maintaining the mall concourse and capital improvements, including the perennially leaky roof.

During negotiations, three other solutions were considered, Molino said. They were (1) having a private developer buy the mall; (2) having the Mall Merchants Association buy the mall concourse at fair market value, and (3) having the city lease the concourse to the merchants for fair market value.

All three were "taken off the table" as restrictions in the current agreements would render those options as not feasible from a financial standpoint, Molino said.

Pier Cipollone, president of the Batavia Development Corp. Board of Directors, said the settlement "opens up future discussions" by removing the prior agreement and its restrictions -- and "paves the way to bring developers in and gain ideas as to what they would want to do with the mall."

He said he would like to see retail, such as boutique stores, T-shirt shops ... anything where somebody could come in and buy something and walk out the door. What we have now is a mix of retail and medical, and the mall was never designed for the medical world. We need foot traffic downtown."

City of Batavia leaders are exploring the possibility of receiving up to $100,000 in grant funding through the New York State Energy Research and Development Authority’s Clean Energy Communities Program.

Public Works Director Matt Worth, Maintenance Superintendent Ray Tourt, Waste & Wastewater Superintendent Jim Ficarella and City Council members Adam Tabelski and Rose Mary Christian attended an hour-long presentation Monday night to learn the ins-and-outs of the program, which recognizes and rewards local governments for implementing a clean energy strategy.

The CECP is a $16 million statewide initiative to help municipalities reduce energy consumption and drive clean energy use, said David S. Zorn, executive director of the nine-county Genesee/Finger Lakes Regional Planning Council and regional program coordinator.

Of that $16 million, $1.7 million in grants has been allocated to communities in the Genesee/Finger Lakes Region that achieve “Clean Energy” status.

Local governments that achieve at least four of 10 “high-impact actions” will earn CEC designation and then be eligible to access the grant funding, Zorn said.

“We will provide the resources and technical assistance to help local governments take action that could result in significant money saved at the municipal level, and also create jobs and improve the environment,” he said. “And we’re not just throwing a manual to you or giving you a link to a website. We actually have people in our office to assist you.”

Zorn outlined the 10 high-impact actions during his presentation at City Centre Council Chambers.

He said that Batavia, as a city, would be able to choose any of the 10 in its effort to obtain a grant for small/medium populations (under 39,999 people). He said that four $100,000 grants and 10 $50,000 grants will be awarded to communities in that population range in the Genesee/Finger Lakes Region -- and no local match would be required.

For large population centers (40,000 and over), NYSERDA will be awarding two grants of $250,000, and two grants of $150,000.

The 10 high-impact actions are as follows:

-- Benchmarking: Using the EPA (Environmental Protection Agency) portfolio manager software, the community reports the energy use of municipal buildings to the public on an annual basis.

-- Clean Energy Upgrades: The municipality must achieve a 10-percent reduction in the greenhouse gas emissions from its buildings through upgrades and renewable energy.

-- LED Street Lights: One of the “poster children” of the program, according to Zorn, this action item requires the locality to convert at least half of its cobra head-style street lights to energy-efficient LED technology.

-- Clean Fleets: Communities must install an EV charging station and/or other alternative fuel infrastructure OR deploy alternative fuel vehicles in the municipal fleet. In the case of the LED street lights and clean fleets, the NYS Power Authority offers low-interest financing and assessment assistance, Zorn noted.

-- Solarize: This is a campaign where communities or a third-party facilitator oversee at least 10 residential or small business rooftop solar installations. Zorn said discounts as well as state and federal tax incentives apply to these types of projects.

-- Unified Solar Permit: Municipalities pass legislation to adopt the NYS Unified Solar Permit to reduce costs and delays for solar projects.

-- Energy Code Enforcement Training: A one-on-one training for the community’s code enforcement officer and two other employees, this action results in “best practices” code enforcement by focusing on collaborative plan reviews and joint inspections of local construction projects.

-- Climate Smart Communities Certification: Localities can earn bronze, silver or gold designation by complying with this comprehensive rating system. Zorn said that 11 communities in Genesee/Finger Lakes have made this pledge, with the City of Rochester already achieving certification.

-- Community Choice Aggregation: A type of “bulk buying” program, this action item gives municipalities the opportunity to transition to alternative energy sources by enlisting residents and business owners to purchase energy at lower prices.

-- Energize NY Finance: An option for cities and counties only, this allows commercial or nonprofit property owners to pay back the cost of clean energy upgrades to their buildings through a special charge on their property tax bills.

Zorn said that the CECP has been going since last summer and thus far more than 50 municipalities in this region have been advised of the program.

“But nobody has gotten to four (high-impact actions) yet,” he said.

Tabelski and Christian said they will report on the CECP at the next City Council meeting, which is scheduled for Feb. 13.

“We’re looking at all aspects of the program,” Tabelski said. “We can’t cross any of these things off the list. We need to see how we can apply them to the city.”

Zorn said his agency is promoting a webinar series through next month and will be sponsoring workshops in May. For information about the webinars, click here.

Photo -- David Zorn informs City of Batavia officials about the finer points of the Clean Energy Communities Program on Monday night. Photo by Mike Pettinella.

The City of Batavia and the Village of Perry are among the beneficiaries of the latest round of Restore New York Communities Initiative money designed to reinvigorate downtowns and generate economic opportunity in communities throughout the state.

According to a press release issued by Gov. Andrew Cuomo’s office, funds in the amount of $500,000 each have been allocated to Batavia for demolition, remediation and rehabilitation of the former Ellicott Station to create a mixed-use facility, and to Perry for the Restore Downtown Perry Project.

City Manager Jason Molino said the award reinforces the strides Batavia has made in the area of redevelopment in recent months.

“This affirms the state’s commitment to the City of Batavia and belief in what we’re trying to do here,” Molino said. “This makes a total of $2.4 million that the state has invested into the city.”

In December, the state awarded a $1.9 million Consolidated Funding Application grant by the Finger Lakes Regional Development Council for the Ellicott Station project -- a $17 million renovation and redevelopment of the former Santy’s Tire Shop and Soccio & Della Penna Construction site on Ellicott Street into a retail/commercial/residential complex.

Molino said that remediation work is “already in motion” between the Batavia Development Corp. and Buffalo developer Samuel Savarino, and he expects construction to begin this year.

As far as the Restore New York Communities Initiative is concerned, nearly $40 million was awarded to 75 municipalities through Round 4 of the program, which was enacted in the 2016 fiscal year budget and designated to Empire State Development for implementation.

For Round 4, cities, towns and villages were all eligible to apply for support for projects that include demolition, deconstruction, rehabilitation or reconstruction of vacant, abandoned, condemned and surplus properties.

For a full list of projects, go to <https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/RestoreNYFundingList.pdf>.

Frank Falleti, owner of Falleti Motors on Ellicott Street Road and father of two boys who play in the Genesee Amateur Hockey Association, said he and his family want the Falleti Ice Arena to be a recreational facility the city can be proud of but the management side of the operation is out of his hands.

“We own the naming rights only, but have nothing to do with the operation,” Falleti said today in response to an article in The Batavian posted following Monday night’s City Council meeting. “The rink is managed by an out-of-state management company (Firland Management).”

At last night’s meeting, Councilman Paul Viele pointed out deteriorating conditions of the Evans Street rink’s locker rooms, backing his claims with photos that accompanied the article.

“The locker rooms are disgusting … as a city we should be ashamed of ourselves to let it go this much,” Viele said at the meeting. “We need to help the rink management to get them where they need to be.”

Since then, Falleti said he has received more than three dozen calls from people who are pointing the finger at him.

“People think it’s me. It’s not me,” he said. “But I will help where I can. When the Zamboni broke down, I helped get it fixed.”

Furthermore, Falleti said that he would be interested in purchasing and managing the ice arena should it become available – preferably if the adjacent City of Batavia fire headquarters moved to a new location.

“If they (the city) put all the amenities in one place – fire and police – and if we came to an agreement with the city, I think we could go in there and do a good job managing it,” he said, adding that he envisions a pro shop, separate locker rooms for males and females and a restaurant.

Falleti said he had a brief discussion with City Manager Jason Molino about buying the rink, but nothing concrete.

Molino, when asked if selling the ice rink was an option, said that could be a possibility, especially in light of the city’s multimillion dollar plan to redevelop that entire area to include another recreation facility (see architect’s rendering above).

“The city has been open to this option as long as it is part of our BOA (Brownfield Opportunity Area) redevelopment plans,” Molino said. “That plan outlines that area as the Creek Park redevelopment which is one of the most underutilized assets in the city.”

The city manager said the Creek Park area takes advantage of the incoming Ellicott Trail (bicycle/walking path) to be constructed this year and connects with the ice arena, an additional recreational amenity (such as another ice rink or indoor soccer field) and new housing while reorganizing wasted space into new green space.

“The proposed budget includes funding for the BDC to specifically work on preparing this site for redevelopment as it is one of our five strategic priority sites,” he said.

As far as the current state of affairs at the ice rink, Molino said there is $183,000 in the facility’s reserve account – money from lease, debt service and operational payments from Firland – which could be tapped into to correct some of the deficiencies.

“This facility is important to the community and we want it to remain a quality asset,” he said. “It brings a lot of visitors into the community.”

Molino said he will be setting up a meeting of the parties involved.

“Some of the problems stem from maintenance and operations, and that is Firland’s responsibility, and if capital improvements are needed, that is on our end, and we should discuss that as well.”

Architect’s rendering – The proposed Creek Park redevelopment shows a new recreational facility (front left) and a housing complex (left, rear) in addition to the current buildings along Evans Street. The Genesee County Courthouse Facility can be seen at right.

A 4.6-mile, east-west pedestrian and bicycle path known as the Ellicott Trail is at the halfway point to completion, according to the coordinator of the $1.7-million venture that will traverse through roads, parks, wetlands and abandoned railway beds in the Town and City of Batavia.

Speaking at a public information meeting on Tuesday night at the City Centre Council Chambers, Thomas Lichtenthal Jr., Town of Batavia highway superintendent and assistant engineer, said the project is on schedule.

“We hope to be on the path (pun intended) by late summer or early fall of next year,” Lichtenthal (in photo at top) said to about two dozen people in attendance. “And we’d like to see it finished before Christmas, hopefully by Thanksgiving.”

Lichtenthal’s presentation took the audience from one end of the trail to the other, pointing out specific tasks that need to be done at various points. The trail’s eastern entrance will be on Seven Springs Road, near the new Oakwood Hills subdivision, and its western entrance will be on Pearl Street Road, in the vicinity of River Street.

In between, it will pass over a refurbished existing bridge over the CSX railway off of East Main Street Road, wind its way through DeWitt Park off Cedar Street (where a “boardwalk” will move bikers and walkers over wetlands there), move on to Lions Park and Elmwood Cemetery, travel down Ellicott Street Road, behind the proposed Ellicott Station development, across a new trail bridge on Walnut Street over the Tonawanda Creek, and past Williams Park to Pearl Street Road.

But before all that can happen, construction crews have much dirt to move and concrete to pour as plans include the construction of a 10-foot wide stone dust trail on the off-road sections and a 10-foot wide sidewalk on the road sections.

Furthermore, right-of-way agreements (easements) with owners of about 16 private properties that are affected by the trail need to be signed, Lichtenthal noted.

“We are talking to property owners, and letting them know what needs to be done,” he said. “All right-of-way owners (and several of them were at the meeting) are on board with the project at this point.”

The Town of Batavia is acting as lead agency for the project, which is being funded for the most part – 80 percent -- by a New York State Department of Transportation grant. The Town of Batavia and City of Batavia are contributing 10 percent each.

A Municipal Facility Grant of $250,000 acquired through the efforts of Sen. Michael Ranzenhofer will pay for the new bridge on Walnut Street, Lichtenthal said, while a portion of funds from a Genesee County Parks Department capital project will pay for the boardwalk at DeWitt Park.

Lichtenthal said the trail will be populated by sidewalk way-finding signs and bicycle route signs, and will be open only during daylight hours – dawn to dusk.

He said providing clear directions and making sure those who use the trail are safe are priorities. He and Matthew Worth, director of public works for the City of Batavia, are working together on the signage details.

“With the on-road segments, the big thing with that is going to be way-finding – to let the people know that if you’re on the trail, you’re on the trail, and to be able to follow that trail all the way through the city so that you don’t get lost as you’re making your way from one end to the other,” he said.

City Councilwoman Rose Mary Christian said she was in favor of the project but was concerned about the safety of pedestrians and bikers, especially those who may be in need of help.

Lichtenthal and Worth responded by stating that fire, medical and police vehicles will be able to drive on the trail – except over the Walnut Street bridge – and that city police will employ their bicycle patrols during the spring and summer months. Otherwise, no motor vehicles will be allowed on the trail.

An Edward Street resident said parking and traffic in his neighborhood when Batavia Youth Football League games are being played at Lions Park would make it tough on those using the trail. Worth said city and football officials are talking about relocating the games to a “more suitable” location.

The trail’s main purpose, in Lichtenthal’s view, is to provide an alternative mode of transportation for those wanting to go shopping or enjoy time at city parks.

“Or you can use this as a physical exercise trail … you’ve got 4.6 miles,” he said. “If you go from one end to the other, you’ve got nine miles available for walking and physical fitness.”

He said the primary challenges deal with the off-road sections.

“They’re old, abandoned railroads that haven’t been maintained (and) there’s a lot of tree growth, culverts; there’s all kinds of stuff on those off-road sections that we need to improve those to make this … an off-road experience that’s pleasurable,” he noted.

For Jacob Bodway, a city resident affiliated with the WNY Mountain Biking Association, the Ellicott Trail project is a key tool in attracting Millennials to Batavia.

“If you want to draw young professionals to a community, this is a way to do it,” he said, adding that future plans to extend the trail to Le Roy and also further west will result in people from outside the area coming to use it.

With two of eight milestones on the project timetable in the books (stakeholder meeting and public meeting), the next steps are the submission of the trail’s reevaluation statement by Dec. 9 and advanced detail plans by Jan. 6. Final plans are scheduled to be submitted by February and right-of-way acquisitions completed by March. Bidding on construction is set to take place in April, with work starting in June.

Press release:

Over the past several months, the Deer Management Committee has met and discussed how to best obtain information from the community in connection with the deer population.

As a result, a survey has been created to gauge the public’s interest in the topic and opinions regarding the local deer population. The committee would like you to participate and provide feedback on actual issues surrounding the deer population in our community.

There will be several ways to obtain the Deer Management Survey. The survey will be available on the City website: https://www.surveymonkey.com/r/3NRD7Z3 or a hard copy of the survey may be obtained at the City Clerk’s Office, City Manager’s office, Richmond Memorial Library or Senior Center.

Please complete and return all survey’s to the City Manager’s Office, One Batavia City Centre (City Hall) no later than Nov. 16.

If you have any questions or concerns about the survey please feel free to contact Jason Molino, City Manager at 345-6330 or jmolino@batavianewyork.com

Survey questions include:

-- Have you experienced landscape or garden damage from deer -- and how would you describe it?
-- Have you tried any of the following deer management methods (it lists several methods) -- and have they been effective?
-- Have you or anyone in your immediate family hit a deer with a motor vehicle in the City of Batavia?
-- Are you concerned about tick-borne diseases transmitted by deer?

Effective planning by management and staff -- reinforced by votes from City Council -- has enabled the City of Batavia to realize $7 million in infrastructure improvements in recent months, according to the person responsible for oversight of such major projects.

Outside construction firms and city workers have been extremely busy over the past year "and it's still going," said Matt Worth, Department of Public Works superintendent, (photo at right), during an interview at his City Centre first-floor office on Friday.

In all, residents from various parts of the municipality have witnessed (and have been inconvenienced by, to a certain extent) street reconstruction; water main, sewer system and sidewalk installations; and extensive paving as part of the city's long-term goal to update its infrastructure.

"A few years back, we put together a capital plan with a (viable) rate structure," Worth said. "But this only happens if City Council is supportive of it. And as far as sidewalk replacement goes, Council has been very supportive."

Promoted to DPW superintendent in July 2015, Worth is in his 30th year with the City of Batavia. He leads a department that has 50 employees, including 21 in the water/sewer bureau and 24 in maintenance. Four people run the inspection bureau and DPW has two administrative assistants.

On Friday, Worth provided summations of the current projects, the most extensive being the nearly finished reconstruction of Summit Street in the heart of the city and the ongoing alum sludge removal at the wastewater treatment plant on Industrial Boulevard, off Pearl Street.

SUMMIT STREET RECONSTRUCTION

A $2.5 million project that started about four months ago will see "substantial completion" by the end of this month, Worth said.

"All of the curb is in, the eastside sidewalk is complete and they're working on the westside sidewalk now," he said. "After that, the trees will go in."

Independent construction companies under the guidance of Rochester engineering firm of Erdman Anthony removed the old road, put in new storm, sewer and drainage systems, and paved the road. Federal and state funds covered all but about $100,000 of the price tag for this project, with the city picking up the rest.

At the same time, the city totally funded a $350,000 project to install new water main on Summit Street.

Worth credited his predecessor, Sally Kuzon, for her role in getting funding for the project, and noted that it was less expensive to include the water main component at the same time "rather than on its own."

"We could have broken it up into two or three projects, but we decided to do it once," he said. "That way it was disruptive for just one summer. I'm sure these people will be glad to see us go, but hopefully they will be happy with the finished product."

When asked about the status of Summit Street, north of North Street leading into the United Memorial Medical Center campus, Worth said that portion of the street was not included in this project, and much-needed work there is "up in the air" (subject to negotiations with the hospital).

WASHINGTON AVENUE SEWER

Another project that started in June -- replacement of about 2,330 feet of sanitary sewer main on portions of Washington Avenue, Jefferson Avenue and State Street and the resurfacing of Washington Avenue -- will be wrapping up next week, Worth said, adding that State Street from Washington to North would be open to traffic by the end of the day Friday.

The $1.3 million endeavor was paid for by city sewer funds and (the paving portion) by a CHIPs (Consolidated Local Street and Highway Improvement Program) grant.

WASTEWATER PLANT ALUM SLUDGE

The removal of alum sludge from the wastewater treatment plant is going so well that Worth will be recommending continuation of the program -- at a cost of an additional $400,000 -- at Tuesday's (Oct. 11) City Council meeting.  This would raise the total expense to $1.9 million, which is still less than the $2.3 million that was budgeted, Worth said.

Fifteen percent of the cost is paid by the Town of Batavia, which is part owner of the facility, with the majority funded from the city's sewer account.

The project entails removing sludge caused by the alum that is used to rid the pond of phoshorus. Worth said that the sludge has accumulated over 25 years, but the current removal process will last for another quarter of a century.

SIDEWALK REPLACEMENT, STREET RESURFACING

The city is spending about $600,000 and much of the work is being done by city crews, to replace sidewalks and resurface roadways on the southside streets of Wood Street, Cherry Street, Pringle Avenue, Highland Park, Central Avenue and South Main Street.

"Our strategy was to combine the sidewalk and paving into one, concentrating on one dedicated neighborhood for more significant impact," Worth said.

City crews also paved a parking lot at Kibbe Park.

LOOKING AHEAD

Worth said that projects for 2017 include the Healthy Schools sidewalk initiative that will see new sidewalks along Washington Avenue, Tracy Avenue and Liberty Street (funded at a 75 percent federal/25 percent city split), sewer and water main work along Elm Street, Vine Street and Chase Park, electrical improvements at city pump stations, and a tree management plan (funded by a grant of $15,000 from the state Department of Environmental Conservation).

"We will be working with a consultant from Geneva on a comprehensive plan for trees on city-owned right-of-ways and city parks," Worth said. "We have found we have an overabundance of maple trees, so in the future we will be planting other types of trees."

Press release:

The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announced that the City of Batavia, New York has received the GFOA's Distinguished Budget Presentation Award for its budget.

The award represents a signficant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of government budgeting. In order to receive the award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as:

• a policy document;
• a financial plan;
• an operations guide;
• and a communications device.

Budget documents must be rated "proficient" in all four categories, and the 14 mandatory criteria within those categories, to receive the award.

When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to City Manager Jason Molino.

For budgets beginning in 2015, approximately 1,550 participants received the award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America.

The Government Finance Officers Association is a major professional association servicing the needs of approximately 18,700 appointed and elected local, state, and provencial-level government officials and other finance practitioners. It provides top-quality publications, training programs, services, and products designed to enhance the skills and performance of those responsible for government finance policy and management.

The association is headquartered in Chicago, with offices in Washington, D.C. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting.

 

Press release from the city Bureau of Maintenance:

The city Yard Waste Station will open for the season on Tuesday, April 12. It will be open from noon to 6 p.m. Monday through Saturday.

City residents are requested to bring all yard waste material (grass, leaves and limbs) to the Law Street Yard Waste Station as there is no spirng curbside pickup of these materials.

No building materials or other debris will be accepted.

Please use Law Street to enter and exit the city Yard Waste Station.

The City of Batavia is holding an online NetAuction for heavy equipment starting at 6 p.m. on Wednesday, April 6. It ends on April 13. 

All equipment sells AS IS and buyers must rely upon their own inspection prior to bidding. The auction is being run by RTI Auctions, Roy Teitsworth, Inc., phone is (585) 243-1563.

Here's the link with photos and information about the items to be auctioned:

They are:

• 2005 Chevrolet 4WD Tahoe, odometer reads 123,691 miles, gas engine, automatic transmission, power windows, locks and mirrors, air conditioning, center console missing, vinyl seats and floors, some scratches, paint chips, dents and rust.
• 1998 Chevrolet 2500 4WD regular cab pickup, odometer reads 87,824 miles, gas engine, automatic transmission, sells with Meyer plow, currently not working, vehicle runs and drives but has significant rust.
• 2001 Jeep Cherokee 4WD Sport, odometer reads 63,498 miles, 6-cylinder gas engine, automatic transmission, power windows and locks, power mirrors, air conditioning, truck runs and drives, some rust and scratches.
• 1992 IH 2674 Tandem Axle dump, odometer not working, true mileage unknown, estimated 100,000 miles, hour meter reads 8,599, Cummins N14, 330 HP, Fuller 8LL transmission, cracks in cross members, one flat inner dual tire, sells with plow and wing.
• 1990 IH Paystar 5000 equipped with Galbreath 50,000-lb. roll-off body, odometer reads 76,527 miles, Cummins NTC 350 diesel engine, Fuller 8LL transmission, needs batteries, brakes, air compressor problem -- won't build air, truck does run.
• 1999 Homemade tandem-axle trailer. Homemade trailer.
• 100 hydraulic reel and electric hydraulic pump for Hurst hydraulics. No tools, working condition.