city council

The Batavia City Council tonight voted to schedule three public hearings for 7 p.m. Feb. 24 dealing with the 2020-21 budget ordinance, including a resolution introducing a local law to override the state’s property tax cap.

The tax cap has become an issue in light of the possibility that the municipality could lose more than $440,000 in Video Lottery Terminal money from Batavia Downs Gaming as proposed in Gov. Andrew Cuomo’s tentative state budget.

City leaders are considering a 7.5 percent property tax increase (much greater that the 0.97 percent increase that was part of City Manager Martin Moore's original budget) along with spending cuts to close a projected $700,000 gap.

If adopted, the tax rate would go from $8.92 to $9.60 per thousand assessed valuation.

The other public hearings are on the budget itself – a $17.8 million general fund spending plan – and to establish new water rates (3.5 percent increase), meter fees (66 cents per quarter increase) and capital improvement fees.

Watch for more details on the discussion over the VLT and tax cap issues on Tuesday.

In other action, Council passed the following resolutions:

-- Adoption of the Genesee County 2019 Hazard Mitigation Plan to serve as the City’s Hazard Mitigation Plan, a measure that would permit the City to receive federal pre-disaster mitigation funds.

-- Acceptance of a $25,481 STOP-DWI grant from Genesee County to be utilized throughout the year and a $22,500 with LaBella Associates of Rochester to facilitate the acceptance of a $300,000 New York Main Street grant as a match for private investments to undertake proposed building improvements within the Batavia Business Improvement District.

-- Sale of a 12- by 50-foot parcel of property next to Eli Fish Brewery Co. in Jackson Square for the company to expand their offerings to include outdoor dining. The sale price was $840.

-- Appointments of Lois Gerace to the Board of Assessment Review, and Council members Rose Mary Christian and Paul Viele as marriage officers to have the authority to perform wedding ceremonies.

Photo: City Council President Eugene Jankowski reads a proclamation commending retired Assistant Police Chief Todd Crossett for his 21 years of "dedicated service" and for being a "positive role model." Crossett said it always was his dream to be able to serve in law enforcement in his hometown, stating that it was an "honor and a pleasure" to be a part of the Batavia City Police Department. Photo by Mike Pettinella.

Faced with the possibility of losing out on more than $400,000 annually from Video Lottery Terminal revenue generated by Batavia Downs Gaming, the Batavia City Council has called a Special Conference Meeting at 7 tonight to consider an additional property tax increase in its 2020-21 budget.

A memo dated Feb. 5, 2020 from City Manager Martin Moore to City Council undoubtedly will trigger strong debate among Council members during their meeting at City Hall.

The regular Business Meeting that includes the setting of public hearings on Feb. 24 for the budget ordinance as well as water rates, meter fees and capital improvement fees is scheduled after the Conference Meeting.

Moore’s memo suggests that Council needs to “come up with a combination of $700,000 in cost savings and revenues to pass a sustainable budget” by reducing expenses by $350,000 and increasing the property tax levy by $350,000 from the currently proposed levels.

Doing this would require an override of the state-imposed property tax cap, which also is subject to a public hearing (that would be slated for Feb. 24).

Moore’s original proposed budget lists a tax rate increase of 0.97 percent (below the property tax cap) -- $8.92 per thousand of assessed valuation last fiscal year to $9.01 per thousand.

The revised proposal would raise the tax rate to $9.60 per $1,000 of taxable assessed value – a jump of 7.5 percent.

Originally, Moore recommended, along with the 0.97 tax levy increase, the following:

-- Using $259,100 in General unassigned funds;
-- Using $225,000 in Water unassigned funds:
-- Transferring $257,400 in unassigned funds from workers’ compensation into the General fund;
-- Reducing funding requests by $500,000 (vehicles, new positions to cover bail and discovery law requirements, capital project and equipment reserves, travel costs, etc.).

With Gov. Cuomo’s proposed budget calling for the elimination of VLT money to municipalities, the outlook has changed dramatically, Moore contends.

Moore’s memo states that after an extensive review of past City budgets, his original recommendation for the use of $257,540 unallocated cash from workers’ comp is “unsustainable.”

Toward that end, he writes that his new proposal of balancing the $700,000 burden equally between expenses and revenues “retains our ability to accomplish the following”:

-- Maintain a high credit rating and keeping the tax rate below $10;
-- Cover unexpected budget cost overruns and emergency purchases;
-- Maintain room in the budget to provide for a school resource officer, salary and benefits for all employees, and increases in repeated criminal offense due to bail reform;
-- Cover insurance-related deductibles and potential claims;
-- Assign fund to capital, retirement and/or insurance reserves;
-- Maintain lower levels of “fiscal stress” by maintaining the total General fund balance and assigned and unassigned General fund balances as a percent of gross expenditures, the cash position of the combined funds, and reducing the likelihood of operating deficits.

Public comments concerning the condition of Falleti Ice Arena on Evans Street, the prospect of the City losing out on Video Lottery Terminal funds generated by Batavia Downs Gaming, and the lack of progress on the Ellicott Station project took center stage at tonight’s Batavia City Council Conference Meeting at City Hall.

“We need to invest in this facility to make the next 40 years as successful as the past 40 years,” said Batavia resident Michael Reich, who said he has been involved with programs at the ice rink for more than 25 years.

Reich mentioned the efforts of Jack Porter and Ronald Setzer in helping to make the rink a reality and bringing “a lot of smiles under that roof.”

“Thousands of families have gone through there … lifelong connections there and (a notable) economic impact,” he said. “But it’s 40 years old and it needs some work.”

He mentioned that the goal of the management company, Firland Management, was to make it “self-financing in the long term” and said there is $300,000 in a reserve fund.

“We’re in a strong position going forward,” he said, adding that he would be willing to be a part of a group or committee to work on a number of necessary improvements. “The time has come to do these things, (to make) incredible investments in our youth. It’s a phenomenal facility. Just help us.”

Council Member Paul Viele, who also is a hockey enthusiast, agreed with Reich.

“What can we do to help the rink? We can put money into Dwyer Stadium, why not the rink?” Viele asked.

Council President Eugene Jankowski suggested forming a group to clean and make minor repairs.

“A lot of things are just cleanup and maintenance things,” he said. “We’re compiling a list. We’ve got a long way to go … but we have some possibilities here.”

Council Member Rose Mary Christian asked how much was in the reserve fund – City Manager Martin Moore said that the amount would be addressed in the budget sessions – and Robert Bialkowski asked if Firland was meeting their obligations, to which Moore replied that Firland has one more year left on its contract.

Batavian John Roach spoke about Gov. Cuomo’s proposal to take the VLT money away from the municipalities, suggesting that the City should look to the Batavia Improvement District or Genesee County Economic Development Center to fund the Batavia Development Corporation if that comes to pass.

“The $70,000 (for the BDC) was supposed to be funded by VLT money,” he said. “If lost … I think the GCEDC could pick it up easily.”

He also questioned why the City gives $4,000 annually to GO ART!, when it used to be $2,500 to conduct the Picnic in the Park on July 4^th.

“Let’s take back our $4,000,” he said. “It was never meant to be a permanent subsidy to a private group.”

He also asked Council to consider “getting a little more aggressive to clean up Ellicott Station,” the mixed-use development project that has seen little progress.

On the GO ART! situation, Council Member Patti Pacino said she didn’t have a problem with a $4,000 contribution – “It’s not like giving $24,000" – and noted that GO ART! leadership makes a request for funding every year.

The Ellicott Station state of affairs generated more comments from the Council and management, with Moore informing the board that code enforcement personnel have a “green light” to make sure code issues are addressed.

He said the developer, Savarino Companies of Buffalo, is on “a very short leash” but acknowledged that not much can be done until he finds out whether a New York State Homes and Community Renewal grant of several million dollars is approved (likely to take place in April or May).

Council Member Kathleen Briggs said the community’s patience is wearing thin.

“Put up or shut up,” she said, directing her comments to Savarino. “What is this short leash?”

Understandably, Council members are worried that the project might fall through.

“If he doesn’t get the grant, does he just walk away?” Bialkowski asked.

Moore responded by stating that Savarino said he has $800,000 to $900,000 invested in predevelopment, and is working with the GCEDC and BDC on the funding.

Jankowski said he thought the initial announcement by the BDC (made in 2016) was premature since funding streams had yet to be put into place, but said he remains optimistic.

“If he (Samuel Savarino) does come through, it will be well worth it,” he said.

In another development, Council heard a request from Eric Biscaro, owner of Classic Home Improvements and Armor Building Supply at 653 Ellicott St., to construct an auto service station on his property.

Currently, the location is zone I-1 (Industrial) and does not allow the operation of a motor vehicle repair shop. Biscaro went to the Genesee County Planning Board, where his request for a use variance was rejected, and now he's hoping that the City can come up with a way to make this happen.

“We’re looking to put up a small two-bay garage behind the Armor side (of the facility),” he said. “You won’t even be able to see it from the street.”

Public Works Director Matt Worth suggested that City officials conduct an internal review of the proposal to see if a zoning change is in order – “We’ve done a couple zone changes in the not-too-distant past,” he said – and report back to Council before its next meeting.

Because a zoning modification may be the only route, it would take several months since it means adopting a Local Law, which requires a public hearing. Any zoning change would affect all I-1 zones and expand the scope beyond a singular project.

Viele, speaking in elevated tones, expressed his disdain for the process.

“We should be able to help the guy out … why drag our feet,” he said. “It’s baloney.”

After a short discussion, Council agreed to let City staff conduct the review and report back before the next meeting. As it stands now, all service stations in the City are in areas that are zoned Commercial.

In other action, Council approved moving the following resolutions to be voted upon at its next Business meeting on Feb. 10:

-- Adoption of the Genesee County 2019 Hazard Mitigation Plan to serve as the City’s Hazard Mitigation Plan, a measure that would permit the City to receive federal pre-disaster mitigation funds.

“This allows us to piggyback (on Genesee County) and garner more funding with more people in the mix – in the event that monies become available,” Fire Chief Stefano Napolitano reported. “It gives us greater buying power by working with the county and other municipalities.”

Napolitano said the county’s Hazard Mitigation Plan has been reviewed and approved by the State Emergency Management Office and by the Federal Emergency Management Agency, and was adopted by the Genesee County Legislature in October.

-- Acceptance of a $25,481 STOP-DWI grant from Genesee County to be used throughout the year and a $22,500 with a professional services firm (to be announced) to facilitate the acceptance of a $300,000 New York Main Street grant as a match for private investments to undertake proposed building improvements within the Batavia Business Improvement District.

-- Sale of a 12- by 50-foot parcel of property next to Eli Fish Brewing Co. in Jackson Square for the company to expand their offerings to include outdoor dining. Matt Gray represented AGRV Properties Inc. at the meeting. The parcel has been appraised for $840, which is the price offered to the City by AGRV Properties.

-- Appointments of Lois Gerace to the Board of Assessment Review and Council Member Rose Mary Christian as marriage officer to have the authority to perform wedding ceremonies.

-- Tentative public hearing on the 2020-21 budget, including water rates, sewer rates and capital improvement fee, for 7 p.m. Feb. 24. The amount to be raised by taxes is $5.4 million, resulting in an increase in the property tax rate of less than 1 percent.

Photo -- Christopher Camp has his assistant police chief badge placed on his uniform by his wife, Stefanie, as Chief Shawn Heubusch looks on during promotion swearing-in ceremonies at Monday's City Council meeting. Matthew Lutey (detective sergeant), Mitch Cowen (sergeant) and Marc Lawrence (sergeant) also were sworn in.

In preparing for his State of the City and 2020-21 budget presentation tonight, Batavia City Manager Martin Moore likely didn’t have to “dig” too far to come up with a theme for his report.

With numerous projects relating to the City’s $10 million Downtown Revitalization Initiative award from New York State in the pre-construction stage, Moore said he is designating 2020 as the “year of shovels in the ground.”

“This needs to be the year of shovels in the ground – a year where we complete the downtown renovation projects, incentivize private investors to reclaim Brownfield sites (and) move some City Centre properties back into private ownership for redevelopment,” he said during City Council’s Business Meeting.

Moore previously had expressed a measure of frustration over the lack of movement on key DRI projects, especially the mixed-use redevelopment of Ellicott Station by Savarino Companies of Buffalo (which was announced in 2016).

He also pointed to other priority projects, notably fixing the City Centre Mall concourse roof and situating Theatre 56 into its space in the mall.

“We want to see the mall roof project (completed),” he said. “It’s under contract; the contractor is scheduled to be here in the spring, so we’re looking forward to seeing them on the roof and getting it fixed.”

He reported that Theatre 56 has paid its rent for the first six months and is working with architects, the Department of State and the Batavia Development Corporation on designs for “rehabbing the space that they are leasing from the City Centre.”

Moore also said at least two “storefront grants” stemming from the DRI are close to getting their permits from the state.

“We look to those moving forward and construction starting, so I think we’re going to see some shovels in the ground in different areas of the city … in addition to what (the Department of) Public Works is already going to be working on.”

The city manager said the preliminary 2020-21 budget calls for a tax rate increase of .97 percent – from $8.92 per thousand of assessed valuation last fiscal year to $9.01 per thousand.

That means that a house assessed at $70,000, for example, would have an annual City tax bill of $630.70.

Moore also said water rates will increase by 3.5 percent and the meter fee would go up by about 66 cent per quarter for “the typical customer.”

He said he was optimistic that the assessed value in the City would increase as more and more development comes to fruition, and supported his belief with a chart showing that more than $140 million in economic projects are in the pipeline from the $100 Million I’m All In! campaign initiated by former City Manager Jason Molino.

In connection to that program, he listed several primary DRI projects that are in varying stages of completion:

-- Ellicott Station (housing grant application submitted);
-- Carr’s/Genesee Bank (design underway);
-- Ellicott Place (design near completion);
-- Healthy Living Campus, YMCA (design near completion);
-- Theatre 56 (lease fully executed);
-- Downtown Building Improvement Fund (projects in design);
-- City Centre Revitalization (feasibility study underway);
-- Jackson Square (grant agreement executed; RFP creation underway).

Additionally, Moore said the RFP (request for proposal) process for a new police station on Alva Place will be starting soon.

Budget revenue projections show $17.8 million in the general fund, $5 million in the water fund, $2.8 million in the wastewater fund and $213,000 in the City Centre fund, for total revenues of $25.9 million. Property taxes are projected to bring in $5.4 million.

During a State of the City address prior to the budget report, Moore reflected upon some highlights in 2019, including the opening of the Liberty Center for Youth, successful completion of police academy training by several new recruits, purchase of the MRAP armored vehicle, awarding the Key to the City to Medal of Honor recipient David Bellavia and City employees' work at the Community Garden during the United Way Day of Caring.

He also said he is committed to maintaining the City’s high standards in financial record-keeping and budgeting -- noting that it once again received an award for its budget presentation in 2019 -- and to improving customer service.

“Frankly, the business of the City is a moot point if nobody is living in the City,” he said.

In other developments:

-- DPW Director Matt Worth reported that the City will be getting state and federal funding to rehabilitate Richmond Avenue and Harvester Avenue in 2022, adding that the City’s share of the $2 million projects could be as little as $50,000.

He also said the City received a $554,000 grant to replace lead service water lines on selected streets, with the work scheduled to start in the fall.

-- Council approved a $20,000 revolving loan fund grant to GO ART! to help support repairs and renovations of the building’s foundation, roof and drainage, windows, fence, interior and elevator at 201 E. Main St. The total project cost is $218,300, with much of it to be funded by several grants.

Photo -- Batavia City Clerk/Treasurer Heidi Parker, left, performs swearing-in ceremony for Council members John Canale, Rose Mary Christian, Kathleen Briggs, Patti Pacino and Paul Viele. Eugene Jankowski will continue as president while Viele will serve as president pro tempore. Photo by Mike Pettinella. 

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Imagine a state-of-the-art, multimillion dollar multipurpose sports and recreation facility attached to a renovated Falleti Ice Arena on Evans Street.

Batavia City Council members on Monday night had the opportunity to do just that as they absorbed details of a grant-funded feasibility study presented by Bill Krueger (inset photo right), principal, of CSL (Conventions, Sports & Leisure International) of Minneapolis, Minn.

All agreed that such an attraction would be a great thing for Batavia and the surrounding area. And all agreed that the cost and the timing of such a project are major issues, especially as the City looks to build a $10 million police station and Genesee County prepares to construct a $60 million jail.

Krueger, who said he has conducted about 500 of these studies over his 25-year career, outlined three options for what is now known as Creek Park, with all three tied to refurbishing Falleti Ice Arena.

Option 1, an indoor turf and hardwood facility featuring two soccer fields, four batting cages, three full-sized basketball courts and six full-sized volleyball courts, carries a price tag of $27.5 million and would operate at an annual deficit of around $200,000.

Option 2, a large indoor turf facility with a full-sized turf field, would cost around $26.6 million, with an annual operating deficit of $133,000.

Option 3 is a small indoor turf facility with a couple soccer fields and four batting cages, but no cost projections were offered.

All would include bleachers, scoreboards, locker/team rooms, fitness/wellness equipment, play areas, food court/café and walking track.

Falleti Ice Arena improvements costing $3.7 to 4.9 million would be a prerequisite to either of the options, Krueger said.

“The Falleti arena is showing its age and its usage is below average,” Krueger said. “The trend is flexible multipurpose types of buildings.”

In his assessment of the Falleti Ice Arena, which was built in 1978, Krueger pointed out that total use hours by the four primary groups – Genesee Amateur Hockey Association, Batavia Men’s Hockey League, Batavia High School and Notre Dame High School – have declined over the past 10 years.

He also noted that there are an “increasing number of repair, replacement and maintenance items that need to be addressed … to sustain safe, operating conditions” and that the arena “lacks many of the amenities, seating and service/support areas that are present in modern facilities throughout the country.”

“As a bare minimum, you should make Falleti improvement the top priority,” Krueger said, adding that moving forward beyond that hinges on the project becoming a group effort.

“It doesn’t have to be all on the shoulders of the City,” he said. “The private sector, grants and state and/or federal funding (should be explored). “Certainly, Option 1 or 2 would elevate sports tourism in Batavia.”

Krueger estimated the economic impact of either Option 1 or 2 between $11.8 and $16 million per year, with attendance topping 200,000 annually.

Following his PowerPoint presentation, City Council members and officials had their say, with Rose Mary Christian kicking things off.

“We desperately need a new police department … City residents don’t need more taxes from the city, county or school district,” she said.

Public Works Department Director Matt Worth said that the demands for more recreation are there, but “the approach has to be regional” with the county and town getting involved to avoid duplicating efforts.

Christian agreed that it could be “very feasible if the county and town got in it.”

Council President Eugene Jankowski brought up the expense of the new county jail and the expense to families involved in hockey, surmising that a turf facility “could be a better fit” as far as individual costs are concerned.

“Maybe we could partner with the (Genesee Community) college and other agencies that could use it,” he said.

Council Member John Canale acknowledged that there hasn’t been an increase in usage at the Falleti arena because of its poor condition.

“We have a terrible reputation” in terms of the facility, Canale said.

A public hearing on the matter ensued, with Batavians Sam DiSalvo and John Roach addressing the board.

DiSalvo said he is an avid long-distance runner and a participant in three soccer leagues in Buffalo and Rochester who would forgo his driving if such a facility were in Batavia.

“If you’re telling me that I could walk five minutes and save 45-minute drives in both directions, you better believe I would,” he said. “I’m in favor of this – turf and hardwood. It’s a great idea if you could make it work financially.”

Roach offered a contrasting viewpoint.

“No, a big surprise,” he said, sarcastically. “It sounds like what we heard with the (Dwyer) baseball stadium … build it and they will come. Now we will have a baseball stadium that we won’t know what to do with it.”

He also said projections show a population decrease of 9 percent over a 10-year period of the younger demographic and “then you’ve got to look at that tax burden,” mentioning the police station, Falleti Ice Arena and the county jail projects.

“Unless the county decided to go into it, I’d say absolutely not. And I know what the county will say,” he concluded.

Canale agreed that “we couldn’t take this on ourselves” but suggested exploring grant opportunities and looking to the private sector to help “so the taxpayer would not be burdened with the entire (cost).”

After Council Member Patti Pacino said the priority should be to “make a decision to fix the (Falleti) facility,” Jankowski said that since the Creek Park property is part of the Brownfield (Opportunity) Area, it would be “ripe for grants.”

“It wouldn’t hurt to let our economic development people look into this and get public feedback,” he said.

Gregory Hallock, executive director of GO ART!, was in attendance as well and he said that by including figure skating, dance and cheering competitions it could lead the way to additional grant funding.

Council Member Robert Bialkowski urged his colleagues to proceed wisely.

“This is one thing we can do right for a change,” he said. “The ice rink shouldn’t have been part of the fire department.”

Worth said that the City will be reimbursed the $54,000 cost of the feasibility study by a Community Development Block Grant.

Way too many tractor-trailers and not enough single-family housing.

Those two topics were brought up by a trio of Batavia residents during the public comments segment of Monday night’s City Council Conference Meeting at City Hall Council Chambers, and prompted some vigorous discussion among Council members.

First it was Rachel Curtin and her husband, Jacob Bodway, of Richmond Avenue expressing their dismay over the constant and heavy flow of semis either heading from or heading to the Thruway exit on Route 98 (Oak Street).

The truck traffic is “limiting our promise and potential,” Curtin said, adding that they pass by the Peace Garden (on Main Street) that “we can’t really see” (due to the big rigs blocking it) as they head down to Route 63.

Calling it a “major issue” that adversely affects people living in the vicinity of Route 98, she said the noise can be heard early in the morning and goes on throughout the day.

Her husband agreed, noting that he counted 30 semis in a 10-minute span, which translates to “150 in an hour, thousands in a day.”

“I’ve seen traffic stopped from Main Street past Richmond (Avenue),” he said. “I don’t feel safe going downtown as I ride my bike; I’m worried about getting hit by a semi.”

Bodway said he wished that something could be done to reroute the trucks to create a “safer environment.”

“The cost of my home value has gone down, I think, and the noise is obnoxious,” he said. “I urge you to keep this in your mind.”

City Council response: What can we do?

Council Member John Canale said he feels the couple’s pain, noting that several residents in his Third Ward have contacted him about not only the amount but also the speed of the trucks on Route 98.

“Since it’s a state highway, maybe if we enforced the speed limit dramatically on that street it might discourage truck traffic,” he said.

Canale added that he’s hearing this from predominantly “young couples and young families, and that’s who we’re trying to invite to live here … that demographic.”

“We have a deer problem and we’re looking into it, and we have a truck problem, so let’s look into it,” he said.

Council Member Paul Viele called out state Department of Transportation engineers for changing Route 98 from a four-lane to a two-lane highway – “whose bright idea was that to have one lane? That’s a disaster,” he said, but Jankowski and Bialkowski noted that it was done to slow traffic down.

“It (one lane per direction) does work,” Jankowski said. “It’s the Jake brake that rattles your windows when it comes through. It is a state highway. How do we divert them away from a road that originally was built for truck traffic?”

Suggestions made included: reaching out to state lawmakers Steven Hawley or Michael Ranzenhofer; having police write more speeding tickets; asking the state DOT to hold a public information meeting; and charging a fee for using Route 98 in the City (which is not possible since the City has no jurisdiction concerning a state road).

Much of the semi traffic in the City boils down to a dollars-and-cents issue -- truckers take routes 98 and 63 in Batavia to avoid the high tolls on the Thruway from Buffalo to Rochester.

If only New York State would waive the tolls for the big rigs getting off the Thruway between exits 46 and 50 …

Batavia becoming a tenant-based city?

The couple was followed by Sam DiSalvo, a resident of Main Street, who surmised that high closing costs for single-family homes and a declining selection of the same are making it “very difficult for a young person to get housing (in the City).”

DiSalvo said that he has learned that 58 percent of housing in the City is rental property.

“If that increases by another 8 percent, it will be 2 to 1 (ratio),” he said. “Batavia is turning toward a tenant-based city.”

He suggested three ways that Batavia can, in his words, “turn it back around and combat the housing issue”:

• Have City officials offer a landlord training class, similar to what Buffalo does;
• Offer a tax break to first-time homebuyers to buy a house downtown, similar to what has been done in Rochester to attract people to move into the city;
• Give a tax break to those who have owned and lived in their home for a certain number of years (20, for example).

Council Member Robert Bialkowski agreed that 58 percent of the living spaces in the City are not single-family homes, but explained that the number includes apartment complexes that could have 150 living spaces.

Council Member Rose Mary Christian mentioned that PathStone has a landlord program and that the City allows background checks for landlords while Council President Eugene Jankowski said he hoped that landlords have legal advice as he was “worried about the cost” of a City-sponsored landlord course and about the dissemination of wrong information.

“If erroneous … we’re liable for that,” he said.

Longtime attorney David Saleh was appointed as part-time City of Batavia Court judge tonight, filling the vacancy created by former part-time justice Durin Rogers’ election to the full-time post in November.

City Council members, at the close of their Business Meeting at City Hall Council Chambers, unanimously voted in favor of Saleh’s hiring, which takes effect on Jan. 1, for a six-year term.

“First of all, I’m honored and very grateful to the City Council for having selected me to this position,” said Saleh, who noted that he will preside over the court primarily on Wednesdays and Fridays. “I am very excited to work with Judge (Durin) Rogers and to follow the direction this court has been going for many years under Judge (Robert) Balbick and Judge Rogers.”

Saleh, 66, has been a lawyer for more than 40 years and has experience in various disciplines, including being both a defense attorney and prosecutor as well as practicing corporate and municipal law.

He lived in Corfu for many years before relocating to the City in 2013.

Saleh, vice president/general counsel for Inlighten Inc., of Clarence, also has been involved in community and civic organizations, most notably as president of the Batavia Lions Club.

He has served as the City Republican Committee chairperson in recent years, a position that he will have to relinquish to avoid any conflict-of-interest issues. It is believed that Richard Richmond will assume the committee chair post.

Saleh said fairness and professionalism are the cornerstones of a successful judge.

“I think the main thing that has always been my focus -- and I’ve had a lot of experience in the courts – is to be very fair and professional with the people that come in front of me,” he said.

“I have a lot of experience and I hope to impart some of that to the attorneys who come to court with their clients to seek justice and deal with various problems that come up to people who are using the system.”

In other action, Council unanimously approved resolutions:

-- Authorizing an additional police officer position that will allow for the new hire to be trained in light of the January 2020 retirements of Assistant Chief Todd Crossett and Det. Sgt. Kevin Czora, and the City’s agreement with the Batavia City School District to provide a School Resource Officer beginning with the 2020-21 school year.

-- Appropriating $50,000 from the Facilities Reserve Fund to conduct a feasibility study – including predesign work – for a new police station at the northwest corner of Bank Street and Alva Place. Currently, the reserve fund has a balance of $298,000.

-- Acceptance of a $1 million Empire State Development Corporation Downtown Revitalization Initiative reimbursement grant to renovate the City Centre concourse, with improvements to be made to the roof, floor tiles and entrances.

City Manager Martin Moore said the state will reimburse the City at the end of the project, which means that short-term bonds may be needed to cover the ongoing costs.

“This is a major piece of the City’s efforts to upgrade the concourse and create positive economic opportunities for micro-business enterprises,” Moore wrote in a memo to City Council.

-- Ratifying the new 40-year sales tax allocation agreement with Genesee County, per requirements set by the state Comptroller’s office. The amended contract begins on Jan. 1.

-- Appointing citizens to the Youth Board (David Twichell, Paula Fischer and Kathryn Fitzpatrick) and Deer Management Committee (Russell Nephew Jr., Kent Klotzbach, Frederick Gundell, Samuel DiSalvo and Gus Galliford).

-- Contracting with Genesee County for prosecutorial services with the City paying $73,719 for 2020 and $76,219 for 2021.

Additionally, Public Works Director Matt Worth reported that crews are targeting this Thursday and Friday, depending upon the weather, to continue residential leaf pickup. Worth also said that the City yard waste station will remain open through Dec. 16.

City Council President Eugene Jankowski, right, reads a proclamation commending local and regional law enforcement personnel for their cooperative efforts during a 20-hour standoff on Nov. 18-19 on Liberty Street in the City.

The proclamation thanked all agencies that assisted City Police and for resolving the situation in a safe manner.

From left are City Fire Chief Stefano Napolitano, Monroe County Sheriff's Capt. Jeff Wagner, NYS DEC Officer Fay Fuerch, DPW Director Matt Worth, Genesee County Dispatch Deputy Director Frank Riccobono, State Police Capt. David Forsythe, State Police Sgt. Ben Fasano, City Police Sgt. Chris Camp, City Police Chief Shawn Heubusch and Jankowski.

Photo by Mike Pettinella.

Batavia City Council President Eugene Jankowski has reached out to David Zanghi and his sister and advocate, Mary Ellen Wilber, in an attempt to get them in touch with emergency relief agencies after Zanghi’s life was disrupted earlier in the week.

Jankowski said today that he has met with Zanghi and talked on the phone to Wilber, and pledged the City’s support in finding the assistance Zanghi needs as a result of the 20-hour standoff at his Liberty Street residence on Monday and Tuesday.

“I’ve spoken to the City (management) and to Mr. Zanghi and they definitely want to put him in touch with agencies that can provide assistance,” Jankowski said. “It’s the same as with a major fire … we need to provide that connection.”

On Thursday, Zanghi informed The Batavian that his downstairs apartment at 209 Liberty St. and his personal belongings were extensively damaged from tear gas canisters fired by police. Subsequently, he has been displaced from his apartment and currently is staying with a relative.

A dialysis patient, Zanghi also said his medications were compromised during the ordeal, which saw Daniel Wolfe hold police at bay throughout the night as he barricaded himself inside his upstairs apartment with a pellet (BB) gun and a sword.

The situation ended around 9:30 a.m. Tuesday when Wolfe surrendered to City Police.

Jankowski noted that Zanghi is “obviously in poor health and needs some help.”

“Let’s help him get the help he needs and help Mary Ellen navigate the system,” he said. “She is coming into town this weekend and we’ve set up an appointment for her to meet with the City Manager (Martin Moore) and Assistant City Manager (Rachael Tabelski)."

Jankowski said that Wilber was “very receptive” to his call.

“She is a longtime civil servant and is acquainted with the system,” he said. “We will give her all the help we can as we would do anybody else in this situation.”

The council president said that agencies such as Genesee Justice, Veterans Services and Social Services are out there to assist victims of incidents such as this, and noted that law enforcement could provide the names of other organizations that could help out.

He also said that City Police did provide Zanghi with some phone numbers of agencies that could provide assistance, but said communication broke down after that.

“It was confusing to us since he never contacted us directly,” he said. “We were taken back a bit by the published report (in The Batavian).

Earlier today, Council Member Rose Mary Christian, who represents the Sixth Ward (which includes Liberty Street), weighed in on the matter – saying that she sympathized with Zanghi’s plight while also opining that contemporary society has made it difficult for the police.

“It’s very unfortunate what happened to him – he is a good person for that area -- but it could happen to anybody,” she said. “Any place, any time. That’s why it’s extremely important to have renter’s insurance.”

Christian went on to say that today’s “politically correct” climate has tied law enforcement’s hands.

“Our society has done this. In years past, maybe even 10 years ago, if there was a problem like that, (police) would knock down that door, grab him and have him arrested,” she said. “Today, the liberals would just question what happened here and (say), ‘Oh, the poor guy.’ ”

“That’s nonsense. The legal system doesn’t have a shot in hell.”

As far as 45-year-old Wolfe is concerned, he currently is in Genesee County Jail without bail, facing five charges, including three felonies. His case has been adjourned until Dec. 12.

A longtime Batavia resident is calling upon the City of Batavia to take responsibility for “destroying my home and hindering me mentally and physically” in the aftermath of Monday’s 20-hour standoff at his Liberty Street residence.

“I am a victim of this,” said David Zanghi, 66, who lives in the downstairs apartment at 209 Liberty St. “The only ones who caused damage to my house were the police. They were very non-caring.”

Zanghi was forced to evacuate his downstairs apartment when City Police responded to a domestic disturbance call around 1:18 p.m. Monday.

According to dispatch reports, the caller said an intoxicated male hit a female and was in possession of a sword.

When police arrived, they saw that the male, later identified as Daniel Wolfe, 45, had barricaded himself inside his apartment upstairs and began shooting at officers with a pellet (BB) rifle.

The standoff continued until around 9:30 in the morning on Tuesday, finally coming to an end when Wolfe exited the residence and surrendered to City Police Det. Sgt. Kevin Czora.

During the standoff, City Police were assisted by several other agencies, including the Genesee County Sheriff’s Office; Orleans County SWAT; State Police troopers; negotiators; drone unit; K-9 unit; and SORT teams; the NYS DEC K-9 Unit; Monroe County Crisis Negotiating Team; Genesee County Emergency Management; Genesee County Dispatch Center; City Fire Department; and Mercy EMS.

Wolfe sustained self-inflicted injuries and was transported for treatment to Strong Memorial Hospital in Rochester. Currently, he is in Genesee County Jail.

While the suspect faces multiple charges, Zanghi, who is on dialysis waiting a kidney transplant and suffers from emotional and physical ailments, now is staying with a relative in the City due to the damage done to his residence.

“They destroyed my house … busted all the windows, my clothes are shot because of the tear gas. I may be able to get the couch fixed. It’s ridiculous what they did to me,” he said.

Zanghi reported that his landlord, Duane Preston, has promised him another apartment in mid-December.

“Duane has been good to me,” he said. “He even gave me my rent check back for the month.”

Zanghi also said that he is upset that no one from the City has contacted him about the possibility of receiving some victim assistance support, and plans to confront City Council and management at the next City Council meeting on Monday (Nov. 25).

City officials, however, did respond to a request from The Batavian for a comment in light of Zanghi’s grievances.

“While the City sympathizes with Mr. Zanghi as an innocent bystander to the events that unfolded Tuesday, November 18th, there is no specific assistance that the City can offer,” Assistant City Manager Rachael J. Tabelski said.

“In any type of emergency response situation there will be unintended consequences, however the city is not liable for the damage. There are many organizations and individuals that volunteer to help residents in need, and I am hopeful Mr. Zanghi will find relief through these individuals and organizations.”

Zanghi said that his sister, Mary Ellen Wilber, who splits her time between New Jersey and Batavia, will represent him at the meeting.

Contacted by phone this afternoon, Wilber said she is “disgusted” over the City’s lack of action despite being contacted numerous times about Wolfe’s violent behavior.

“I will be there to advocate for my brother, who has called police at least seven times over the past year, year and a half, about this guy,” she said. “He’s an alcoholic who has harmed the woman (girlfriend). All those times David called and it’s all for naught.”

Wilber said law enforcement’s actions have “traumatized” her brother, who is on a fixed income and under the care of the VA Medical Center. 

“He had to go to the hospital to get his medicine because all of his pills, along with his clothes and bedding, were contaminated.

“They shot tear gas canisters into David’s downstairs apartment, knowing the guy was upstairs,” she said. “They destroyed his apartment.”

Wilber said she also questions the way the situation was handled and the cost to the City.

“I was told that the police said they were using this as a tactical exercise,” she said. “It should have never gone on this long. They could have used a Taser instead of attacking him with a dog. The cost to the City is going to be very high. They could have done things in a much better way.”

Photos by Howard Owens.

David Zanghi points to a window broken by police actions.

David Zanghi said a CS gas canister apparently exploded in his bedroom. He's pointing to all the medicine on his dresser that the VA had to replace for him. He said he has expensive suits, including a $1,500 tux, that now reek of tear gas and he's not sure they can be properly cleaned.

Rejected in his bid for a landlord’s assistance, a Ross Street man tonight appealed to City Council to help him resolve an ongoing situation with his next-door neighbors.

“I’ve never been the squeaky wheel, but I’m hoping for a little bit of grease,” said Robert Cook of 172 Ross St. as he spoke during the public comments portion of the Business Meeting at City Hall Council Board Room.

Cook, who said he purchased the house last June, said he and his children have been subjected to intoxicated, verbally abusive and combative neighbors at 174 Ross St. (on the southeast corner of North Street). He added that he has learned that police have been called to that address more than 24 times since 2014.

“My children aren’t comfortable sitting on the porch or playing in the front yard,” said Cook, who noted that two or three families are renting at 174 Ross St.

Furthermore, he said that the property owner, Duane Preston, not only was unwilling to assist but sent Cook a letter that “was very dismissive and condescending.”

That left him no choice but to come before City Council, where he said he “humbly is asking for guidance to resolve this” and to set the wheel in motion to hold landlords responsible for their tenants’ behaviors.

His predicament spurred varied responses from council members and City Manager Martin Moore, ranging from Moore’s touting of the success of neighborhood watch groups in the City, to Council Member Paul Viele’s pointed words: “It looks like Mr. Preston doesn’t give a crap about Mr. Cook and that’s a shame.”

Council Member Kathleen Briggs asked if Moore had contacted Preston, who owns numerous properties in the City, (Moore answered "No") and urged someone to talk to the tenants and tell them that they’ve “become a disturbance.”

Council Member Patti Pacino confirmed that City police officers have been there many times, while Rose Mary Christian -- putting the blame on the tenants -- called for increased police surveillance in the area.

Police Chief Shawn Heubusch said his department’s efforts have been hampered by the lack of complainants to go on the record and by the fact that there hasn’t been an issue when police have arrived.

“We will reach out to him (Preston), but we can’t put a car there 24 hours a day, seven days a week,” he said. “We are aware of the property and have increased our presence there.”

Council President Eugene Jankowski suggested that several neighbors band together and also noted that if Cook’s neighbors are under public assistance, the bad behavior could put them “in jeopardy of losing the apartment and being moved out.”

“We need to let the police handle it and work with other agencies – parole, probation, HUD,” he said. “(Speaking with) the landlord is the other avenue.”

Following the meeting, Cook said he was disappointed in Preston’s response.

“He (Preston) said he was taking the same position as other landlords in the City – he’ll keep the properties up to code and let the police handle the tenant issues,” Cook said. “He said that I should have done more research before buying the house. I say that he should have done more research before renting to these tenants.”

Approval of a 40-year water supply agreement between the City of Batavia and Genesee County is a win-win situation for both municipalities, according to a City official who has played an integral role in the negotiations.

Speaking after tonight’s Batavia City Council meeting – at which council members unanimously approved the amended agreement through the year 2059, Public Works Director Matt Worth said the new pact equally benefits both entities.

“The important parts of it are, from the City point of view, is the City (last month) entered into a 40-year agreement with the sales tax with Genesee County -- which gives it stability as a financial revenue long-term – and, in addition, the City now does not have to build a new water plant,” Worth said.

Worth estimated the cost of a new water plant at $35 million, expressing relief that the city no longer has that responsibility.

From Genesee County’s perspective, Worth said the agreement’s additional 60-cent surcharge (per 1,000 gallons) gives the county the long-term stability to fund necessary improvements.

“Over the 40 years, the county can go for long-term bonds and has the ability to say ‘Yes we have the revenue stream to pay for those bonds’ (and that leads to) better rates and long-term stability to do those improvements and bring the additional water in,” Worth noted. “Hopefully that spurs all the economic development and growth that usually comes along with public water.”

Worth said the prior agreement -- an extension of the original contract from 2000 -- runs through Dec. 31 and included a 60-cent surcharge to help pay for water improvements. This new agreement goes out to Dec. 31, 2059 and tacks on another 60-cent surcharge to the City.

He said it could provide the impetus to get water into other areas of the county.

“It could mean getting public water into some of those towns and areas that have not had it – Bethany being a prime example,” he said. “Alabama didn’t have water for quite a while, now they’re starting to get water into that town as well.

“That’s kind of the avenue that has been put forward for long-term stability financially and long-term stability as far as providing safe, public drinking water to an awful lot of the county.”

City Council also passed, by 9-0 votes, a restated lease with Genesee County for water treatment facilities that would transfer the plant to the county once it is no longer being used, by mutual agreement, and a restated operations and maintenance agreement for the water treatment plant that takes into account actual costs compared to budget costs, with the City and County equally splitting any surplus end-of-the-year funds.

Both of these agreements are for 10 years.

Kathleen Briggs is a candidate for City Council, Ward 5. Her opponent is Sam DiSalvo.

What do you like about the City of Batavia?
I have lived here most of my life. It's the right mix of country and city. People are friendly. We have great people who are willing to volunteer to help others. For a small city like ours, we have a nice balance of cultural activities like Go Art and the Batavia Players.

What is the number one problem facing the City of Batavia and what is your plan to address it?
In the 5th Ward, the overriding concern I hear when going door to door is crime. Nothing else comes close. I have been working closely with our police to increase their presence in the ward. I also fought to get more surveillance cameras for the Police Department and have them placed around the ward.

Describe your vision for Downtown Batavia in 10 years?
I hope to see the Downtown revitalization project completed. That would include the Health Campus that our local hospital and the YMCA are planning, the "Mall" repaired and fully occupied, and the Carr's building restored and occupied.

Do you support building a new police station?
Yes, I support a new police station. I fully support having our own Police Department and if we are going to do that, then we need a new building. While I will have to study where to locate it, the need is clear. We can no longer continue to try and pretend that a house over 150 years old can continue to serve our police force.

What book first published in English since the Enlightenment has influenced your outlook on life the most?
The voters in my ward do not care what books, if any, I have read. They have their own concerns.

Samuel DiSalvo is a candidate for City Council, Ward 5. His opponent is Kathleen Briggs.

What do you like about the City of Batavia?
When I'm at the local coffee shop the owner and employees know customer's names and have conversations about their lives; when I walk down the sidewalk people say hi; City officials know the names of citizens: Batavia feels like home because of the people who have chosen to live here and strive every day to make Batavia wonderful. Living in a community with good people and having a personalized community where you feel part of the city is why I like Batavia. I was born and raised here and have family roots intertwined with Batavia from relatives who were Fire Chiefs to grandparents who owned a store on Main Street. The community all of this has brought has been wonderful, making Batavia having always felt like home, a feeling I want to help everyone feel while living in Batavia.

What is the number one problem facing the City of Batavia and what is your plan to address it?
The largest challenge I see facing Batavia is the exponential growth of rental properties (now over 55% of homes).

This stems from the following reasons:
1) Closing costs on houses are astronomical. Closing costs on a $100,000 home hover around $13,000. Most single young people cannot afford that. A year of renting is cheaper.
2) With fewer career opportunities here than in large cities, many people require temporary housing, not homeownership. Renting circumvents the hassle/cost of closing and owning a home if they plan to move to one of the cities where they work.

Having so many rental properties has the potential to bring issues:
1) If landlords do not keep their properties maintained for any number of reasons, neighboring property values can decrease. I have met several citizens whose property values have decreased for this reason.
2) Tenants are put at risk of having a landlord that will break leases, keep security deposits for illegitimate reasons, or their landlord doesn't fulfill their landlord obligations. Similarly, landlords are at risk of having bad tenants that may destroy the apartment and cause unnecessary problems for landlords.
3) More people today are transient and may not care about Batavia and may not care to invest in the community, creating a city of people who may not care to keep Batavia beautiful.

To address these problems, I would like to see the City take these steps:
1) Develop a workshop-similar to what Buffalo already does-to educate landlords on how to write a lease, how to follow that contract, how to contact the police for background checks, legal statutes for rent collection, eviction timelines, etc. Tenants and landlords need to be protected and landlords should be fully educated on how to be a landlord. Every job has training.
2) Push for enforcement of codes and for police to follow up with citations (many citizens say that after citations are given, there is no follow-up if the citation is ignored).
3) Explore the possibility with the City Manager of developing something to make Batavia attractive for businesses to come to so there are careers here for people to pursue.
4) With the City Manager, explore the creation of a program to help first-time homebuyers buy and settle in the City (similar to Rochester's).

The number one problem I hear from my neighbors and citizens is the mall. Many people are fed up with it and want it torn down. The problem with the mall is that nothing innovative is being done with the it. Instead money from the $10 million grant Batavia was awarded from the state is going to be used to fix the roof while simultaneously Batavia will spend money to do a "study" on the mall to see what should be done with it. Innovation doesn't exist in regards to the mall and that needs to change if we want anything useful to be done with it. Selling a group of parcels at a lower rate to a private investor who can turn them into a large event center or lowering the price of parcels so business owners can afford the parcels or choose to do a rent-to-buy situation with parcels are three options that could help reinvigorate the crumbling mall.

Describe your vision for Downtown Batavia in 10 years?
Once thriving, Batavia's downtown has been burdened with a mall not innovating for today's Batavia and by privately-owned buildings that have sat empty for decades.

I would like to see the roof of the mall concourse removed to make it an open design with trees planted, benches/picnic tables erected, speakers to play music, lights strung between buildings, etc., and make it easier and cheaper for small business to rent-to-own or outright buy mall parcels from the City, invigorating business and giving citizens a place downtown to have lunch outside during summer, host small concerts similar to Jackson Square, give people a place downtown to relax, etc. I would also like to see more collaboration between downtown businesses, similar to how Brockport's downtown businesses participate in a "Where's Waldo" summer-long activity to increase foot traffic and engage people in walking downtown. In 10 years I hope to see all empty buildings filled and all of our incredible existing businesses going strong. Downtown should also be more handicap friendly, which includes beeping crosswalks.

Do you support building a new police station?
I support creating the most cost-effective and useful station, whether that is building a new police station (not in the Alva Place parking lot) or modifying/updating the current station. The City should be strategic and logical with where they decide to build a new police station, but most of all the City should listen to the input of its citizens. A citizen's group organized by the city chose a parcel on Swan Street as the top location for a new police station with the Alva Place parking lot as a second choice, but the City is looking at Alva Place rather than the citizen's first choice. Too often citizen opinions are ignored by the City. This must change.

What book first published in English since the Enlightenment has influenced your outlook on life the most?
When I was 6 I first read Harry Potter and the Sorcerer's Stone, and since I have been a Harry Potter fan. The series has shaped my outlook on life and my beliefs and has taught me invaluable lessons: the value of friendship, the power we all have inside of us to help others, and the ability young people - and all of us - have to make an impact.

As an adult, Daring Greatly by Brene Brown has most influenced my outlook on life. Though I'm an avid reader (I recently finished The Lightest Object in the Universe and am currently reading Buffalo Soldiers), Brene's TED Talks titled "The Power of Vulnerability" and "Listening to Shame" reshaped how I approach life, leading me to Daring Greatly. Brene cites Teddy Roosevelt's "The Man in the Arena" quote that describes how we must live in the arena. His quote goes on to say that even when we fail, as long as we were in the arena, we failed to dare greatly. When I first heard Brene discuss this quote, I began to live by the philosophy that in order to be a full, active participant in life and make a change and be wholehearted, I had to be vulnerable and put myself fully into the arena, daring greatly to make an impact and to help people. This is partly what inspired me to run for local office and be in the arena to help people.

Deborah Kerr Rosenbeck is a candidate for City Council in the 3rd Ward. Her opponents are Nicholas Russo and John Canale.

What do you like about the City of Batavia?
Batavia has coined the phrase "the hub of WNY" and to me it truly is. Uniquely situated between two larger urban areas, Batavia affords residents the benefits of a small town with cohesive and friendly neighborhoods. There is much to do right here that meets a variety of tastes and interests with minor league baseball, harness racing, symphony, theatre, concerts in the park and in the square, car racing and a variety of unique dining opportunities. And if that’s not enough, I can easily make my way to Rochester or Buffalo, knowing that my beloved Batavia is home. My whole family lives in the area and until just recently all three of my adult children lived on the block. Batavia is my home.

What is the number one problem facing the City of Batavia and what is your plan to address it?
I’ve walked neighborhoods throughout the city and most recently every street in my ward. It has made me acutely aware of our aging population, aging housing and aging infrastructure (sewers, water, streets and sidewalks). The ratio of owner-occupied to rental properties is of concern. Making the city of Batavia affordable and desirable for individuals to stay and providing incentives for people to buy and improve housing will be a priority.

Describe your vision for Downtown Batavia in 10 years?
I envision a downtown that is conducive to the fair and ethical operation of business without the current practice of government choosing winners and losers. I’d like it to be the center and location of community gatherings and events including theatre and music. Downtown storefronts will be occupied with thriving small businesses and a variety of dining choices. This will begin with the revitalization and transformation of the Batavia City Center as a mixed-use retail, services, and entertainment complex.

Do you support building a new police station?
You don’t need to be an expert on what is required to operate an effective local law enforcement operation to realize that a historic Victorian home is not the ideal location for our police department. That being said, I do worry about saddling our citizens with debt for a police station and a new county jail on our about the same time frame. Decision-makers need to proceed with careful consideration. Genesee County and the City of Batavia work closely on planning and development for our community. These two major initiatives should be no different as our elected officials and administration plan for efficient and cost-effective law enforcement services to ensure public safety.

What book first published in English since the Enlightenment has influenced your outlook on life the most?
The Four Agreements: A Practical Guide to Personal Freedom by Don Miguel Ruiz (1997) instantly came to mind as I read this question. It most influenced my outlook on life as I was not holding true to the first three agreements at all. The fourth agreement, always do your best, has pretty much always been my strong suit as no matter what happens I continually strive to do my best, or at least to do the next right thing. The others are a bit more of a challenge for me.

The first agreement of always being impeccable with your word and this references your comments about others as well as yourself. It’s difficult to hold to this standard, especially when it relates to being kind and impeccable about ourselves. The second agreement advises not to take anything personally. Someone’s response to you is much more about what is going on with them and has little or nothing to do with you. Don’t make assumptions is the third agreement. How easy it is to assume what others are thinking and feeling. Instead of focusing your interactions on being kind, complimentary, aka impeccable while honestly communicating your thoughts and feelings is a script for success and well-being. Fortunately, this book is a quick and easy read, allowing for frequent revisits to the four agreements and abiding by their guidance and the peace it can provide in your daily life.

In conclusion, I would tag on a fifth agreement, and that would be to listen. If elected, I will abide by this and carefully listen to my fellow councilmen, city administration department heads and staff, but most importantly to the public, my constituents, my neighbors.

John Canale is a candidate for City Council in Ward 3. His opponents are Nicholas Russo and Deborah Kerr Rosenbeck.

What do you like about the City of Batavia?
The question should be what do I love about the City of Batavia. It's my home...born and raised here, worked my entire career here, and have raised my family here. What's not to love? It's a wonderful, warm community, with residents who care about each other and their neighborhoods. Although we are a city, we are still "Small Town America," with all the ideals that come with that. I can't imagine living anywhere else.

What is the number one problem facing the City of Batavia and what is your plan to address it?
The number one problem we face as a city at the moment is the rise we are experiencing in crime. The majority of the criminal activity has been identified as coming in from Monroe County. We as a government body have already taken action. We have approved the City police department to work with and share information with Monroe County law enforcement through one of Monroe County's crime initiatives. We have also approved the City manager forming a local crime taskforce committee to study and implement actions to deter future criminal activity in the city. In addition, we continue to invest in mobile street cameras to help our local law enforcement with additional needed information and evidence. Another very important initiative we are taking, is the building of our new police station, to give our law enforcement the tools they need to protect us and provide the utmost safe community. It's imperative that not only our residents feel safe in their own neighborhoods, but also that future prospective families, businesses, and corporations view our community as one they would like to be a part of.

Describe your vision for Downtown Batavia in 10 years?
My vision for downtown Batavia in 10 years is one of vibrancy. A central focal point for not only the city but also for the county. A useful mixture of retail, professional offices, a healthy living campus, food and entertainment venues, and downtown living spaces for residents that are looking to live, work and play there. A place where all residents can meet, and enjoy our community, in a safe environment.

Do you support building a new police station?
I support a new police station. As mentioned in one of the other questions, in order to protect our residents, and provide us with a safe community, our police department needs the necessary tools to do the job. For them to have done the tremendous job they have thus far, is nothing short of a miracle, with the facility they are currently working in. Although no one likes to spend that amount of money, we are well overdue for a proper law enforcement facility. I also have said from the very beginning of discussions of a new facility, that I will only support a new facility that includes a plan for what we do with the old facility.

What book first published in English since the Enlightenment has influenced your outlook on life the most?
"90 Minutes In Heaven"...by Don Piper. After reading this book, my faith and belief in eternal life was re-enforced and more importantly, I became convinced that God has a distinct purpose for every one of us here on Earth. Only until our purpose has been fulfilled, will he take us home for eternal life with Him. Look for that purpose in everything you do, and do your best to fulfill it.

 

Nicholas Russo is a candidate for City Council in Ward 3. His opponents are John Canale and Deborah Kerr Rosenbeck.

What do you like about the City of Batavia?
I love so much about the city it's hard to narrow, the fact it's a bigger city but still has a strong community feel to it. The welcoming feeling the city and its residents share and how it supports businesses and each other.

What is the number one problem facing the City of Batavia and what is your plan to address it?
Continued growth and development and a clear plan from our leaders and making sure the voices of our residents are heard and taken into consideration. Main Street has so much potential that the current council hadn't capitalized on. In my opinion, the key to Main Street is providing incentives for members of our community to open and grow businesses downtown. Let's make Main Street a haven for people to pursue their dreams of owning their own business.

Describe your vision for Downtown Batavia in 10 years?
If we look 10 years in the future, my vision for the City of Batavia is for Main Street to be the model for all others cities as far as local growth and development while continuing to build upon our strengths in the community like entertainment venues, family activities and a wide variety of resources to help members of our community continue to thrive. Simply put, make Batavia a destination.

Do you support building a new police station?
I absolutely support a new police station. Making sure the incredible men and women who keep our city safe have the best resources they can .... shouldn't even be something that should be considered or even need to be discussed for that matter.

What book first published in English since the Enlightenment has influenced your outlook on life the most?
The book to the musical RENT I would say has had the greatest influence on me as a person. It shows you that no matter your background, circumstances or outlook. If you support each other and come together as a community there's no issue you can't face.

Traffic congestion at Richmond Avenue and Union Street – adjacent to the new Van Detta Stadium – and along the S-curve between Jefferson Avenue and Main Street has struck a nerve with at least one Batavia City Council member.

Speaking at Monday night’s meeting at City Hall, Council Member John Canale said he has firsthand knowledge of the current situation at both locations, and requested city management and the police department to explore ways to rectify it.

Canale said he expected “fine tuning” of the traffic flow and parking plan at Van Detta Stadium, but he said that leaving the parking lot along Union Street proved to be “very difficult” since cars are parked right up to the corner of Richmond Avenue.

“It’s congested with no line of sight to the intersection,” he said. “It’s a very dangerous situation.”

He said he turned right out of the parking lot to head south on Union Street to avoid the intersection, and then was suddenly met with a couple of young people who darted out in front of his vehicle.

Canale suggested a parking ban from Richmond to the end of the parking lot.

“I think it’s something we need to look at,” he said, which prompted Council President Eugene Jankowski to hand the ball off to City Manager Martin Moore and Police Chief Shawn Heubusch.

Council Member Robert Bialkowski said there was a “no parking” sign near the Richmond intersection but he thinks that the sign is gone.

Turning to the S-curve behind Wendy’s and Tim Hortons, Canale said he wondered if a reduced speed limit would help prevent the “near misses” of broadside crashes, maybe dropping the limit to 20 or 15 mph.

He said he negotiated the curve at both speeds and “felt that 15 miles per hour was a comfortable speed to react to a pedestrian or vehicle” – and added that he saw two cars in front of him almost get broadsided before his car almost was hit as well.

Canale also spoke of the number of cars and children at Austin Park during the summer months, and asked if the police department could “at least look at changing the speed limit there.”

Moore said the City did a three-day speed assessment of vehicles traveling south along the S-curve and found that the average speed of the 1,467 vehicles was 18.6 mph, with a maximum of 29 and a minimum of 10.

Heubusch then reported that there have been two traffic accidents there in the past five years, and that NYS Vehicle & Traffic Law allows officials to limit the speed only to 25 mph within the City limits.

Jankowski asked to see more data and for management to make recommendations to Council, adding that maybe a flashing yellow light or caution sign would be beneficial.

In other developments, Council:

-- Heard an update from DPW Director Matt Worth about the National Grid Light Conversion program that he has been exploring for the past several months.

Worth said the City is investigating whether to purchase the entire street lighting system of about 1,600 lights from National Grid at a cost of $113,000. He said that it would cost another $800,000 to $1 million for a complete conversion to LED lighting.

“We would have to weigh the (upfront) costs against the savings that would be realized,” he said. “The City would receive a $45,000 rebate in addition to the energy savings and better light quality.”

He also mentioned new technology that is available, features such as individual monitoring of lights, the ability to reduce light strength during non-peak times and measures to help law enforcement.

“This has become complex very quickly,” Worth noted. “We’re looking at the best long-term solution.”

-- Conducted a public hearing for the purpose of amending the zoning code to include self-storage facilities in I-1 and I-2 zones. No one from the public spoke.

The hearing followed several meetings in response to a request by Peter Yasses (54 Cedar St. LLC) to erect a self-storage business on Cedar Street, across from the DeWitt Recreation Area. County and city planning boards both gave the go-ahead for the zoning change.

With New York State’s blessing in hand, the Batavia City Council tonight wasted no time in approving an amended sales tax allocation with Genesee County.

By an 8-0 vote (Council Member Rose Mary Christian was absent), the board OK'd the 40-year contract that, in City Manager Martin Moore’s words, “provides a level of stability as we move forward in budget planning and strategic planning.”

Just as importantly, the agreement – which was passed by Genesee County legislators in January – gives the county the necessary time to fund a new jail and to manage the long-term debt payments associated with the building of the jail and other capital projects.

Last week, Gov. Andrew M. Cuomo signed into law Bill S4247 that allows Genesee County and the City of Batavia to enter into a sales tax allocation agreement not to exceed 40 years.

As part of the process, bonds will be issued to fund construction with a term of up to 40 years. This means that both the County and City will have assurances that, for the duration of the bonds, they can count on a distinct sales tax revenue stream.

Terms of the City/County agreement have Batavia receiving 16 percent of the county’s 50 percent share of the 8-percent sales tax – with provisions for that amount to grow in future years by a maximum of 2 percent per year.

In future years, the City’s share will depend upon sales tax revenue growth, eventually being no less than 14 percent.

The new agreement will take effect on Jan. 1, a day after the current one-year contract expires.

The vote came during a Special Business Meeting convened immediately after the regularly scheduled Conference meeting.

Three related joint agreements dealing with water supply, water treatment facilities lease and water treatment plant operation and maintenance were moved to the Nov. 12 Business Meeting.

Deer are taking up residency in the City and the time has come to do something about it.

That’s the message conveyed by City Manager Martin Moore, Ph.D., at tonight’s City Council meeting as he outlined potential steps to reduce the number of deer and the difficulties they are causing for homeowners.

“Indicators are showing that deer are establishing residential ‘homes’ in the City and its seems to be increasing,” Moore said at the end of a report to Council about his discussions with officials of the state Department of Environmental Conservation and his call to form a new committee develop a plan of action.

Moore said he has received a “verbal commitment” from a DEC wildlife management specialist to come to a Council meeting next month to advise the board on the best way to proceed in culling the deer population.

“There are specialty types of controls (to ensure) a plan approved by New York State,” he said.

At the outset of the meeting, Council heard from Pat Cooper and Russell Nephew, residents of State Street in the vicinity of Batavia High School, who both said they have been confronted by deer recently (with the latter stating that she was actually chased into her apartment by a deer).

Nephew noted that the City has had an issue with an overabundance of deer for the past five years and said the predicament “is getting worse and has actually elevated to a new level of concern.”

“The City’s past Council has done investigations and surveys and they concluded there was a problem and agreed that action must be taken, as you do now,” he said.

He reported that the Town of Amherst had a similar situation between 2015 and 2017, and by virtue of special out-of-season hunting permits issued by the DEC, reduced the herd by 571.

“This is just one example of a possible solution to the problem,” he said. “By all of us working together, we can solve this problem.”

Nephew then took a local print media outlet to task for its publication of a satirical column last week, equating the deer to a West Side Story-like gang intimidating the residents of State Street.

“Instead of making an editorial joke of a situation that occurred, just report it as it happened,” he said. “I know all about your First Amendment rights, but your first responsibility is to your readers to bring them an unbiased representation of the event.

“Jumping right into an editorial opinion gathered from second- and third-hand information is unprofessional and unethical. Your quest to garner readers through your attempt at humor slid by this time, but will it lead to tragedy if the problem is ignored?”

Following the meeting, Moore elaborated on the steps going forward, adding that he hopes to have it in place within six months.

“Our exact steps right now is that tomorrow I will be asking the City Clerk to put out for applications for the public to be able to be on a deer committee -- it’s open to the public,” he said. “We’re going to ask them to get their applications in in a reasonably timely manner because as soon as we have enough qualified applications we will be getting them to a committee with the City Council for review – and as long as the individuals meet the residency requirements … they’ll be a recommendation that goes to the Council.”

Moore said that should Council vote to approve the establishment of the committee, they will set a first meeting right away and nail down a date (likely Nov. 12 or Nov. 25) for officials of the DEC’s Wildlife Management Division to address the board.

“They (the DEC) will look at how are urban structure is, they will look at some areas and ideas for dealing with the proper population-control measures – things that are safe, things that don’t either endanger or cause excitement at the public, but at the same time are effective,” he said. “Nothing is 100-percent guaranteed, obviously, when you take steps to control population.”

The city manager said an effective deer management plan is the goal – a strategy approved by City Council and then approved by New York State.

“Once that plan is approved at the state level, then we’re in a position to start talking about implementation,” he said. “And then we will be talking about the steps and timelines for implementation of ideas that come forward and are ultimately approved.”

As far as the extent of the deer population is concerned, Moore said he has “photographic evidence of fawns being born in people’s back yards … of deer coming out in the daytime as well as at night. We’re seeing them in every part of town.”

Moore said the wildlife specialists told him that other indicators of too many deer are when disease starts to come in and when deer show signs of being malnourished.

“But I don’t think we’ll see a nourishment issue in the City because, honestly, for deer it’s like coming to the supermarket,” he said. “We apparently grow some great stuff for wildlife. That’s going to be the challenge … how we balance this knowing the (number of) deer here and bringing it down to a manageable level.”

Photo: State Street resident Russell Nephew urges City Council to find a solution to the deer problem in Batavia. Photo by Mike Pettinella.

There's been enough talk about the deer problem in Batavia, Councilman John Canale said during Tuesday's Batavia City Council meeting after a local resident said he's been chased by a buck in his own yard during public comments.

"Forming another committee isn't going to do anything," Canale said. "We've done this before. We form a committee and the committee studies the issue and makes a recommendation and then there's no action."

It's time for action, he said.

Councilman Paul Viele's suggestion: A controlled kill. It's time, he said, to start thinning the herds that encroach on the city.

Russell Nephew, a Bank Street resident, said there's a large herd that hangs out at that end of town, in the farm fields between Genesee Community College and the city line and enter on residential property, destroying landscaping and leaving their droppings in local yards, and perhaps carrying tics that are a danger to dogs and humans.

"Those things are disheartening and I’ve put up with them but now I’ve got chased through my backyard by a deer," Nephew said. "It reared up and I got away from it luckily. A couple of days later, my 70-year-old neighbor got ran into her apartment from a parking lot. At any one time, there can be from six to 10 deer that run through there."

A resident from Avon spoke up during the council discussion and said that in Avon they've instituted a bait-and-shoot program that has rules, is regulated, and is helping reduce the herd size.

Council President Eugene Jankowski pointed out that any deer killed would have the meat from the animal donated to a food pantry in the region to help feed low-income residents.

He also blamed the growing herd sizes on fewer hunters in New York. He said more people are giving up hunting as a protest against New York's increasingly restrictive gun laws.

While council members seemed to favor some culling effort, no specific plan was approved at Tuesday's meeting.