city council

James Owen said he would gladly give away his stake in Redfield Parkway's well-known pillars as long as the City of Batavia commits to repairing the stone structures that have served as guideposts to the VA Medical Center.

"Because of my generosity, I would sell it to the City for a dollar so the pillars could be restored, and I would also give the dollar so they can pay me for that amount," Owen said with a wry smile. "That, as they would say, it's now public notice."

Owen lives at 2 Redfield Parkway, with his sister, Kathy, They along with Jim Fitch of 3 Redfield and Don Fryling of 6 Redfield spoke at Monday night's City Council meeting and were supported by several other Redfield Parkway residents.

All spoke about the pillars' historical significance and urged council members to act sooner rather than later.

"We simply don't see much of this stonework anymore ... it is the duty of our community (to preserve history)," said Kathy Owen, who added that three estimates to repair the deteriorating pillars were given to the city in 2012. "Six years and nothing has happened."

City Council was made aware of the condition of the pillars, which consist of two inner gateway-monument-style pillars and two outer posts, a couple months ago, and asked City Manager Jason Molino to explore restoration options.

James Owen said the pillars "look good from the street" but the mortar is cracking and they are "starting to fall apart."

Molino pointed out a couple of issues: (1) the outer posts are located on private property and (2) the pillars likely wouldn't qualify for grant money since they are not historically or landmark designated.

One of the outer posts is on the Owens' property and the other is on the property of Michael Riggi, whose address is 384 W. Main St. (at the corner of Redfield Parkway). 

Fitch said his mindset, as far as financial responsibility is concerned, is that the pillars "are part of one entity, and they need to be considered that way. Reparing them is a big decision with long-term ramifications."

Fryling said the structres "should be maintained."

"Don't let them deteriorate to the extent that the city park shelters did (and had to be taken down)," he said.

All of the council members voiced their support of the restoration project, and some mentioned the unique nature of Redfield Parkway, with its pillars and full-length island leading from West Main Street to Richmond Avenue (and the VA Medical Center), and also spoke of the work of the Redfield Parkway Association members who put up flags, flowers and Christmas trees throughout the year.

Molino had suggested an assessment of the situation by engineers or a masonry company experienced in stone pillars. He also talked about acquiring a permanent easement from the two property owners to give the City the ability to repair and maintain the structures.

"If you're going to do it, do it the right way," he said. "Make the right investment that will be lasting."

In the end, City Council President Eugene Jankowski directed Molino to get some "pretty hard costs," adding that "we don't want to wait until January of next year, and we want regular updates."

Molino said he would have detailed information by the January Conference meeting -- noting that an assessment could come with a financial cost --- and said a decision could be made by spring and put out for bid.

Afterward, James Owen said he liked what he heard from Council.

"Well, I believe they're on the right track," he said. "I hope within a year the pillars of Redfield will be repaired so the community can see the future. I think it will be a big project, but with the proper people doing it, it should be done efficiently and up to code, and also it will last for another 105 years."

Photos at top -- James Owen, holding a piece of the mortar that fell out of one of the Redfield Parkway pillars, and his sister, Kathy, speaking to City Council. Photos by Mike Pettinella.

What can be done about the deteriorating masonry pillars, walls and lighting that welcome motorists and walkers onto Redfield Parkway from West Main Street?

Batavia City Council members are expected to learn more about that situation tonight when they meet at 7 p.m. at City Centre Council Chambers.

In a memo to the board by dated Nov. 8, City Manager Jason Molino recommends that the city seek funding streams to conduct a “condition survey” of the four structures that make up the Redfield Parkway pillars – two inner gateway-monument style pillars and two outer posts.

He wrote that a grant from the Preservation League of New York State is a possibility, along with historical preservation grants from the Rochester Area Community Foundation and the Community Foundation of Greater Buffalo. The grant amounts range from $3,000 to $50,000.

One snag, however, could be that the pillars are not “historically or landmark designated,” Molino wrote.

Also, while the two monument pillars (equipped with lighting structures) are located in a public right-of-way and are owned and maintained by the City, the two outer posts are located on private property. All are showing signs of disrepair, with cracked and missing mortar.

“The condition of these posts varies, ranging from visible cracking of mortar to the removal of several stones,” Molino wrote. “After a review of the individual deeds of each property, it has been determined that the outer posts are individually owned and maintained, and are responsibility of each property owner.”

The condition of the pillars was brought to Council’s attention in September by Councilman Robert Bialkowski, who was responding to a letter he received. He proposed using $52,000 in funds earmarked for community development initiatives to fix them.

Tonight’s agenda also includes a proposal by Molino to apply for up to a $1 million grant from the Restore New York Communities Initiative to put toward the redevelopment of the vacant Old Engine House on West Main Street into a commercial/residential building.

Molino, in a memo dated Nov. 22, wrote that he has had discussions with officials from Batavia Development Corporation, Genesee County and potential developer Thompson Builds to rehabilitate the 14,425-square-foot historic structure.

Genesee County owns the property, but is “prepared to declare the property surplus should the project be funded and move forward,” Molino wrote.

Council will be asked to vote on a resolution tonight (during a special business meeting) to schedule a Dec. 4 public hearing for the project.

Batavia City Council has begun talks with City Manager Jason Molino to renegotiate his contract.

Council President Eugene Jankowski confirmed following tonight’s meeting at City Centre that the subject of Molino’s pay and contract was part of an executive session held before the 7 o’clock meeting – and that talks will continue until both parties reach an agreement.

“Jason’s present contract is over 10 years old and has no expiration date so, during talking with Council, we decided that we wanted to propose another contract negotiation with Jason,” Jankowski said. “Jason drew up a contract and presented it to Council, and we’re now in the process of going through that contract and making a counterproposal.”

Last month, Council voted 5-4 against giving a 2.75 percent raise to Molino, who was hired in 2006 as assistant city manager and became the city manager shortly thereafter. His current salary is $93,782.

Jankowski said he expects the new contract to be a three-year or four-year pact – that’s still up in the air – a switch that would put an end to the yearly, somewhat contentious salary situation.

“As it looks like it’s presented and from what I’ve seen so far, that’s a strong possibility that the salaries will be more incremental over a period of years, instead of yearly budgeted,” Jankowski said.

“It will be similar to a police or a fire or a DPW contract – a period of time with set amounts already in there -- so we can forecast in our budget what to expect over the next so many years (and) so we’re not blindsided by any unnecessary costs each budget year. We’ll know ahead of time where we’re going and where it’s going for.”

The council president said a three-member committee of Council members Adam Tabelski, Rose Mary Christian and Robert Bialkowski met with Molino to get the ball rolling.

“They had the initial meeting with Jason and listened and brought it back to council,” he said. “And we listened. My goal is to get this done by the end of this budget year (March 31, 2018), and start with the new contract at some point.”

Jankowski said he wasn’t sure if the agreement will include retroactive benefits, adding that Council “will have the lawyers look at it and then do the counterproposals -- and go back and forth between Jason and Council."

During the Business meeting, Molino reported that the interview process for the new assistant manager is ongoing. Batavia has been without an assistant manager since July when Gretchen DiFante resigned to take a similar position in the state of Alabama.

Jankowski said he’s in favor of a full-time assistant manager although the City Charter does not indicate the number of hours for the authorized position.

“Because of the city of our size, I believe that an assistant manager is helpful in the event that the manager is unavailable,” he said. “A part-time assistant manager might not be ready to jump into the reins, to jump into the job that needed to happen.”

In other developments, Council:

-- Approved a new contract with the City’s 35 Department of Public Works, wastewater and water treatment plant, highway and parks employees (American Federation of State, County and Municipal Employees union).

The one-year collective bargaining agreement that begins on April 1, 2018 provides the employees a 1.75-percent salary increase, a $450 uniform credit, and reopens talks should sales tax distribution affect the workers. The impact upon the City budget is $38,000.

-- Accepted a $218,000 bid from Hohl Industrial Services Inc., of Tonawanda, to replace and rebuild the traveling mechanical screen and the cyclone grit classifier at the Wastewater Treatment Facility.

-- Approved five resolutions transferring various amounts to complete capital projects ($20,000), to the public works equipment reserve fund ($50,000), to the Ellicott Trail pedestrian/bicycle project ($146,000), to the sidewalk reconstruction fund ($25,000) and to the administrative services equipment and software reserve fund ($300,000).

-- Voted to amend the fire department budget to reflect the receipt of a $236,072 grant from the Federal Emergency Management Agency to buy 24 self-contained breathing apparatus units – replacing the ones that have outlived their usefulness.

The grant also provides money to purchase a Pak Tracker system that is used to locate a firefighter who becomes missing or trapped in a dangerous environment.

-- Authorized the City to contract with the state Department of Transportation to complete construction phases of the “Healthy Schools” project in the amount of $982,238, of which 75 percent will be reimbursed to the City.

The pact calls for the early 2018 replacement of 12,300 feet of sidewalk for Liberty Street from East Main Street to Morton Avenue, and Washington Avenue from Ross Street to Bank Street.

-- Heard a brief report from Council Member Rose Mary Christian about the “marvelous” program being offered to youth at City Church’s property on Liberty Street (St. Anthony’s). Christian estimated that 300 children participated in various activities, including basketball, dance and ping pong.

Eugene Jankowski, Robert Bialkowski, Adam Tabelski.

City Republican leaders and supporters were in a celebratory mood tonight at City Slickers on Main Street after learning that Batavia voters sent their three incumbent candidates – Eugene Jankowski, Robert Bialkowski and Adam Tabelski – back to City Council for another term.

In an eight-person race for three at-large seats, Jankowski (the sitting City Council president) tallied 1,101 votes, Bialkowski 1,069 votes and Tabelski 912 votes, according to unofficial results compiled by Republican party committee members.

Bill Fava, a former City Councilman, placed fourth with 788 votes, followed by fellow Democrat Brad Eddy (563) and the three Libertarian Party candidates – Lisa Whitehead (409), Jim Rosenbeck (407) and Mark Potwora (249).

In the contested race for the District 9 seat (City Wards 4&5) on the Genesee County Legislature, the unofficial count showed former Genesee County Sheriff Gary Maha, a Republican, drawing 364 votes to incumbent Democrat Edward DeJaneiro Jr.’s 302 votes, with 79 absentee ballots yet to be counted.

"We're very pleased with the results, and very confident that Gary (Maha) has beaten a good and tough candidate for the Legislature seat, and that the other (City Council) candidates won by a decent amount," said City Republican Party Chair David Saleh, crediting his committee for their hard work during the campaign.

Republican Message: Let's Get Back to Work

All three City Council winners said that the results indicated that the voters are happy with the job they have been doing, and that they need to stay the course.

"We appreciate all the support we have had across the city and now for us, it's back to work," Tabelski said. "We've got a lot of great things going on in the city. We've got a major focus right now on downtown revitalization. We have infrastructure projects going and, for us, it's back to work."

Jankowski said that he was glad that people are supporting what the Council has been doing, also mentioning the pending infrastructure projects and downtown revitalization plans.

"It's good to hear that the people are behind us ... and we're on the right track. We're doing what they want us to do."

Bialkowski talked about the time and effort put in by his party as a deciding factor.

"I think when the voters speak, people need to listen," he said. "One of the things that we did as the Republican party -- we worked very hard, we abided by all the laws and ordinances of the city. We didn't put our signs in parkways or put them on people's property without asking.

"We had a clear message -- we're working hard. We may not do everything right all the time, but we're sure trying."

He also gave a lot of credit to Saleh.

"On the city side, our city Chairman Dave Saleh deserves a lot of credit," Bialkowski said.

"He's worked very hard with us, and given a lot of his personal time. He's gone out and handed out materials door to door. He's had quite a few meetings. He's helped us all along the way ... And it was a real learning curve for him, too." 

Eddy, Libertarians Keep Their Chins Up

Eddy, a political newcomer, was optimistic in defeat, stating that he enjoyed campaigning and kept the door open for a future run.

"I really enjoyed getting out and meeting a lot of people in the community," he said. "There’s a lot of great ideas, a lot of people that are unhappy with the progress we’ve had so far. So that kind of motivated me to getting out there and campaigning – and really getting to know the community a little better and getting my ideas out there as well."

He said the "lack of name recognition" likely hurt his chances, but he also tipped his cap to the diligence of Batavia's leaders in the area of economic development.

"(Them) getting that $10 million – they’ve been working very hard for that -- for the downtown revitalization. (It seems that voters) wanted the status quo, and wanted things to go the way that things have been … until next time."

The three Libertarian candidates, running on a platform to replace City Manager Jason Molino, understood that they had an uphill climb, but, speaking at T.F. Brown's, remained steadfast in their quest to have an impact on city government.

"It's a platform that we believed in (and) we continue to believe that," Rosenbeck said, "The people chose a different path and we wish the incumbents who were re-elected well.

"We will be back here again in two years and four years. We're making incremental gains and we expect to continue to do that."

Potwora said the Libertarian trio "did a lot of work, we canvassed a lot of people, we met a lot of good people and we feel we did make some impact on City Council."

"We did show up at a lot of City Council meetings, and we just believe that we were a good voice for the people of Batavia who supported us in this race. It's kind of tough being a third party, but we feel we did the hard work that was needed."

Maha Back in the County Ring

Maha, who retired on Dec. 31 after seven terms as sheriff, said he's ready to resume working for the people should his lead over DeJaneiro hold up.

"As you know, I retired the first of the year, I got all of my work done around the house and now I have time to do something and I feel that I want to represent the people here in Wards 4 and 5 in the City of Batavia," he said,

While saying he's not pushing for a particular type of new jail, Maha did stress that something needs to be done.

"With the Legislature there are a lot of issues out there. I know my opponent tried to make the jail an issue. And the media never talked to me about what my position was on the jail, it came from him, I tried to explain that to (a media outlet)."

He said that all options are on the table, and that the Legislature has addressed the jail issue.

"Still, the state commissioner of corrections has said you need to do something with your jail," he said.

"It could be a shared jail with another county. Orleans County at the present time hasn't committed to have a shared jail yet. The county has a study out there for a jail. It's kind of premature that it will be a shared jail or a stand-alone. That's something that the full Legislature has to address, not just me."

"I'm no longer sheriff. I'm not pushing for a new jail. My job is to look out for the taxpayers, and ... I will represent them to the best of my ability."

In another contested races:

Town of Le Roy -- Former Councilman John Duyssen defeated incumbent Michael Welsh for Town Justice by 79 votes, and Town Council: Incumbent David Paddock won one of two council seats, with the other going to newcomer James Farnholtz.

Town of Bergen -- James Starowitz and Mark Anderson won Town Council seats;

Town of Bethany -- Incumbent Town Justice Thomas McBride defeated challenger Joseph Nowakowski.

Town of Byron -- Roger Rouse over Gerald Heins for Town Supervisor.

Town of Stafford -- Newcomer Julie Scheuerlein defeated Michelle McEwen by a wide margin for Town Clerk, and incumbents Ronald Panek and Robert Mattice were returned to their Town Council posts.

Gary Maha, center, checking out the unofficial vote total.

Paul Viele and Jack Taylor go over election results.

Genesee County Democrats at Smokin' Eagle in Le Roy -- Rob Stiles, Mike Welsh, Nikki Calhoun, Brad Eddy, and Anne Sapienza.

Libertarian Party candidates Lisa Whitehead, Jim Rosenbeck, Mark Potwora. Photos by Howard Owens.

Three at-large City Council seats are up for election Tuesday. There are eight candidates. We asked each candidate to answer five questions and this morning we published their answers verbatim. 

Below are links to each candidate's response:

• Q&A with City Council candidate Eugene Jankowski
• Q&A with City Council candidate Adam Tabelski
• Q&A with City Council candidate Jim Rosenbeck
• Q&A with City Council candidate William Fava
• Q&A with City Council candidate Lisa Whitehead
• Q&A with City Council candidate Bob Bialkowski
• Q&A with City Council candidate Mark Potwora
• ​Q&A with City Council candidate Brad Eddy

Three at-large City Council seats are up for election Tuesday. There are eight candidates. We asked each candidate to answer five questions and we are publishing the answers verbatim.

Here is the Q&A with Brad Eddy.

If elected, what’s your #1 priority? Our community is my priority, so I plan to always listen to and be the voice of the people in our area. As I have met so many great people across the city, I have heard many times, “No one hears us or cares what we think.”  I want to change that perception by being a true progressive voice for our community and city.

There has been great progress in the city toward revitalizing the core downtown business community. What will you do to accelerate the revitalization process? I will be a strong advocate towards continued downtown development, as well as citywide revitalization. To help accelerate the process, I will work collaboratively with the city and other local officials/entities to prioritize the 10 million dollars the city has received from the state. I will ensure that the money is going to projects that increase the appeal and standard of living for current and future city residents.

What services currently provided by the city should be cut or eliminated, if any? How and why? I am committed to reevaluating the amount of resources that are given to services by the city and redistributing them to make the most sense/impact for our community.

What business, leadership, or economic training and experience do you have that make you more qualified for a job on the City Council over other candidates? I have spent my professional career leading businesses, both large and small, in the area of Human Resources. I hold a Bachelor’s Degree in Business, Human Resource Management from Western Governors University, and I hold two Human Resource certifications, a project management certification and am a proud graduate of the Leadership Wyoming class of 2014.  I am currently completing my Master of Jurisprudence in Labor and Employment Law from Tulane University Law School.

Being in Human Resources, I am charged with balancing what is right for a business with the needs of their employees. This position has prepared me for the role on City Council. I have the expertise and skills of listening to both sides of an argument while maintaining objectivity and providing unbiased proposals for the best outcome.

What one, two, or three books first published within the past 250 years has most influenced your thinking about society and government? When it comes to holding an elected position in government, the community’s residents often look to their officials to represent their best interests and act as a leader. I have read many leadership books throughout my career, and The 360 Degree Leader by John Maxwell is one that I feel has influenced me the most.

In Maxwell’s work, he teaches that most often the best place to lead is from the middle.  Leadership is not as much about the position you hold as it is about your disposition. I have learned the importance of approaching every situation the right attitude, building strategic relationships, envisioning long-term goals, and dedicating myself to see those goals through to completion. Maxwell’s writing has shaped my perception of what a leader should embody and how I as a leader can have a positive influence on our community.

Three at-large City Council seats are up for election Tuesday. There are eight candidates. We asked each candidate to answer five questions and we are publishing the answers verbatim.

Here is the Q&A with Mark Potwora.

If elected, what’s your #1 priority? My first priority, if elected, would educate myself on the protocol for being a member of city council.
I am running on a platform of replacing the city manager. In my opinion, he has presented budgets with higher tax levies year after year.
All this as council cut trash and ambulance services and privatized them. Which I did agree with. We were told that they were big budget items. The incumbents at large have also been on board with these increases in the tax rate. Also, I feel that his solution to the mall is just doubling down on ownership as the answer to all the mall problems. All the city did was agree to do what they were expected to do in the beginning and that maintain the concourse which he didn't do and now ten years later the problem is going to cost more then if the city had been doing it in the first place. Also, it cost the taxpayers more in court and lawyer fees. We need a new manager with skills and vision to not allow in this case the mall, to go to this extreme to be solved. We need a manager responsible to the people. He works for us. As I walked many streets going door to door talking to hundreds of residents getting signatures and introducing myself for the most part the underlying theme I heard was it is was time for a new manager and that we should be out of the mall business and our tax rate should be lowered. No one said we need more brewery/restaurants. In the end, it is all about change at the top and that would be replacing the city manager

There has been great progress in the city toward revitalizing the core downtown business community. What will you do to accelerate the revitalization process? First off I don't know what core businesses you mean. When I look at Main I see a bar/restaurant trying to open for the last couple of years with the help of taxpayer dollars. I see empty storefronts (Carrs building, hair salon and another empty building on the corner. On Jackson, there are a few others. Across the street, I see a mall with many empty storefronts. In fact, the city owns nine of them. No revitalization there. Just a statement that someday they will be filled. I would rather see lower tax rate for all businesses, not just a select few that get abatements or grants. The BID should be part of the solution but that is just another tax on a business which some would say with little results. BDC seems to function as an extended arm of the GCEDC. Seems they need the involvement the GCEDC to move forward on a project. Ex is Arby's. So I would say why are we funding the BDC? Eliminate it and save the taxpayer some money. 

What services currently provided by the city should be cut or eliminated, if any? How and why? What is the role of city government? Those that live here decide what services they need and can afford. I can only ask for more efficiency in all city departments (DPW, police, fire) after all those who work in those departments are more apt to know where the process can be done better. I don't mean managers I mean those who fight the fires, patrol the streets and maintain the infrastructure. They should be rewarded or compensated for saving taxpayers money.

What business, leadership, or economic training and experience to you have that make you more qualified for a job on the City Council over other candidates? I have worked for a major corporate-owned business, been a member of a union for 30 years, held office statewide for a political party. But I would say what is most important is the many years I have lived in this city. Paid property taxes. Raised a family. Balance my budget every year. Learn how to live with in my means. So I do understand what is takes to maintain a home here in Batavia. I have no conflict of interests.
I do see how many are struggling to pay the taxes that the city imposes on them. but too many are on fixed incomes and are having a hard time making ends meet to stay in those homes that they raised families in for many years.

What one, two, or three books first published within the past 250 years has most influenced your thinking about society and government? 
Harrison Bergeron, by Kurt Vonnegut It is a story essay that in reading it I can see where government can take us. That to get equality you need government control. Which IMO is dangerous.

Don't Hurt People And Don't Take Their Stuff, by Matt Kibbie. Title says it all.

Three at-large City Council seats are up for election Tuesday. There are eight candidates. We asked each candidate to answer five questions and we are publishing the answers verbatim.

Here is the Q&A with Bob Bialkowski.

If elected, what’s your #1 priority? My #1 priority is to continue to represent the interest of the citizens of Batavia.

There has been great progress in the city toward revitalizing the core downtown business community. What will you do to accelerate the revitalization process? I will work to build the infrastructure that is needed to revitalize all of the community, not just downtown. The best thing government can do for business is to not interfere but to simplify overcomplicated rules and regulations. Our new comprehensive plan should be a step in that direction.

What services currently provided by the city should be cut or eliminated, if any? How and why? This is for the community to decide. As of this time I have had zero requests to cut any services.

What business, leadership, or economic training and experience to you have that make you more qualified for a job on the City Council over other candidates? I have owned two corporations and have over 40 years of business experience. I retired as an Army officer with 30 years of service and have taken many leadership courses through the years. As an Army Master Aviator and a civilian Commercial pilot with over fifty years experience, I am accustomed to making vital decisions. I still serve as a Coast Guard Auxiliary “Aircraft Commander”.

What one, two, or three books first published within the past 250 years has most influenced your thinking about society and Government? 

1. His Finest Hours by Graham Stewart. (The War Speeches of Winston Churchill).  

2. Benedict Arnold’s Navy by James L Nelson. (The Rag Tag Fleet that won the American Revolution).

3. Hit the Target by Bill Yenne. (8 Men who let the Eighth Air Force to Victory over the Luftwaffe).

These books were all written about great men in history that accomplished huge deeds for their countries. These three books verify that government as a whole does very little for the people but the people themselves with great resolve can accomplish monumental achievements. In the case of Winston Churchill, one man that was a great Statesman rallied not only his own country but the United States to stand up against tyranny. It is unfortunate that today there are few if any Statesmen in the world. The people should remember that it is their government and it must always be held in check and accountable at all levels.

Three at-large City Council seats are up for election Tuesday. There are eight candidates. We asked each candidate to answer five questions and we are publishing the answers verbatim.

Here is the Q&A with Lisa Whitehead.

If elected, what’s your #1 priority? Undoubtedly, it must be to move Batavia in a new direction.  For years, small business in the city has been struggling.  We have a couple of businesses coming into Batavia through tax abatement programs that are seen as our future.  We will need to see how they impact the city’s tax revenue and that won’t be for years down the road.  Too often you see businesses that move into an area because of a tax abatement incentive, leave when that incentive is gone.  Meanwhile, existing businesses that have been struggling for years will continue to struggle because they are not deemed worthy of the city’s financial help.  Having the taxpayers and existing businesses subsidize other businesses through tax abatement has to stop.  Further, it is critically important to identify and remove obstacles that small business owner’s face here in the city.  We need to reduce the number of regulations that prevent the growth and revitalization of our business district. 

There has been great progress in the city toward revitalizing the core downtown business community. What will you [do] to accelerate the revitalization process? I don’t see “great” progress.  Receiving the DRI grant money may be viewed as a boon to the city but it won’t be used to get rid of the greatest eyesore in Batavia.  We need to get out of property ownership and this means the Mall.  To do this, we need a new manager.  This is nothing personal against our current manager.  However, under his guidance, our city’s comprehensive plan has us doubling down on this money pit—including the proposal of the second story for apartments.  Do we really think this is going to improve the “look” of the city?  We need a manager that will get us out of the Mall business - not reinvest taxpayer money year after year, into this failing structure. 

What services currently provided by the city should be cut or eliminated, if any? How and why? No one ever likes to hear that services are going to be cut or eliminated, and I am not sure that we have to eliminate any, but it is clear that these services need to be closely managed.  One way to manage these is to look for creative ways to reduce expenditures.  Reduced spending by sharing services may be one way to slow growth in the city budget.  For example, department heads are currently performing the duties that would normally be the responsibility of the Assistant City Manager and in so doing, have demonstrated that the city does not necessarily need this position.  The City Charter may require this post but it doesn’t necessarily have to be the task of a single individual. 

What business, leadership, or economic training and experience to you have that make you more qualified for a job on the City Council over other candidates? My qualifications are many and varied.  Besides the fact that I have lived in the city for 20 years and regularly attend City Council meetings, I am also an active member of the Genesee County Libertarian Party, the DAR, and my local union chapter.  Over my lifetime, I have worked for both small and large businesses and in both public and private sectors.  I have experience managing people at the department level in private industry as well as experience working in committees.  I currently manage a budget as the elected treasurer of my union as well as manage a household budget.  All of these skills developed over the last 30+ years, and a degree in political science has prepared me for this opportunity to serve the people of Batavia.

What one, two, or three books first published within the past 250 years has most influenced your thinking about society and government? I like history, so my answer would be anything written around the time of the Revolutionary War.  Since learning in high school that a member of my family fought in the Revolution, I have been interested in the writings of that period.  In particular, I am interested in the philosophy behind documents like the Bill of Rights.  To me, this document represents the clearest attempt of any group of people to define individual freedom.  I respect that and feel it’s time that we get back to our roots and commit ourselves to protecting the rights enumerated by this historic and timeless document.  

Three at-large City Council seats are up for election Tuesday. There are eight candidates. We asked each candidate to answer five questions and we are publishing the answers verbatim.

Here is the Q&A with William Fava.

If elected, what’s your #1 priority? My # 1 priority is to represent ALL the taxpayers in the City of Batavia to ensure that our City government is providing a high level of service in a “Customer Orientated” efficient and effective manner.  Whether it is a small problem or a big problem, all concerns from the taxpayers of the City need timely action and response.

There has been great progress in the city toward revitalizing the core downtown business community. What will you do to accelerate the revitalization process? Yes…the City and Downtown representatives have initiated great steps in the revitalization process.  But we cannot become satisfied with where we are; we have to keep moving forward and invite more discussion with business and potential business owners.  The City needs a more aggressive and innovative approach to incorporate more business into the center of the City.  It would be great to not have any vacant storefronts, vacant property for development, or empty parcels in the mall.  We have to engage City, County, State, financial/banking institutions, and our Chamber of Commerce to provide a financial process to give potential owners a short period of financial assistance to provide a “startup” period.   The assistance could be in lower property rental cost for a period of time or assistance in purchasing a piece of land or building.  We have many people who wish they could start a business but have a problem in the initial start-up costs.  Historically, if a business can survive the first two or three years of their business plan, the percentage of continued success and growth will be on their side. The process is simple, we all need to work together to improve the core of downtown Batavia.  Many people have ideas for improvement.   Let’s listen and give them the opportunity to work together.

What services currently provided by the city should be cut or eliminated, if any? How and why? The Assistant City Manager has announced her departure a few months back.  I would not replace.  I think the City should either employ two or three part-time experienced individuals with Public Administration backgrounds.   We are a City with many qualified citizens being retired; they just might want to be involved.  They could be tasked to work on special projects and backfill the City Manager with assistance. Another suggestion would be to open the position to local universities for an internship experience in Public Administration.  Either method would eliminate the position cost and provide extra hands for the busy City Manager.

What business, leadership, or economic training and experience do you have that make you more qualified for a job on the City Council over other candidates? I believe that with my educational background (BA degree in Finance/Business and a Masters degree in Health Administration/MHA), I have a solid background supporting my 40 years of business experience in Human Resources, Accounting, and Supervision.  My military experience has provided me many opportunities to successfully complete assigned missions and to lead subordinate personnel in peacetime or in a war zone.  In addition, I previously held a Batavia City at Large Councilman position from 1991 thru 1994.  With my experience from Business, Military, Education and previous experience as a past Councilman, I feel uniquely qualified for a position on City Council.

What one, two, or three books first published within the past 250 years has most influenced your thinking about society and government? The first book influencing my thinking is by Robert D. Putnam entitled BOWLING ALONE—THE COLLAPSE AND REVIVAL OF AMERICAN COMMUNITY.  The book explains the civic engagement decline in the United States in political, civic, religious, and connections in the workplace participation providing a suggestive path toward change and not forgetting our usage of technology and mass media in a modern society.  The next book is by W. Edwards Deming entitled OUT OF THE CRISIS.  The book explains the needed transformation of various business sectors in the United States to once again compete in the global business world through drastic “Quality and Productivity” improvements.  The transformation includes improvement in government operations and a warning about politicians concerned with the next election and not doing the right thing for the people they represent for the sake of a successful future election.  Finally, the book that had a large impact on my thinking was written by John F. Kennedy entitled PROFILES IN COURAGE.   Kennedy provided a collection of actions represented by people that disregarded negative consequences to their public and private lives to do the one thing that seemed right in itself.  The decision made was not always the most popular or demanded by a superior, but it was the right thing to do.  All these books have provided something to my thinking and personality in dealing with today’s society.  

Three at-large City Council seats are up for election Tuesday. There are eight candidates. We asked each candidate to answer five questions and we are publishing the answers verbatim.

Here is the Q&A with Jim Rosenbeck.

If elected, what’s your #1 priority? My first priority will be to observe and learn.  My next priority will be to replace the current City Manager.  This is not personal. It is strictly business.  If the city were a private business, the city manager would have already been replaced based on performance. The incumbent council members at large rate the manager’s performance highly and have lobbied to raise his salary. I disagree. Here are the facts; In 2005 the property tax levy in the city was 3.4 million dollars.  In 2017, that levy is 5.2 million dollars. This represents a 52% increase in the property tax levy on property owners.  During this time, we lost trash services and saw more vacant storefronts appear on Main Street.  Taxpayers spent untold dollars on mall litigation and assumed ownership of several parcels within the mall due to delinquent taxes.  We have failed to maintain that infrastructure and have no plan to exit the mall business.  Indeed the City’s agreement with the Mall merchants calls for doubling down on the taxpayer’s investment.  A new Comprehensive Plan (available on the City website) calls for adding a second story on the mall. Batavians are best served by council hiring a new city manager who better understands the needs of the community. 

There has been great progress in the city toward revitalizing the core downtown business community. What will you do to accelerate the revitalization process? I question this premise.  There is an old saying.  It goes like this; “In God we trust. Everyone else should bring data.”  Where is the data? There has been great promise of progress…most of that is unrealized.  Economic Development programs have been a failure locally and statewide. The city now owns nine properties inside the Genesee Country Mall in addition to the concourse that we have failed to maintain.  We have embraced bad economic policies which shuffle taxpayer money from one hand to another in a zero-sum game.  The devil is in the details with this smoke and mirrors economics.  

What services currently provided by the city should be cut or eliminated, if any? How and why? l will start with this basic premise; People know how to spend their hard earned money better than government.  What are the basic functions of a city government? Better yet, what do the people who pay the bills want from city government?  I have been knocking on doors in the city since mid-July.  Not a single person has told me they want an electric car charging station.  The current leadership is out of touch with the people of Batavia.  They are too busy trying to remake Batavia into a city like Saratoga. Real people want our infrastructure maintained and public safety provided at the lowest possible cost to taxpayers.  Given that government has proven over and over again that it doesn’t understand basic supply and demand economics, it should refrain from anymore shameless meddling.   Avoid unnecessary entanglements with Albany.  Reward efficiency and look for ways to share services.  Ask where we can utilize a volunteer component to help offset costs.  I am not on a mission to eliminate any services.  I am committed to delivering services more effectively and efficiently.

What business, leadership, or economic training and experience do you have that make you more qualified for a job on the City Council over other candidates?  One of my first economic lessons was as a paperboy delivering the Buffalo evening news.  There I learned that if a customer paid for the month in advance I couldn’t spend that money without consequences later on in the month. I had to learn to live within my means.  City government should similarly learn to live within it means. But it doesn’t.  it just keeps on returning to the customer and asking for more money.   I could roll out a simpler answer here citing a handful of college degrees and my career accomplishments.  But why pander to a handful of elitists who think that only a privileged few are qualified to represent the people?   I run for office as a friend of the common man and woman.   I am not beholden to any special interests or political parties. My promise is to exercise common sense and serve the interests of the people of Batavia. 

What one, two, or three books first published within the past 250 years has most influenced your thinking about society and government?  Henry Hazlitt’s “Economics in One Lesson.” has been a big influence on my economic thought.  I wish this book was required reading for those serving in public office.  Here is a quote from Hazlitt that summarizes the one lesson that public officials should humbly understand; 
“The art of economics consists in looking not merely at the immediate but at the longer effects of any act or policy; it consists in tracing the consequences of that policy not merely for one group but for all groups.” -Henry Hazlitt

Hazlitt states this perfectly. Government fails to get the big picture. Our representatives often fail to understand that they can’t use the people’s money to do one thing without there be a corresponding disincentive for someone else. Let's elect leadership that gets the big picture.

Three at-large City Council seats are up for election Tuesday. There are eight candidates. We asked each candidate to answer five questions and we are publishing the answers verbatim.

Here is the Q&A with Adam Tabelski.

If elected, what’s your #1 priority?  The #1 priority for next year is to address the expiring sales tax and water agreements with the County.  Sales tax sharing from the County is the City’s largest revenue source, even greater than property taxes.  A consensus must be reached because the City’s fate is central to the County’s fate.  We will also begin to implement Batavia’s new comprehensive plan, which lays out a number of objectives to move our City forward.   

There has been great progress in the city toward revitalizing the core downtown business community. What will you do to accelerate the revitalization process?  Winning the $10,000,000 Downtown Revitalization Initiative, a historic settlement with the Mall Merchants, substantial commitments of private investment (e.g. Eli Fish Brewing, Ellicott Station), new and growing small businesses, and a dynamic BID is all signs pointing to the fact that Batavia’s downtown is on the right track.  Day by day, we are making strides to reverse the physical and economic destruction caused by ‘urban renewal’ and create a true rejuvenation.  The immediate task for me and my colleagues on Council is to make sure the $10,000,000 prize is invested wisely in order to trigger additional private sector investment.  We also need to maintain our relationship with the Batavia Development Corporation, the GCEDC, and other partners who are poised to make economic development projects happen.  The recently created the Pathway to Prosperity is a great example of how we can creatively drive resources to make downtown more ‘development-ready.’ 

What services currently provided by the city should be cut or eliminated, if any? How and why?  Notwithstanding the uncertainty of the sales tax and water questions, the City is in a strong financial position.  I sense no widespread need or desire to put services on the chopping block.  Actually, what I hear most from residents is a desire for more services—more street and sidewalk repairs, more park improvements, more policing, more code enforcement, etc.  These are the things that contribute to our quality of life.  So we try to drive as many financial resources to these services as possible while avoiding overburdening taxpayers.  It’s a balance.  Still, I am always in favor of exploring new and efficient ways to deliver these services, particularly through leveraging new technologies and focusing on shared services with neighboring municipalities or the County.  The County, with the participation of the City and other municipalities, will be developing a shared services plan over the next year to further help identify and implement opportunities for more sharing of services.

What business, leadership, or economic training and experience to you have that make you more qualified for a job on the City Council over other candidates?  Life is the best teacher.  I have worked in the public sector, in the office of a state legislator, trying to help constituents and influence public policy.  I have served in local government, as a trustee and mayor (in Medina) and as a Councilman (in Batavia), finding common-sense ways to improve a community.  I now work in the private sector, helping to grow an established firm.  I have served in the military and learned lessons about teamwork, integrity, and sacrifice.  These experiences give me a broad frame of reference when considering issues before the City of Batavia. 

What one, two, or three books first published within the past 250 years has most influenced your thinking about society and government?  Walden by Henry David Thoreau; John Adams by David McCullough; Our Town by Thornton Wilder.

Three at-large City Council seats are up for election Tuesday. There are eight candidates. We asked each candidate to answer five questions and we are publishing the answers verbatim.

Here is the Q&A with Eugene Jankowski.

If elected, what’s your #1 priority? My number one priority is to maintain fiscal responsibility with proper budgeting while providing essential services and continued support of Downtown development.  

There has been great progress in the city toward revitalizing the core downtown business community. What will you do to accelerate the revitalization process? I will work to ensure the Downtown Revitalization Grant is properly fulfilled to maximum effectiveness and continue the City Council mission. “Our mission is to create and sustain a vibrant, affordable, safe community where people choose to live and work and where, through a supportive environment, businesses continuously flourish.”

What services currently provided by the city should be cut or eliminated, if any? How and why? Each year during the budget process council members go through the draft budget line by line with Department heads and every expense must be justified.  This is an efficient process that in past years has identified areas of duplication that needed to be trimmed. Budgets the last 3 years have maintained essential services with healthy reserves, along with a reasonable amount of unassigned fund balance.  The City of Batavia has also received the Government Finance Officers Association of the United States and Canada (GFOA) Distinguished Budget Presentation Award for its budget presentation for the third consecutive year. This year we were able to use some of those reserve funds to purchase a new fire truck and avoid thousands of dollars in additional finance costs.  At this time I believe services are right where they need to be and I support continued fiscal responsibility.

What business, leadership, or economic training and experience to you have that make you more qualified for a job on the City Council over other candidates? I’ve patrolled the streets of Batavia as a police officer / Lieutenant/ Emergency Response Team (ERT) Commander for over 33 years. ERT required 100’s of hours of additional specialized training along with advanced decision-making skills and critical thinking under pressure.  I’m a college graduate and a graduate of the 198th session of the FBI National Academy. The FBI academy included advanced leadership and management courses. 

What one, two, or three books first published within the past 250 years has most influenced your thinking about society and government? I haven’t read any books that have influenced my thinking on government or society. However “Lincoln on Leadership. Executive Strategies for tough times.” Has had an influence, as well as aided my leadership skill development. It has proved useful in my role as Council President and serving our community.

As expected, resolutions calling for more than a half-million dollars to be allocated for special projects -- as well as others to accept a $236,0000 firefighters grant and to complete the final phase of the “Healthy Schools” sidewalk plan – were kept on the table by the Batavia City Council at its Conference meeting on Monday night.

Council, by unanimous agreement, moved to its Nov. 13 Business Meeting proposals that earmark $541,000 in unassigned funds to the Department of Public Works equipment reserve ($50,000), sidewalk reserve ($25,000), administrative services equipment and software reserve ($300,000), street resurfacing project ($20,000) and the Ellicott Trail project ($146,000).

Scroll down to see a previous story on The Batavian for details.

The board also agreed to consider resolutions accepting a $236,000 FEMA Assistance Firefighters Grant for the purchase of 24 self-contain breathing apparatus units – replacing the ones that have outlived their usefulness, account to Chief Stefano Napolitano.

Additionally, the grant will allow the department to purchase a Pak Tracker system that is used to locate a firefighter who becomes missing or trapped in a dangerous environment, Napolitano said.

The “Healthy Schools” resolution authorizes the City to contract with the state Department of Transportation to complete construction phases of the project in the amount of $982,238, of which 75 percent will be reimbursed to the City.

Previously, the City was awarded the funding to replace 12,300 feet of sidewalk for Liberty Street from East Main Street to Morton Avenue, and Washington Avenue from Ross Street to Bank Street.

DPW Director Matt Worth said bids will go out in December and construction will start next spring.

Council gave its stamp of approval to “Christmas in the City,” a four-hour yuletide celebration coordinated by the Downtown Batavia Business Improvement District on Dec. 1. The cost to the city for its part in the event is expected to be around $1,800.

In another development, Council seemed to agree with a recommendation by Worth, Police Chief Shawn Heubusch and Molino to beef up traffic control along Evans Street (in the Watson Street, Thorpe Street and Ganson Avenue areas) as an alternative to a resident’s request to install an “Autistic Child” sign.

The plan, according to a memo by Worth, is based on the premise that motorists’ driving speed needs to be addressed. Molino said the resident, Jonathan Bell, who has an autistic son, agreed with the following recommendations:

-- Installing a portable speed monitor trailer on Evans Street prior to the winter to let drivers know how fast they are going;
-- Using grant funding to increase traffic enforcement in this area, hopefully resulting in information that would determine if stop signs or reduced speed zone signs are warranted;
-- Placing a “Children at Play” sign on Evans Street at Watson Street, southbound, as vehicles exit an industrial area into a residential area.

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.

Update -- 7 p.m.

City Manager Jason Molino’s recommendations for the allocation of $541,000 in unassigned funds to committed and restricted fund balances highlight the agenda of tonight's City Council meeting.

His recommendations are as follows:

-- $50,000 into the DPW equipment reserve, based on the current plan to replace a loader and single axle dump truck with plow over the next three years, and an expectation that close to $600,000 in equipment will need to be replaced by 2021.

-- $25,000 into the sidewalk reserve, based on plans to replace about 15 percent of the sidewalk within the City limits at a cost of $2.35 million. Sidewalk replacement targets for 2018 are Tracy and Washington avenues and Liberty Street and for 2019 are State and Bank streets and Washington and Richmond avenues. Federal grants will cover the majority of the cost.

-- $300,000 into the administrative services equipment and software reserve, which is deemed necessary to upgrade the City’s information technology software and management operation.

-- $20,000 in Bond Anticipation Note financing for capital projects, specifically to cover preparatory costs for a $2.55 million project to resurface several streets in 2018, first reported in The Batavian. Those streets include Union, Clinton, Vine, Liberty and South Liberty streets, and East Avenue. Eighty percent of the cost will be covered through federal transportation funds.

-- $146,000 for Ellicott Trail, the 4-mile pedestrian trail with off-road segments for pedestrians and bicyclists running through the Town and City of Batavia. These funds will go toward the City’s local match ($170,000) of the $1.3 million project.

Also, City Council will be asked to approve “Christmas in the City,” a four-hour yuletide celebration coordinated by the Downtown Batavia Business Improvement District. The event is set for 5-9 p.m. Dec. 1, with a parade from Jefferson Avenue to Summit Street set for 8 p.m.

Unless the subject is brought to the table in the coming weeks – and that is a possibility – Batavia City Manager Jason Molino will not be getting a raise this year.

Tonight City Council voted 5-4 against a 2.75-percent salary increase for Molino, who has been instrumental in the community’s Downtown resurgence, which recently was punctuated by a $10 million Downtown Revitalization Initiative award from New York State.

Council members Rose Mary Christian, Kathleen Briggs, Al McGinnis, Paul Viele and Robert Bialkowski voted “no” to the raise, while Adam Tabelski, John Canale, Pattie Pacino and Council President Eugene Jankowski voted “yes.”

The 2.75-percent hike, which was in the city budget, would have upped Molino’s annual pay from $93,782 – reportedly the lowest salary for a city manager in the state – to $96,361.

Even before the resolution came up in the meeting, Christian took the floor, stating that she had “some questions” about the process because it is the “taxpayers’ money.” Jankowski cut her off, and said that everything would be covered in executive session after the public meeting.

When the matter came up again (it was the last resolution on the agenda), Bialkowski contended that the raise had not been presented in the form of a resolution as required by the City Charter. Both Jankowski and Molino countered that it was put forth as a draft resolution in July – a fact confirmed by this reporter’s check of the July Conference Meeting agenda.

Bialkowski made a motion to delay the vote again, but that was defeated 6-3, after Christian questioned whether some on the Council up for election this year wanted to wait "because if it's passed now, you won't get elected."

She also, once again, questioned the process used to determine raises.

“I don’t like the system and I don’t like the 2.75 percent,” she said. “This comes up every January, so we go to the next budget, and they say we gave Jason 2.75 percent, so we have to give the department heads the same 2.75.”

Jankowski said that January is the time to discuss that and that Council is in the “process of changing the procedure, which will be talked about in executive session.”

Following the meeting, Jankowski said he previously asked that the vote be delayed to the fall since he knew he was going to miss a meeting and “wanted to be here to vote on it because it is controversial.”

“I wanted my intentions to be known, which were to reward the city manager for his proper work over the last year – it was budgeted for in January for him getting a favorable evaluation, which he did receive,” Jankowski said. “So I felt obligated to honor that contract.”

Jankowski and Bialkowski both said they thought the issue could be presented to Council again, with the former stating that he was going to explore the options going forward.

Molino, contacted by phone after the executive session, did not want to comment on the record.

Hired in July 2006, Molino is responsible for a workforce of about 140 (full-time equivalents) and manages a $25 million budget. The city’s budget presentation was honored for the third straight year by Government Finance Officers Association (see press release below).

In other developments, Council:

-- Heard a report on the city’s audit for the fiscal year ending March 31, 2017, which produced “overall positive results,” said Laura Landers, CPA, of Freed Maxick.

“The unassigned fund balances put the city in a stable position,” said Landers, who highlighted the community’s statement of net position for its general, water and sewer funds.

Landers said the city was required to have a full audit this year – and likely for the next few years – because it expended more than $750,000 in federal Department of Transportation funds.

On the general fund, she said revenues of $16.2 million were less than expenditures of $17.6 million, thus decreasing the fund balance to $7.1 million, but that was done by design.

“It was a planned use of reserves of almost $1.7 million for sidewalks, capital improvements, and equipment,” Landers said, as well as for (as Molino pointed out), a fire truck and health-care expenses.

Landers noted that actual revenues were slightly less than budgeted, sales tax revenue also came in less than budgeted and expenditures – continuing a 10-year trend – also were less than the budgeted figure.

Of the $7.1 million fund balance, $1.8 million is unassigned, meaning that it can be used for whatever City Council wishes, Landers said.

Both the water and sewer funds showed operating surpluses, and have $2.4 million and $3.5 million in funds restricted for capital improvements, Landers said.

-- Was updated by Molino on the progress of the $10 million in DRI funds that were awarded to the city last week when Gov. Andrew Cuomo was in town.

Molino said the state has selected a consultant, LaBella Associates, a Western New York firm which has done work in the past for the Town and City of Batavia, and will be choosing a steering committee in the next couple weeks with the goal of submitting projects to the governor’s office.

“It’s a rough process – similar to a Request for Proposal process with certain criteria,” he said. “I would think that less is more in order to be able to evaluate projects, but there’s really not a lot of concrete information to give you at this point.”

Still, the program is on a fast track, Molino said, as recommendations are expected to be sent to Albany by February.

-- Voted unanimously to adopt the updated Comprehensive Plan after learning that some grammatical and formatting errors in the 100-plus-page document will be rectified and that all items, particularly form-based codes, will have to be brought before Council prior to being implemented.

Bialkowski said he was dismayed that errors existed in the document in light of the fact that Council authorized spending $100,000 for outside consultants to update the plan for the first time in about 20 years.

-- Voted to release five properties sold at auction to the highest bidders as follows: 29 Brooklyn Ave., Louie Kingsbury, $4,000; 200 S. Swan St., Geib Corporation, $20,000; 1 Watson St., Justin and Yasmeen Calmes, $13,500; 46 Swan St., Justin and Yasmeen Calmes, $1,500; and 2 Willow St., Robert Fritschi, $19,000.

The adoption of a revised Comprehensive Plan for the City of Batavia, adding the term “Gateway District” to define zoning on East Main Street near the city line, is moving closer to reality as a result of action by City Council on Monday night.

“We’re talking about making it a little more Commercial (zone)-based, or having different options than just Industrial,” said City Manager Jason Molino after Council agreed to send the 2017 Comprehensive Plan draft to its Oct. 10 Business Meeting.

Molino said the plan update, led by a steering committee, has been in the works for a year and a half. Several internal and public meetings have taken place and the update has been reviewed and approved by the Genesee County Planning Board.

Responding to questions from Council members last month about the proper zoning for East Main Street, the committee changed the area from the proposed “Neighborhood Commercial” rezone to “Gateway District.”

Molino explained that Batavia is unique in that it has four major highways – Routes 5, 63, 98 and 33 – leading into the city. By creating a “Gateway District,” it promotes “good optics and good development plans,” he said.

“It’s a more guided zoning code … one with consistency,” he said. “There has been a lot of focus on gateways over the past decade.”

Following discussion about the plan’s timetable, homes in the floodplain, redevelopment of the C.L. Carr’s building on Main Street, keeping electric car charging stations out of the plan, form-based codes and cleaning up the document’s grammatical errors, Council moved the issue forward. Jankowski noted that he was pleased by the fact that Council would be able to vote on individual proposals in the plan, rather than the entire document.

The steering committee recommended incorporating form-based codes into the Future Land Use plan. Form-based codes focus on matching development with the environment and this approach aligns with the City’s vision statement, according to a committee report.

An electric car charging station in Batavia’s downtown area may be a worthwhile venture, but it’s not in the best interests of the City of Batavia to oversee its operation and maintenance.

That’s the viewpoint of five of City Council’s nine members, who on Monday night voted against a proposal to partner with Genesee Region Clean Communities and the Genesee Transportation Council to put up an EV charging station in Batavia.

Council members Rose Mary Christian, Paul Viele, Robert Bialkowski, Al McGinnis and Kathleen Briggs voted against moving the measure to the board’s next Business Meeting for more discussion and a possible up-down vote, overriding “yes” votes by Council President Eugene Jankowski, Patti Pacino, Adam Tabelski and John Canale.

“It looks like a good idea, but it’s for a private enterprise,” McGinnis said. “I would think there are enough entrepreneurs that would knock each other down to get this. I don’t think we need to get involved.”

McGinnis asked how many electric cars were in Batavia, to which Tabelski replied (reading from a proposal packet) that there were 1,061 EVs that require charging in the Genesee Region as of 2015.

Tabelski voiced his approval of the EV charging station at the new Dunkin' Donuts at 405 W. Main St., adding that while a "private location downtown would be more feasible, I think it's (a city-run EV station) worth considering at least."

Jankowski said he could “see the benefit of it” but didn’t like the idea of government getting involved in running a business.

“We’ve seen what happens,” he said, apparently referring to the City’s ill-fated connection to the City Centre (formerly Genesee Country) Mall.

Canale put forth the argument that the charging station, which would have been placed in the northeastern corner of the Austin Park parking lot next to the Post Office, could be an attractive option for travelers on the Thruway and from the two big cities east and west of Batavia.

“It takes a considerable amount of time (to charge electric cars) and people won’t stay with their cars, they would go to a restaurant … spend some money,” he said. “An advantage to having it in the downtown area could attract people off the Thruway (to stop in Batavia).”

The proposal presented by City Manager Jason Molino was based a Genesee Regional EV Charging Station Plan indicating that the City of Batavia is a location where EV charging stations are needed.

He said the City would be obligated to a free, three-year ChargePoint network subscription. However, the City (as a host city) would not have to pay for the station – a $7,500 expense – but only the cost of installing a conduit from a utility pole to the charging station unit (estimated at $1,500).

As far as the cost of electric is concerned, Molino said the City could set and manage the pricing (if the City chose to charge for electric), could charge the consumer an hourly rate on a per kilowatt hour basis, with optional peak and off-peak rates, and could track consumption and related details of the station’s usage.

“After three years, the City could continue to subscribe to ChargePoint for an annual cost of $560 or drop the subscription and have the consumer continue to use the station via their app (on their mobile devices),” he said. “Also, the City (at that time) would have the option to remove the charging station.”

Afterward, Molino was asked whether he was disappointed by the proposal’s defeat.

“Well, we bring forward ideas and initiatives -- proposals to the Council because we think they promote certain elements and are progressive on certain matters,” he said. “The Council has the full right and authority to say that it’s consistent to what we think or not consistent of what we think, and we support those decisions both ways.”

“I totally understand their perspective on it, and right now we’re not going to move forward with that initiative. Should that change at a later date (however), I’m sure the Council would say, ‘Hey, we’re going to change it.’ ”

Asked if he thought that a private entity could step in, he said that it was possible, “just like what happened at Dunkin' Donuts.”

“It’s definitely a possibility that someone could do it on private property in the downtown area. Nothing’s prohibiting anybody from doing that.”

In the meeting’s public comments session, Jim Rosenbeck, of Lewis Avenue, also spoke against City involvement in an EV charging station, asking Council to “be cautious when this idea comes up.”

“It may sound good and feel good, but it costs the people money, and they’re not benefitting from this service,” he said.

Jankowski said he wished that the proposal went through to give the public an opportunity to weigh in on it.

“I just thought it would be nice to at least go to a vote and get two weeks for me to get some input,” he said.

“It’s not done, it just didn’t get put on the agenda, so if there’s public input on it and people want it, then it could be put back on a Conference meeting and re-voted at a future time. So, I’m going to wait until I receive any feedback and go from there.”

In other action, Council:

-- Moved to its Business Meeting a resolution approving the sale of five parcels that were auctioned to the highest bidders – 29 Brooklyn Ave., Louie Kingsbury, $4,000; 200 S. Swan St., Geib Corporation, $20,000; 1 Watson St., Justin and Yasmeen Calmes, $13,500; 46 Swan St., Justin and Yasmeen Calmes, $1,500; and 2 Willow St., Robert Fritschi, $19,000.

Christian expressed her dismay that the property at 46 Swan St. wasn’t sold to Ronald Viele, who had offered significantly more.

The City’s Municipal Code and Ethics Code, however, prohibit the purchase of real property to a City Council member or City employee, and it this case, Ronald Viele is the father of Council Member Paul Viele, who is involved in the family business. When Ronald Viele was informed of the restriction, he withdrew his offer.

-- Was advised of a letter sent to Bialkowski by Kathy Owen, of 2 Redfield Parkway, who is seeking the City’s help in restoring the pillars that act as a gateway to the street from West Main Street.

“The pillars are in a serious state of deterioration,” Bialkowski said, and urged Council to approve using some of the $52,000 earmarked for community development initiatives to fix them.

Molino said the City previously applied for grants for this project but was denied. He noted that two of the pillars are on private property and two are on city property, a situation that creates “some nuances” as far as repair work is concerned.

He said that the community development funds could be used as restoration of the pillars is considered a “neighborhood improvement” project. Cost to professionally repair the pillars was estimated at around $20,000.

-- Heard from Jonathan Bell, of Evans Street, who asked that the City put up a sign notifying drivers that there is an autistic child living on the street.

“I have five kids and one is severely autistic and runs in the street,” he said. “What’s a $100 sign when you are asking for $25,000 for rocks? My child’s life is worth more than a couple rocks (referring to the pillars on Redfield Parkway)."

Molino and Council members agreed to look into this, with Jankowski wondering aloud “what broke down in the process that this gentleman had to come to this meeting?" (instead of it being handled by city officials). Bell reportedly had called the City of Batavia office more than once but received no reply.

In photo at top, City Council Member Kathleen Briggs reads a proclamation designating Oct. 8-14 as Fire Prevention Week. She is joined by City firefighters, from left, Chief Stefano Napolitano, Christina Marinaccio, Tom Douglas, Jeff Stevens, Greg Ireland, Ryan Clair and Mike Morris. Photo by Mike Pettinella.