city council

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

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

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

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

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

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

In other action last night:

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

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

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

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

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

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

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

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

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

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

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

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

Deer running loose in the City of Batavia -- creating havoc with residents' flower gardens and posing a threat on roadways -- has been a problem of varying degrees in the City of Batavia for the better part of two decades.

So, in the eyes of City Council, any deer management plan that does not include an option to cull the deer population is simply passing the buck (or doe).

On Monday night, council members responded to a report submitted by the Council-appointed Deer Management Task Force that recommends a non-lethal approach to managing the deer population.

During a discussion steered by Council President Eugene Jankowski, the board agreed that more needs to be done to minimize the impact of deer in several parts of the city, notably the Naramore Drive, Clinton Street, South Main Street and Burke Drive areas.

"Did you reach out to the Hawleys and Michalaks (property owners on Bank Street Road in the Town of Batavia), the county or the town to network with them and possibly assist us?," Jankowski asked Mike Freeman, task force chairman, following Freeman's presentation. "I think we need a balanced approach, and I know that the Hawleys and Michalaks are open to assisting us."

Deer herds on those Town of Batavia properties make their way into the city, primarily causing problems in the northeast section of the community. 

Councilman John Canale agreed with Jankowski, while noting that he has seen eight or nine deer running through Lambert Park near Burke Drive. Councilman Robert Bialkowski said he is aware of herds on South Main Street, Union Street and at the VA Medical Center and Councilwoman Patti Pacino has received calls about deer on Ross Street.

"There are people who have done everything (to deter the deer from coming on to their property)," Pacino said. "Can't we do better? Isn't there something we can do? In a year and a half, there won't be a tulip on Ross Street."

The task force's report (details were outlined in a story on The Batavian on Monday) focuses on ways to alleviate or prevent "deer-related impacts" -- through an informational link on the city's website and basing its recommendation on survey responses that suggest the issue "did not rise to the attention that a lethal and proactive initiative needed to be undertaken ..." 

Freeman, who said the task force did not speak to the Bank Street Road property owners, said residents need to be educated about ways "to keep their property safe and to keep the deer away." He also noted that it is against the law to feed the deer.

As far as hunting deer within the city limits, the task force did not rule that out as long as residents adhere to NYS Environmental Conservation Law, which restricts the discharge of a gun, bow or crossbow within certain distances of residences and buildings.

Task force member Joe Rowbottom of Naramore Drive said he has been dealing with deer in his yard since 2001. He said the best way to cull the herd is during the summer, at night, baiting them and using sharpshooters to take them out.

"But, there is a problem with legality," he said. "You have to get property owners to agree. And who is going to be liable if mistakes are made?"

Jim Rosenbeck, of Lewis Avenue, speaking during the public comments portion of the meeting, said he didn't think it is "realistic" to hunt deer in the city.

"I don't want to see the city get deeply involved in a hunt in the city," he said. "Issuing a permit in the Town, that's the way to do it. Homeowners can come together and go to (speak) to Mr. Hawley."

In the end, Jankowski and Council called for the task force to continue its work by exploring a "combination plan" -- culling, education and enforcement of the law -- that would ultimately involve the Department of Environmental Conservation in the process of issuing permits and butchering the deer (with meat given to local food banks).

"We need a little more research, a couple more options," he said.

In other action, Council passed two resolutions dealing with the community's Comprehensive Plan update -- (1) establishing the City as the lead agency for the State Environmental Quality Review Act (SEQR) for the draft Comprehensive Plan and (2) setting a public hearing on the proposed plan for 7 p.m. Aug. 14.

City Manager Jason Molino reported that the City Plannining & Development Committee already has scheduled a public hearing on the matter for July 18. 

Once adopted, Molino wrote, the Comprehensive Plan will require zoning code updates consistent with the new plan, adding that the City has money in a committed fund balance to support zoning code updates.

Photo: Mike Freeman, chair of the Deer Management Task Force, addresses City Council on Monday night. Seated at the table in the back are other task force members, from left, Ken Alfes, Joe Rowbottom and Rae Ann Engler. Photo by Mike Pettinella.

City Council may or may not be contractually obligated to give City Manager Jason Molino a 2.75-percent salary increase for the 2017-18 fiscal year, but, as far as Councilwoman Rose Mary Christian is concerned, the time for across-the-board raises must come to an end.

The subject of Molino's pay hike, which would lift his annual salary to $96,361, was presented to Council at Monday night's Conference meeting. After a few minutes of discussion, it was moved to the board's September business meeting when a vote is expected to take place.

Christian, who has spoken favorably of Molino's job performance on several occasions, said if a raise is warranted she would rather see a specific dollar amount not a percentage.

"I'm not in favor of a raise," she said afterward. "I started (as a council member) with (an) $8 million (budget) in 1992, we're up to $24 million now. It just boggles my mind."

Christian said Molino receives his salary and many perks as well.

"We give a three thousand dollar raise besides all your perks. It's just crazy, OK. We pay him for gas, we pay him for different events that he goes to, any college that he wants to attend as far as somethng to do with our city, any kind of NYCOM meanings, all of his family has health insurance.

"Goodness. There's so many families that can't even put food on the table, let alone everything else."

When asked for her thoughts going forward, she was quick to respond.

"I know what the solution is going to be coming up in 2018 -- nobody's going to get a raise. We're going to be at a standstill. It's going to stay right there, as far as I'm concerned. We've got to have some adjustments. Think about it, there were never any houses that defaulted on their taxes at one time. Now, we have three, four, five a year. And how many (more) are coming this year?"

While Councilman Paul Viele said he agreed with Christian's assessment, Councilman Robert Bialkowski said that Council needs to act consistently with terms of a contract that, he said, enables the City Manager to receive a raise in line with what other city management employees were given. 

Noting that Molino scored at least 4.5 out of 5 in various areas of his performance evaluation, Bialkowski said "it is up to us to be responsible and meet our obligations," adding that he doesn't go for "double-crossing on deals."

Council President Eugene Jankowski pointed out that the board is "taking steps to adjust some things in next year's contract ... looking at other ways of compensation."

"We are doing something; it's not falling on deaf ears," he said.

Councilwoman Kathleen Briggs said that positive evaluations don't necessarily result in pay raises, while Councilman John Canale noted that Molino's raise was included in the budget that was passed in the spring.

It was decided to postpone the vote on Molino's raise until September since Jankowski will not be in attendance at the August business meeting.

City Council has called a special business meeting tonight (7 o'clock, City Hall, Council Board Room) to consider a pair of resolutions dealing with the community's Comprehensive Plan update.

The governing body is expected to act on a resolution establishing the City as the lead agency for the State Environmental Quality Review Act (SEQR) for the draft Comprehensive Plan and a measure to set a public hearing on the proposed plan for 7 p.m. Aug. 14.

The Comprehensive Plan update is one of six items on the agenda of Council's Conference Meeting. A five-resolution Business Meeting -- which also includes a report from the Deer Management Task Force -- also is scheduled for tonight.

In a memo to Council dated July 5, City Manager Jason Molino stated that the Council-appointed Comprehensive Plan steering committee has worked with Elan Planning, Design & Landscape Architecture PLLC over the past 18 months and has engaged community participation in an effort to update the document that outlines the City's vision for the next 10 years.

"The relationship between the comprehensive plan, zoning law and the local boards that implement the land use system are all interrelated," Molino wrote. "Most importantly, the future land use map sets the foundation for the City's zoning, based on feedback and input from businesses and residents on what they would like the Batavia of tomorrow to look like."

Molino pointed out that the City Plannining & Development Committee already has scheduled a public hearing on the matter for July 18. He recommends that City Council pass the resolution scheduling its public hearing for Aug. 14, which then could be considered for adoption at the Sept. 11 Council meeting.

Once adopted, Molino wrote, the Comprehensive Plan will require zoning code updates consistent with the new plan, adding that the City has money in a committed fund balance to support zoning code updates.

As far as the City's deer management strategy is concerned, a special task force met a dozen times since April 2016, with its activities including identifying problem areas, collecting pertinent data, conducting a survey of residents and looking at deer managements plans of two Michigan communities -- East Lansing (which takes a "deer-related impact" approach) and Meridian (which uses a bow hunting club to control the deer population).

In a memo dated June 29, the task force reports that the City "should not take a lethal approach to managing the deer population, but rather manage deer-related impacts."

The committee outlined several reasons for its recommendation:

-- The density of the City, little public land and an "inadequate environment to hunt in most (of its) areas."

-- Deer damage has been limited to select areas of the City.

-- There have not been a significant amount of deer-vehicle accidents in the City.

-- Response to the survey was low and suggested that the issue "did not rise to the attention that a lethal and proactive initiative needed to be undertaken ..."

-- Of those who did respond to the survey, half suggested lethal action and half opposed lethal action.

The committee's report does call for the implementation of a deer management website (link on the City of Batavia's website), conducting a public survey every two to three years to monitor activity, and to allow property owners to hunt within City limits, as long as they follow the parameters of the NYS Environmental Conservation Law which restricts the discharge of a gun, bow or crossbow within certain distances of residences and buildings.

More police presence at Austin Park and less parking on Thorpe Street.

Those are the hopes of two Batavia residents who let their feelings be known at Monday night's City Council meeting at City Centre Council Chambers.

Sandy Merkle, of 6 Thorpe St., a narrow small street on the city's Southside, said all she wants is a sign put up prohibiting parking near the corner of the street to enable her to safely enter and exit her driveway.

"I've talked to the neighbors about it, but they're renters ... and they say, 'we pay our rent,' " Merkle said.

Council members readily responded to her request, with Kathleen Briggs stating that "something has to be done" and Rose Mary Christian adding that "there should be signs for no parking near the corner and also for no parking on one side of the street, and tickets should be given to violators."

Council President Eugene Jankowski noted that Police Chief Shawn Heubusch is "responsible" for handling this matter and has the "authority" to correct the situation without City Council action.

As far as Austin Park is concerned, Sonya Alwardt, of 335 Bank St. said she was extremely disappointed in the response she received from City Police when she called on them to break up a fight there around 6:30 p.m. on Sunday.

Alwardt said she saw a group of 10 to 20 people fighting when she took her 6-year-old child there to play. She said she called the police but was dismayed that it took a long time for them to respond and that the crowd wasn't disbursed promptly.

"I told officers that I didn't feel safe, but was told that they had a lot of pending calls to take care of," Alwardt said. "How is protecting children not a priority?"

At the end of her comments, Alwardt said she would not go to Austin Park anymore.

"It's a shame that you can't bring your children there," Christian said, before asking Heubusch to increase patrols there.

Jankowski said the matter "could have been resolved by Alwardt speaking to the (police) supervisor" on duty that night, and not having to come before City Council.

Councilman Robert Bialkowski agreed with Jankowski and added that Council "needs to set an example."

"If it happens again, there should be arrests," he said. "This is not tolerable."

Following the meeting, Heubusch could be seen speaking with Alwardt.

In other action, Council:

-- Approved a resolution to extend the current sales tax allocation agreement with Genesee County -- a pact that is set to expire next February -- through Dec. 31, 2018 in order to buy more time as negotiations between the city and county continue.

"The only reason we're extending it is that part of the process will require 16 or 17 small municipalities to renegotiate their water contracts (with the county)," Jankowski said. "That could be a major holdup. Just to be safe, we're extending it so we don't run out of time."

Calling it a "complicated process," Jankowski said the city is at the "fact-finding stage" and can't go further until the municipalities reach their agreements. He said the Genesee County is on board with the extension and likely will be passing a similar resolution.

Currently, the terms of the sales tax agreement provide the city with 16 percent of the sales tax generated in Genesee County, with the towns and villages splitting 34 percent (based on assessed valuation) and the county receiving 50 percent.

The contract is tied in to the city/county water treatment agreements as well, which leads to the complications cited by Jankowski.

-- Approved a resolution to transfer $35,000 from reserve funds to replace the message board at Dwyer Stadium, hopefully prior to the start of the New York-Penn League season later this month.

Originally, that money was earmarked to replace seats at the Denio Street ballpark, but Council deemed that the scoreboard was a more immediate need.

-- Commended Doug Cecere for his exemplary performance as a city firefighter for 24 years. Cecere recently retired.

City Council Recognition: Proclamations were the order of the day (or night) Monday as City Council honored several Batavians with City Recognition Awards.

From top photo to bottom, Councilman John Canale recognizes Jennifer Reardon as Homeowner of the Year for her "little library" and outstanding flower gardens at her Washington Avenue home; Councilman Robert Bialkowski congratulates Anthony Condello as Community Volunteer of the Year for his work with the Farmer's Market, Downtown Batavia Business Improvement District and Holland Land Office; Bialkowski honors Mike Barrett of Batavia Marine & Sporting Supplies as owner of the Business of the Year; and Councilwoman Kathleen Briggs reads a proclamation extolling the achievements of Eagle Scout Christopher James Neal.

Photos by Mike Pettinella.

City Republican Committee Chairman David Saleh's confidence in his party's slate of candidates soared Monday night with the news that former Genesee County Sheriff Gary Maha will be running for a seat on the County Legislature.

"All of our County Legislature candidates have done a very good job and Gary will be a great addition," Saleh said this morning, hours after City GOP representatives endorsed Maha for the legislature's Ninth District seat, a position that covers the City of Batavia's fourth and fifth wards.

"With a new (county) jail a major issue, and other key decisions to be made, Gary's experience is unparalleled."

City Republicans also backed City Council President Eugene Jankowski Jr. and At-Large Councilmembers Bob Bialkowski and Adam Tabelski for at-large positions in November's elections.

"We've got good continuity on City Council and we're going in the right direction," Saleh said. "In terms of experience, these three men bring value to city residents. All in all, we're very hopeful for November."

Jankowski has served as City Council president since 2016, and will be seeking his second term on the board.

Saleh said the GOP committee will conduct its chicken BBQ fundraiser on May 21 and "pull together with the candidates to prepare for the election."

Batavia City Council members on Monday night decided to make the city a bit more "vibrant" this summer by passing a resolution to allocate $4,000 to the Picnic in the Park event at Centennial Park on the Fourth of July weekend.

The funds will be transferred from the committed fund balance -- money from the now-defunct Vibrant Batavia initiative -- to the general fund. As of March 31, the committed fund balance was $52,611.

Council's vote was 8-1 with Rose Mary Christian dissenting.

"I stated before that this would get a precedent started -- and I think that is what is going to happen," she said.

City officials and event organizers have said that the Picnic in the Park was in danger of not continuing beyond this year due to budget constraints.

With the contribution, the city will be named as a sponsor of the 2017 event, which reportedly will include a Beatles tribute band.

DePaul President Mark Fuller says the proposed DePaul Batavia Square Apartments on East Main Street, an 80-unit complex for income-eligible tenants, is his way of giving back to the community that he calls home.

"I grew up in Warsaw, went to RIT, and worked at Eaton, Yale & Towne before finding out I didn't like what I was doing," said Fuller, opening a presentation about the project at Monday night's Batavia City Council meeting.

"I then worked for the county, met my wife, Michele (Rapone), and we've been married for almost 40 years. My kids went to Notre Dame and I live in Le Roy, I'm Genesee County through and through."

Fuller, along with DePaul Vice President Gillian Conde, attorneys Ashley Champion and Jonathan Penna, and architect Joe Gibbons, shared details of their plan with Council, which later passed a resolution -- with Alfred McGinnis casting the lone "no" vote -- to introduce a necessary ordinance to change the zoning in the vicinity of the Batavia Gardens apartments (661, 665 and 679 E. Main St.) from Industrial to Commercial and to set a public hearing on the matter for April 24.

Champion pointed out that DePaul was in agreement with the Batavia Planning & Development Committee's recommendation to change from Industrial to Commercial zoning (not the original proposal of Industrial to Residential) to "more closely align with the goals and perspectives of the city's Comprehensive Plan."

But the theme of the video presentation -- which included photos of other DePaul renovation projects and testimonials from three residents of the Rochester-based company's Batavia Apartments on East Main Street near Eastown Plaza -- was that, according to Fuller, "there is a huge need for affordable housing in Batavia."

He said that New York State has identified Genesee County as needing affordable housing and has allocated $3.2 billion across the state for projects such as these. Residents of Batavia Square, should it come to fruition, would receive services to meet special needs and be charged rent based on income limits, for example, $27,000 for an individual and $38,700 for a family of four.

"Every project fills within two to three weeks, and we have huge waiting lists on all of our projects," he said.

Fuller said he is convinced the Batavia community will support the venture, which will include DePaul applying for financial incentives -- PILOTs or payment in lieu of taxes -- from the Genesee County Economic Development Center.

"What’s amazing is – I talked to Kiwanis last week, I’m speaking to Rotary in a couple weeks and I’ve been out meeting with everybody in the community – to a person, everybody wants the project," Fuller said. 

"The history of DePaul, we’ve got a great reputation in Batavia, and I’m really doing this because people approached me and wanted more housing in Batavia. The lack of adequate, handicap-accessible housing for special needs and everything else (is there), so I’m really doing this to give back to Genesee County – my hometown."

Of the 80 units, 36 have been designated as affordable units with preference given to elderly people and/or people with mobility disabilities, four are set at market rate, 30 are for people with special needs linked to services, and 10 will be allocated for veterans.

Fuller said that comments that DePaul is making money off of veterans or doesn't need the tax breaks stem from those who "don't know the whole story."

"We’re getting no money to house veterans. We’re just setting aside 10 units (as priority for veterans) and it could be more if there’s 20 veterans … we’re setting 10 units aside to guarantee because our housing projects fill in 10 days."

As far as the PILOT is concerned, Fuller said DePaul would be unable to get involved without it.

"These projects would not be doable without a PILOT with the city, but it’s important to point out that we’re a not-for-profit but we’re still giving a significant tax payment to the city for 30 years – more than four times than what they’re getting for that property now."

Fuller said the development will create 18 jobs as well as another 200 construction jobs.

Gibbons outlined details of the complex -- a 5-acre parcel with 24 units in Building A, 24 units in a three-story Buildilng B, and 32 units divided into four eight-unit two-story townhouses. The plan calls for 56 one-bedroom, 22 two-bedroom and four three-bedroom apartments and 94 parking spaces (which could be expanded).

"It will be highly energy efficient through Energy Star and NYSERDA programs, and typically 50 percent will be handicapped-accessible," he said.

Conde said that rent will be set at $700 for a one-bedroom unit and $850 for a two-bedroom apartment, but residents have to show an income to be eligible. Utilities, wireless Internet and cable TV are included, along with around-the-clock staffing and a sophisticated security system.

She added that "housing specialists" are on staff to help link tenants to services in the community, but before being accepted all applicants "receive extensive background checks" -- with those convicted of non-DWI felonies or sex offenders not eligible.

"We manage our own tenant list ... that's a huge piece toward having respectful communities," she said.

The DePaul team said it will be meeting once again with the Genesee County Planning Board later this week over the rezoning issue, and hopes for a positive outcome over the next several weeks with City Council.

"This is really just the first start – the hard part is getting the money out of Albany," Fuller said. "We certainly have done it a lot, we’ve got the project in the works, we’ve been told this is a high priority. Our goal would be to have that all in place by the winter so we can start construction in early spring 2018, and that’s about a two-year construction period."

City Council on Monday night passed numerous resolutions, most notably the 2017-18 city budget, which was approved by an 8-1 vote (with Councilwoman Rose Mary Christian dissenting).

The $24 million budget -- of which $16.5 million comprises the general fund -- calls for a property tax levy of $5.2 million and an increase of less than 1 percent in the tax rate.

Passage of the budget was welcome news for Julie Pacatte, coordinator of the Batavia Development Corporation, who attended the meeting along with BDC President Pier Cipollone.

"It means that the city is supporting us in more good work to do, particularly related to the Brownfield Opportunity Area advancement," Pacatte said. "This budget, specifically, has some additional carve-outs to help us advance our second BOA site – Creek Park – behind the (Falleti) ice arena (on Evans Street)."

Before the budget vote, Christian expressed her disappointment with the fact that city revenues are down by $458,000 and that a sales tax agreement has yet to be reached with Genesee County.

"Also, I've been waiting for sidewalks on Clifton Avenue (in her Ward) for over 12 years and wanted some of the money from the VLT (video lottery terminals at Batavia Downs Gaming) for a pool on the Southside," she said.

This prompted Robert Bialkowski to mention that no one spoke against the budget during last month's public hearing and that City Manager Jason Molino met Council's request to reduce the tax increase to less than 1 percent.

Adoption of the spending plan means that the tax bill for a city resident with a house assessed at $90,000 will now be about $838 for the 2017-18 fiscal year.

Council President Eugene Jankowski noted that the property tax levy of $5.2 million is only about a third of the total general budget, and asked for a breakdown of the revenue stream.

Molino pointed out that, beyond the $5 million from property taxes, about $6 million comes in from sales taxes, another $1.7 million from state aid, and the rest from an assortment of fees, aid, grants, income from services provided and mortgage taxes.

In other action, Council:

-- Passed resolutions establishing slightly higher new water rates and meter fees, a 2.75-percent increase for non-union city employees (including management) and slight wage increases for part-time and seasonal city employees. All three of those resolutions passed by 7-2 votes, with Christian and Paul Viele voting "no" in each instance.

-- Voted unanimously to adopt a local law to amend the Business Improvement District Plan.

Molino said the amendment to the plan was a lowering of the assessment charge on the properties in the Business Improvement District because of the expiration of a large debt service payment.

"The amount levied is going down from about $120,000 to about $57,000," he said. "So what property owners can expect to see in the BID is a decrease in that BID assessment charge."

In an email to The Batavian, Molino said that the BID Plan identifies two sources for funding the activities of the Business Improvement District: the Business Improvement District assessment (BID Assessment) and the City of Batavia. The BID Assessment for each property is calculated by multiplying the assessed valuation of the property by the BID assessment rate.

In accordance with the General Municipal Law 980-k, a BID is limited in the amount of money that can be raised through the assessment. The district assessment charge, excluding debt service, may not exceed 20 percent of the total general municipal taxes levied in a year against the taxable property in the BID.

As of Feb. 1, it is estimated that 20 percent of the total general municipal taxes levied in 2017-18 against the taxable property in the BID is $57,926, based on current taxable assessed values and the existing City property tax rate. The BID assessment rate is estimated to be $1.844 per $1,000 of assessed value. There is currently no debt service to be paid for with district assessment charges.

-- Welcomed new Batavia City Police officers Ryan Shea and Matthew Dispenza, who were officially sworn in by City Clerk Heidi Parker, and recognized Jayme Privitera, of Le Roy, for submitting the first-place logo in the Ellicott Trail Logo Contest, which was reported first on The Batavian last month.

From left, Assistant Chief Todd Crossett, Ryan Shea, Matthew Dispenza, Chief Shawn Heubusch.

City Councilwoman Kathleen Briggs reads a proclamation honoring Jayme Privitera, who created the winning logo in the Ellicott Trail Logo Contest. Photos by Mike Pettinella.

Although senators in Albany may not be inclined to consider the idea of New York becoming a “sanctuary state,” City Councilwoman Rose Mary Christian wants to make sure they know where she stands on the matter.

“I want us to draft a resolution and send it to (Assemblyman Steven) Hawley, (Senator Michael) Ranzenhofer, (U.S. Senator Charles) Schumer and (Gov. Andrew) Cuomo, letting them know that the City of Batavia is opposed to this bill,” Christian said toward the end of Monday night’s City Council meeting. “I want no sanctuary city or state.”

Christian spoke out against a bill – known as the New York State Liberty Act -- that was passed by the state Assembly on Feb. 6. The bill is under review in the Senate.

The bill provides certain protections and rights for immigrants, including standards governing law enforcement’s ability to question a person’s immigration status and/or start deportation proceedings.

Council President Eugene Jankowski said that he was under the impression that the Senate was not going to call for a vote on the measure, but Christian wasn’t deterred.

“I still would like to see if my colleagues agree with me,” she said. “It might not do anything but we are willing to try.”

After a brief discussion, Council voted to have City Manager Jason Molino draft a resolution against any measures to create a sanctuary state or city, referencing both the Assembly and Senate bills, and have it ready for an official vote at the board’s next Business meeting on March 13. (It then would be forwarded to the elected representatives, including U.S. Senator Kristen Gillibrand).

Jankowski added that he was on board with Christian’s motion, but noted that “it might be putting the cart before the horse.”

“I don’t think the Senate wants to oppose the federal government and a new president so early in his tenure,” he said.

It also was noted that Assemblyman Hawley did not support the bill, labeled A3049B.

In other developments, Council:

-- As expected, approved a resolution authorizing Jankowski to sign a settlement between the City and the Batavia City Centre Mall Merchants Association to resolve longstanding litigation over the City Centre Mall.

The vote came after Council went into executive session for about 30 minutes to go over details of the agreement.

All council members voted yes except Robert Bialkowski, who abstained because his wife is an employee of the Mall Merchants Association. The agreement now goes to the merchants, who also must sign it.

Two weeks ago, Molino announced that the City and the Mall Merchants Association crafted an 11-point “settlement framework” that calls for the City to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements and take care of mall maintenance and operations.

Additionally, the City will spend an estimated $650,000 to fix the roof, silos and skylights. Moving forward, the City would impose a user fee based on each merchant’s property square footage.

Bialkowski said he had his doubts about the deal, citing the history of the mall and the series of lawsuits filed by the City and the Merchants.

“I hope that this resolution works this time but when it was first built, it was a disaster,” he said. “The city tried running it itself, but then tried to unload it. I hope it doesn’t become an anchor around the taxpayers’ neck.”

Bialkowski added that he believes that “business should be best left in the private sector; it’s definitely more efficient.”

-- Held public hearings on the 2017-18 budget; cwater/sewer rates and capital improvement fee; amending the Batavia Business Improvement District plan, and a Community Development Block Grant. No one from the public spoke.

Thus, Council members likely will vote in two weeks on the City's proposed $23.9 million spending plan that calls for a 0.9 percent tax increase.

-- Moved forward to the March 13^th meeting several resolutions, including one that retains Freed Maxick for financial auditing services for another five years, and another that approves a $90,000 increase in the final cost of the Summit Street reconstruction project (which still came in $250,000 under budget).

JAYME PRIVITERA -- FIRST PLACE

RICHARD GROSS -- SECOND PLACE

KRISTEN STEPHANY -- THIRD PLACE

The Ellicott Trail Project has its logo, and it’s the work of an accomplished graphic artist from Le Roy who is no stranger to entering (and winning) competitions that are open to the public.

“I’m really excited about the fact that people will be able to see something that I created,” said Jayme Privitera, a professional graphic designer for the past decade.

Privitera’s captured First Place in the competition that was set up by the Ellicott Trail Project steering committee to find a logo that best represents the proposed 4.6-mile bicycle/pedestrian path that will run from Seven Springs Road to Pearl Street Road (Route 33).

She won $100 for her logo, which will be used in many ways, such as on all-weather exterior signs, way-finding maps, stainless steel sidewalk emblems and, eventually, banners, stickers and fliers.

Richard Gross, of Wyoming, took Second Place, winning $75, while Kristen Stephany, of Warsaw, placed third, good for $25.

Members of the steering committee, led by Tom Lichtenthal, who also is serving as project manager for the Town of Batavia, made their selections on Thursday afternoon.

Lichtenthal said that 26 finalists out of the 176 submissions were considered at yesterday’s meeting. Entries came in from students and adults – from the age of 10 to 58 – from 15 communities in Genesee, Livingston, Monroe, Erie, Wyoming, Niagara and Allegany counties.

Privitera said her goal was to keep the logo simple (per contest rules) and “easily recognizable, emphasizing that it was for a trail – something that keeps going.”

Two years ago, she won a statewide contest conducted by adnetworkny.com. Since 2011, she has provided graphic design for Lake Country PennySaver in Albion.

The logo will be officially unveiled at the Batavia City Council meeting on Feb. 27, Lichtenthal said.

Gross, a former ironworker and fabricator, said he does 3D modeling in his home “for fun.” He said he focused on the location of the trail and keeping the logo uncluttered.

Stephany is an adult student in her last semester at Genesee Community College where she is majoring in Graphic Arts. She said her goal was to use text that rendered “a bit of elegance and class” to the logo.

In December, Lichtenthal reported that the $1.7-million joint venture between the city and town was on schedule for completion by Thanksgiving.

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

A Municipal Facility Grant of $250,000 will pay for a new bridge on Walnut Street, Lichtenthal said, while a portion of funds from a Genesee County Parks Department capital project will pay for a boardwalk at DeWitt Recreation Area.

While the announcement of a tentative settlement between the City of Batavia and the City Centre Mall Merchants Association dominated Monday night's City Council meeting, the governing body voted on several resolutions, including a 5-4 decision to send a rezoning proposal for properties on East Main Street to the City Planning & Development Committee.

Council members Eugene Jankowski Jr., John Canale, Patti Pacino, Adam Tabelski and Rose Mary Christian voted in favor of letting the planning board make a determination on a zoning amendment pertaining to 661, 665 and 679 E. Main St., a move that could lead to the construction of an 80-unit multifamily and townhouse cluster by DePaul Properties Inc. in the vicinity of the current Batavia Gardens apartments.

Paul Viele, Al McGinnis, Kathleen Briggs and Robert Bialkowski voted against the measure, which calls for rezoning 661 E. Main St. (a house) and 665 E. Main St. (a small glass workshop) from I-1 Industrial to R-3 Residential and rezoning 679 E. Main St. (Batavia Gardens) from R-2 Residential to R-3 Residential. An R-3 designation would allow for the siting of an apartment complex.

Positive action by the Planning & Development Committee and, ultimately, City Council would enable DePaul to develop what would be called DePaul Batavia Square, a $25 million project that would provide housing to people with "various types of incomes ... a cross section of the community," accordilng to City Manager Jason Molino.

DePaul already has a presence in the city in the form of a 41-unit complex at 555 E. Main St., which features subsidized one- and two-bedroom apartments for those with mental health issues and low- to moderate-income.

Council members asked questions pertaining to who would be living there, police calls at the current DePaul site and whether the need for this type of housing exists. City Attorney George Van Nest explained that those topics would be covered down the road during the site plan and project reviews.

"There are three layers to this project, and this rezoning perspective is the initial step," he said. "Rezoning must be granted (before it can move forward)."

Molino said the DePaul project would represent a "significant upgrade to what is there now, and contributes to the growth concept we are trying to promote," and added that DePaul likely will seek tax abatements through the Genesee County Economic Development Center. The proposed complex would be divided into 57 one-bedroom, 20 two-bedroom and three three-bedroom apartments

As a result of the 5-4 vote, Council is expecting to hear back from city planners within 30 days.

In other action, Council:

-- Scheduled a public hearing for 7 p.m. Monday, Feb. 27 on the proposed 2017-18 city budget, a $24.2 million spending plan that calls for a 1.7-percent increase in the tax rate, with a projected tax levy of $5,263,942.

-- Set a public hearing at the same time on a local law to establish new water rates, meter fees and capital improvement fees. Water rates and meter fees would increase by about 3 1/2 percent, and the quarterly capital improvement fees for meters would increase by about 10 percent.

-- Passed a resolution to award the Falleti Ice Arena dehumidification equipment replacement project to the Leo J. Roth Corporation at a cost of $87,560.

-- Passed a resolution to amend the police department budget to reflect the receipt of a $24,681 STOP-DWI grant.

-- Presented a plaque to Brooks Hawley, who served as councilman-at-large for five years (including two as president), for his contributions to city government. Hawley resigned his post in December when he and his family moved to his late grandfather's home in the Town of Batavia.

City Council unanimously approved short-term contracts with the American Federation of State, County and Municipal Employees Union and the Batavia Police Benevolent Association Monday night -- one- and two-year pacts, respectively, that provide minimal increases in pay.

The collective bargaining agreements with the unions were set to expire on March 31.

City Manager Jason Molino said he was pleased that negotiators of both unions settled for limited year contracts due to the fact that county and city leaders continue to work on a Sales Tax Allocation Agreement to replace the current one that expires in February 2018.

The terms of the contracts are as follows:

-- The AFSCME’s 36 Department of Public Works employees will receive a 1 percent raise effective April 1, 2017, and $500 stipends during the first pay period following City Council’s approval. This payment will not be included as part of each member’s base annual salary.

The total impact on the 2016-17 budget is $22,300, and the one-year term of contract wages, retirement and Social Security adds up to $20,520.

-- The PBA’s 30 officers will not receive a salary increase until April 1, 2018, when a 1.5 percent hike kicks in, with that raises contingent upon the extension, renewal or amendment of the sales tax agreement. They also will receive $500 stipends during the first pay period following City Council approval.

Additionally, effective immediately all PBA members will transfer from a 384-d to a 384-e retirement plan, and the starting salary for a police officer will increase to $48,920.

Police Chief Shawn Heubusch explained that 21 of the PBA officers were under the 384-d plan which gives police and fire department employees a pension of half-pay after 20 years. Under the 384-e plan, those employees would be able to accrue 1/60^th of their base salary up to 32 years of full service, when they would “max out.”

At the end of that time, the pension would be about 75 percent of their salary, he said.

The total impact of the PBA contract on the 2016-17 budget is $18,610; a one-time payment estimate for offering 384-e retirement benefits is $106,202 (to be funded from the retirement contribution reserve account), and the two-year term of contract wages, retirement and social security (if the second year is implemented) adds up to $43,650.

In order to fund these changes as they affect the 2016-17 budget, Council approved a transfer of $40,910 from these contingency budget accounts: city facilities, street maintenance, snow removal, street lights, parks, celebrations, storm sewer, street cleaning, garage, pump station, water distribution, sanitary sewer, waste water treatment and police. A major portion ($18,500) will come from the police budget.

In other action, Council:

-- Unanimously passed a resolution establishing a local law to amend the city sign code and related provisions, with a primary focus on electronic digital signs utilized by businesses.

The law, among other things, reduces the amount of time that the message on an electronic digital sign could be changed from once every hour to once every 10 seconds. It also eliminates an annual $25 fee that would have been imposed upon a business owner to operate a digital sign, and "grandfather's" in digital signs that currently are located in zoning districts (such as residential and/or industrial) not authorized to have electronic message boards.

Molino said the law will take effect within a couple weeks, after paperwork is filed with the Department of State and letters -- along with copies of the new code -- are sent to business owners.

-- Approved a couple of summertime events at Austin Park – the Great Tabernacle Campaign/EFF Church Music Festival on Aug. 24-26, and Care-A-Van Ministries picnics on Thursdays from June 1 through Aug. 31.

The Great Tabernacle Campaign/EFF Church Music Festival is a collaboration of about 30 churches and ministries “to unite and bless the community with music, speaking, food and games,” said the Rev. Jason Norton, pastor of EFF Church in Batavia.

City Council members piggybacked on a request by Public Works Director Matt Worth to replace the dehumidification unit at Falleti Ice Arena to express their disdain for the conditions of the locker rooms and other aspects of the facility during their meeting Monday night at City Centre Council Chambers.

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

Viele (armed with photos -- see above) and Council President Eugene Jankowski Jr. pointed out that the locker rooms exhibit mold in the carpeting, peeling paint, hanging cable lines and falling ceiling tiles, prompting Worth to say that previous inspections revealed that “general housekeeping was not up to par.”

Councilman John Canale mentioned the size and condition of the locker room for the women and girls who play in organized leagues at the Evans Street rink.

“The female locker room is very small,” Canale said.

Viele agreed, stating that plans need to be made to create a separate, adequate area for females.

“We need to get a women’s locker room so some of the women and girls aren’t sharing a locker room with the guys. We need to spruce it up to be competitive with other rinks like Lakeshore and Bill Gray’s and Scottsville as other teams want to come and enjoy our rink.”

Viele also said he didn’t like it when the heaters weren’t turned on for spectators at youth league games.

“It seems like they’re only on when the high school plays,” he said. “What about when all of these people come to watch their kids – hundreds of visitors who spend money at our restaurants?”

He noted that the Zamboni machine that resurfaces the ice broke down over the weekend, and that a replacement had to be found.

City Manager Jason Molino, who plays in the Batavia Men’s League at Falleti Ice Arena, said he hadn’t heard of any complaints, but welcomes public input.

“If there are complaints we’d like to hear them so we can move sooner rather than later,” Molino said. “Then we will sit down with the operator (Firland Management).”

Per the city’s contract with Firland, the management group is responsible for maintenance and upkeep.

At the close of the discussion, Council instructed Worth to talk to Firland personnel about their concerns.

City of Batavia management on Monday night unveiled an ambitious plan – utilizing social media and marketing techniques – which they hope will result in $100 million of private and public investment in the city by 2022.

City Manager Jason Molino and Assistant City Manager Gretchen DiFante presented their “$100 Million, I’m All In” plan to City Council, both speaking confidently that the city is at the point where “growth and investment should be our core focus.”

The presentation was broadcast on Facebook Live, but it was discovered that the transmission did not work properly.

A Facebook page has been set up specifically for this initiative and both Molino and DiFante have started Twitter accounts in an effort to open dialogue with business owners and residents.

Molino prefaced his “$100 Million …” budget outline by telling council members that his initial proposed 2017 budget calls for a property tax increase of 1.7 percent – which is under the state tax cap and equals about $1 per month to city taxpayers.

He also said the budget has a “flat sales tax projection” and is “on target” for anticipated water and sewer revenue.”

The primary focus, however, was on “return on investment,” with Molino stating that the campaign is designed for residents to receive a quarter back in investment in the city for every nickel of taxes that they pay.

Molino and DiFante took turns speaking about the plan’s four priorities: Focus on Growth, Operational Excellence, Neighborhood Investment and BIG Collaborative Projects.

Focus on Growth

Molino said that current projects will generate more than $5 million in road, sidewalk, and water and sewer investment in 2017, and major projects such as Ellicott Station, Batavia Brewing Company and freshLAB will increase that by another $20 million or so in 2018.

The budget also supports the Batavia Development Corporation’s effort to revitalize other segments of the Brownfield Opportunity Area, including the downtown mall.

Operational Excellence

DiFante spoke of creating an environment where business owners feel welcome – “we want every business owner operating in Batavia to be unable to imagine doing business anyplace else,” she said, noting that the recent sign code revisions are part of that strategy.

She also mentioned that the city is taking a hard look at its software system and is embarking on a three-year review and purchase of an “enterprise resource planning” system to increase efficiency.

Neighborhood Investment

This priority continues the city’s work toward eliminating vacant properties (“zombie homes”) and strengthening its relationship with Habitat for Humanity to redeveloped foreclosed homes for new families.

DiFante said that the city’s acceptance into the FEMA Community Rating System offers flood insurance discounts to residents who own homes in flood zones.

BIG Collaborative Projects

Molino said that these are projects that include multiple agencies and organizations that affect each one of these organizations to some degree.

“The (City Centre) mall resolution is the first step towards reinvestment in the largest contiguous area – 17 acres – of the city’s downtown and is a 'must' for growing our city,” he said.

He also said that forging a favorable sales tax agreement for the city as well as all Genesee County towns and villages, and determining a “safe and affordable future for our water supply” are the “most vital and critical elements” of the plan.

DiFante closed the presentation by encouraging council members and the public to “get excited” and to join in on the process.

“Having council members in front of the people who are investing in the community is important,” she said. “That personal touch means so much.”

She then handed out "$100 Million I'm All In!" stickers to all those in attendance.

Council is expected to conduct budget workshops beginning Jan. 23.

Before the Business meeting, Council held a public hearing on the local law amending the city sign code in connection with recent action focusing, among other things, on electronic digital signage. No one from the public spoke on the issue.

The revised code reduces the amount of time that the message on an electronic digital sign could be changed -- from once every hour to once every 10 seconds. It also eliminates an annual $25 fee that would have been imposed upon a business owner to operate a digital sign, and "grandfather's" in digital signs that currently are located in zoning districts (such as residential and/or industrial) not authorized to have electronic message boards.

In other developments, Council:

Former Batavia City Councilman Robert Bialkowski was sworn in Monday night to fill a vacant Councilman-at-Large seat created by the resignation of Brooks Hawley, who moved his family into his late grandfather's house in the Town of Batavia.

All eight Council members voted in favor of Bialkowski, owner of Great Lakes Aviation, but the "yes" vote cast by Patti Pacino came after a few moments of hesitation.

When asked about that following the Council's Business meeting at City Centre Council Chambers, Pacino said she would have liked more time to learn more about Bialkowski's viewpoints, especially in light of the strides the city has made in turning its finances around.

"When he was with us nine years ago, we had no money, but now we're up to A-plus," she said. "He must know that but he didn't tell me that. I want him to say, 'Okay, now I'm ready. This is working guys.'

"We've tried so hard, we've worked so hard, we've come so far, and I just want to be sure that he knows that and that he will say that. Eventually, I'll make him say it."

Pacino said she would have hoped to "have seen more discussion -- more time, that's all."

"I worked with Bob before. I did the Memorial Day parade with Bob every year. I have nothing negative to say about Bob. I just think it would have been nice to know everything he had in mind and how he felt about it because he was always real close to the city manager -- and I want him to be."

Bialkowski said he sought the endorsement of the City Republican Committee because he wants to tackle "some real challenges ahead ... and I like it and enjoy representing the people and doing the people's work."

He said it is important that Council is open to change and is able to "adapt rapidly."

"One of the things I spoke about (at last week's City Republican Committee meeting) was code zoning, like the sign ordinance. It has been a year, and it will get passed at the next meeting, but it took too long."

He also supports the Uber transportation business.

"Uber is right around the corner. When Uber gets licensed in New York, a lot of people in the community will probably get rid of their cars or their second car. It will be a big change," he said.

"Batavia is kind of on the outside of the major areas but anyone who has used Uber in a big city, it's terrific. Push a button on your phone, a car shows up, you go, get out, 'thank you for the ride, see ya.' And the bicycle ... it's an old device and it's making a comeback."

As far as the selection process is concerned, he said he thought the City Republican Committee did a thorough job in interviewing the candidates and following the rules.

"Chairman Dave (Saleh) did an excellent job. He stuck with the process and used the bylaws and there were no deviations. I think he did an excellent job and if I didn't get it (the endorsement), I would have said the same thing."

Bialkowski got the nod over former City Councilman William Cox and Notre Dame High School Assistant Principal/Athletic Director Michael Rapone.

Bialkowski is is a retired Army helicopter pilot and continues to serve as a Coast Guard auxiliary pilot. He has also served for many years on the City Republican Committee.

Photo -- City Clerk Heidi Parker officiates as Robert Bialkowski is sworn in as Batavia City Councilman-at-Large. Photo by Mike Pettinella.

City of Batavia officials, in preparation for tonight's budget presentation during the City Council meeting at the City Centre Council Chambers, have created a Facebook page and both the City Manager and Assistant Manager have Twitter accounts through which they are teasing this year’s budget mantra, “$100 Million, I’m All In!”

The goal, according to Assistant Manager Gretchen DiFante, is to engage in a great deal of conversation around the 2017/18 budget.

"In addition, we will broadcast the budget presentation through Facebook Live during the meeting," she said.

The links are listed here:

Facebook

Twitter link for City Manager Jason Molino:  @BATCityManager

Twitter link for Assistant City Manager DiFante: @BATassistantCM

Press release:

The City of Batavia Republican Committee on Thursday endorsed former City Councilman Robert Bialkowski to fill the City Councilperson-at-Large vacancy created by the recent resignation of Brooks Hawley when he moved into the Town of Batavia.

“We had three excellent candidates,” Chairman David Saleh said. “After they each presented their positions and qualifications to the Committee and after a lively debate, and several ballots, Bob was selected based on his experience and prior service.

The Committee is excited to recommend Bob to City Council and wishes to thank all three candidates for their willingness to serve the residents of our community.”

The other two candidates were former City Councilman William Cox and Notre Dame High School Assistant Principal and Athletic Director Michael Rapone.

Bialkowski is the owner of Great Lakes Aviation, is a retired Army helicopter pilot and continues to serve as a Coast Guard auxiliary pilot.

He has also served for many years on the City Republican Committee.

The next City Council meeting is scheduled for 7 p.m. Monday at City Centre Council Chambers.

A new state law that goes into effect today is another tool for communities in their efforts to crack down on the number of bank-foreclosed (“zombie”) homes in New York, according to Batavia’s city manager.

“While the local law that we passed deals with development of these types of homes, this state law is more about monitoring (the banks that have interest in abandoned properties),” Jason Molino said this morning. “It’s a good tool, but it will take time for things to filter out to see the impact.”

The Foreclosure Relief Act is a new law that requires banks or mortgage lenders to maintain properties that have become vacant during the foreclosure period, and also requires that periodic inspections be made. Failure to comply with the law could result in fines up to $500 per day.

The law also includes a toll-free hotline for people to report zombie properties and a statewide registry to track them.

“Once rules are put in place by the state agencies involved, we will have a better understanding of the accountability piece,” Molino said. “The goal is to prevent foreclosures from happening and also as a tracking and enforcement tool to prevent lenders from letting the properties go under water.”

The push to get the law passed in Albany was led by South Buffalo Assemblyman Michael Kearns, who promoted a “shame the banks” campaign.

Prior to this law, it was up to cities and counties to fight the banks that created the zombie homes, usually through fines against the property owners for building code violations. But since banks aren’t taking legal control of the houses, they have been able to avoid paying additional fines or fees.

Under the Foreclosure Relief Act, the state Department of Financial Services – which issues the banks’ state licenses – also has enforcement authority.

To report zombie properties, contact New York's Department of Financial Services at (800) 342-3736.   

About a year and a half ago, City Council passed a local law that provides incentives to owners of highly distressed properties willing to spend the time and money to renovate their homes.

Council acted on a gap financing plan devised by Molino (with assistance from the New York Conference of Mayors) that offers exemptions for up to 25 years on the increase in the property’s assessed value after redevelopment.