consolidation

Everybody's talking about consolidation. Will the city and town of Batavia merge into a single entity? Even more important than that: If it does, what will that mean for me and my taxes? In the hopes of shedding some light on the topic—rather than further obfuscating the issue by pandering to rumor—we thought to invite two of the major players down to our office for a video interview. We had hoped to ask Charlie Mallow, the city's council president, and Greg Post, the town's supervisor, to explain as succinctly as possible the central issues involved in a potential consolidation.

Unfortunately, Post didn't have much to say. It's far too early in the game, he said. Most of what we've been hearing so far has been "a lot of hype and political posturing," he said. He then recommended we check out the memorandum issued by the Center for Governmental Research on the upcoming consolidation study. Once we've done so, he would be more than willing, he said, to answer questions pertaining to specifics as they were mentioned in that document. So we did that. In fact, the document is right now sitting on the desk before me.

Before we turn again to Mallow and Post with some more specific questions, we thought it would be a good time to extract a few choice nuggets from the memorandum to help give folks a clearer idea of just where we are in this whole process and just where we may be going. Hadn't someone said that we would be voting on whether to consolidate as soon as November? Could that be true? Well, before we jump that gun, let's look at what we do know (all of the following excerpts have been taken from the memorandum by the Center for Governmental Research issued to the "City and Town of Batavia Consolidation Study Committee" on December 15). You may download the complete document here.

"The overall objective study was to identify ways to make the joint operations of the two governments more effective and efficient, by exploring ways to work together incrementally under a shared services approach, up to and including full consolidation of the two governments. Results of the study are expected to be delivered by October, 2009."

"If the City and Town of Batavia consolidate into one government ... This would be enough to reduce the combined property tax levy of the City and Town by 15% per year."

"In greater Batavia, local governments have ironed out their differences over provision of regional water service, and the City and Town have worked cooperatively on a regional waste water treatment system. However, current boundaries and the resulting turf protection issues have made it very difficult to develop cost effective regional solutions to deliver ambulance, police and fire services."

"Batavia already has two distinct advantages in pursuing consolidation:

• Most public school students in the town attend the Batavia City School District. Thus, there is not a town versus city conflict in public education within the greater community.
• The City and Town share the same name, thus there would be no loss of brand identity from the perspective of the outside world if the two entities were to consolidate."

"Fortunately for Batavia ... the top elected leaders in both the City and the Town are willing to actively support consolidation as being the right thing to do for the greater community in the long run."

Those are the main points made in the first part of the memorandum. Perhaps the most significant recommendation comes later on in the report, under the section: Moving Forward. It recommends that the joint study committee "should strongly consider developing a plan for consolidation that, if approved by the City Council and Town Board, could be put to a vote in the general election on November 3, 2009."

Whoa! There it is.

We can't yet say how any of this will work, we don't even have a plan, not even a confirmation of when the plan will start, but in ten months, the residents ought to be ready to put it to a vote! What's more bizarre, if the vote passes, the consolidation wouldn't even happen until 2011.

Here's my favorite line: "For discussion purposes, we will refer to this new consolidated government as New Batavia."

We would encourage anyone who is interested in these developments to download the complete copy of the memorandum (the link is above). There is much more to be read, some of which we hope to highlight in another post tomorrow, including the next steps, brief sketches of the different phases of the project and the four most common questions so far raised.

For now, we're in the midst of Phase One: "Develop a baseline of current operations." This should be completed by March 1, when we dive into the much more complex Phase Two: "Develop a model for New Batavia." That would be finished by May, when we would begin the final phase leading up to the November referendum: "Community discussion..." That's where I'm sure things will get especially interesting.

So... While we're getting things ready for the big discussion, it seems like a great time to ask: What do you want New Batavia to be? I say we build tunnels. Everywhere. Tunnels.

A potential consolidation for Batavia has caught the attention of more than just the local crowds. An editorial from the crew at the Syracuse Post Standard that went up a few days ago asks the question: One Batavia for all?

If Batavia's voters approve municipal consolidation next fall, it should make waves at least throughout the state. As Attorney General Andrew Cuomo recently noted, New York's 10,521 local government entities are excessive. Towns, villages, school districts and special assessment districts consume too many tax dollars and pit folks against each other who should join forces.

Is Batavia ready to make waves? What good or bad could come from the consolidation?

Roger Muehlig has a fascinating story this morning on a 40-year-old master planning document that would have aligned the land use planning for both the city and county.

When you drive around Batavia and contemplate the disorganized approach both entities took to commercial and retail development, you have to wonder: Why was the plan ignored?

The report, "A Comprehensive Master Plan for the Batavia Area," was done by Herbert H. Smith Associates of Rochester as consultant to a Batavia Area Planning Board. It is not dated, but was apparently done in the late 1960s.

Purpose of the area planning board, established in 1966, was "to provide foresight and guidance on matters of concern to both the city and town," according to the document that's on file at the Genesee County Planning Department,

The plan was commissioned in late 1967, the report said, and there are several references to a 20-year planning period up to 1990. The plan, it said, projects the area board's thinking approximately 20 years into the future, "and is therefore an effort to envision the Batavia of 1990."

Review of the 88-page plan is especially timely considering the current proposal to considate the town and city, but isn't there also an element of a little too late?  Batavia has undergone a lot of development and revedevelopment in 40 years. It might be a little hard to organize things now.

What would be more helpful, especially if consolidation goes through, is a completely new master plan -- one that builds on Batavia's historic strengths, finds solutions for catastrophic mistakes (like, the Mall), and focuses on creating a dynamic business environment to create jobs and grow revenue.

We received the following letter from Batavia City Councilwoman Rose Mary Christian:

(SMSI) shared municipal services

(CGR) center for govermental research

(AIM) Aid Incentives Municipalitys

Our obligation is to our city and our taxes payers. AIM revenues would be approximately $650,000 In the first year and that would reduce the combined property tax levy of the city and town by 15% per year.  Only if the city and town are consolidated. That’s a win-win situation.

The cities growth is down -7% and the towns growth is up + 26.2% giving these figures that the burden is on mostly city taxpayers for Ambulance, police and fire services. The city and town both have recognized boundaries to be shifted for growth. We are faced with fiscal challenges all the time and now is the time to step up and make the necessary changes to be a viable one municipality.

We have been successful with water, city dispatch consolidation and economic efforts. Now is the time to move forward for shared services and consolidation of the ambulance, fire and police departments.  I can foresee other shared services in the future to engage fiscal responsibilities like town and city highway departments  and the animal control officer.

My goal is to create joint shared services with economic growth for a fiscal responsibility for all. Giving the State of the economy we must protect our communities with shared services to create a fordable standard of living.

                            Councilwoman
                            Rose Mary Christian

We received the following press release from the city of Batavia:

The City of Batavia and the Town of Batavia today reported the results of a joint public meeting between the City Council and the Town Board held on December 17.  The joint meeting was held to receive a report and recommendations prepared by the Center for Governmental Research (CGR).  CGR has been engaged to conduct a City and Town Consolidation Study under a Shared Municipal Services Incentive (SMSI) grant funded jointly by the City, the Town, and New York State.

The joint City/Town Consolidation Study Committee supports CGR’s report and recommendation to proceed to develop and present a draft consolidation plan to the City Council and Town Board by July, 2009.  If the plan is approved by the two elected bodies, the plan could be presented to the voters of the City and Town in the November, 2009 general election.

CGR and the Committee made a presentation to the joint meeting of elected officials to discuss the initial recommendation.  The Study Committee will begin to develop the plan starting in January, and agreed to update the joint boards every few months, to ensure that the process is open and transparent.  At the end of the presentation, the joint boards applauded the Study Committee for its work to date, and endorsed moving forward as discussed.

Charles Zettek Jr., CGR’s project Director, noted that there are several key factors that are aligning in favor of consolidating the City and the Town at this time.  These factors include:  1. the severe fiscal crisis that is going to drive changes to keep costs as low as possible, 2. new financial incentives from the State to consolidate local governments, 3. strong support by the City Council President and the Town Supervisor, and 4. recent events that have shown that consolidation works and benefits the greater community.

“There is no question that if the City and Town of Batavia become a single new government, this will put Batavia in the national spotlight” Zettek said.  “Everyone recognizes that fragmented local governments in New York and across the northeast and Midwest are inefficient. Communities across the country will look to Batavia as being the best example of how to consolidate a city and town to create an efficient government designed for the 21’st century” Zettek said.

City Council President Charlie Mallow summarized the consensus of the two boards by saying “Both boards want to develop a detailed consolidation plan that can be presented to the voters next fall.”   “We both realize that consolidating the City and Town will provide significant cost savings that will reduce taxes” Mallow said. “The plan will spell out specifically how services will be provided, how much will be saved and other efficiencies.”

Town Supervisor Greg Post stated, “If you look at the master plan that was done 40 years ago, it viewed the Town and City as one community.  Now we have the opportunity to make that vision a reality.”

City Manager Jason Molino told the joint boards that the Committee is going to have an incredibly busy six months, reviewing all the operations and coming up with a plan to present to City Council and the Town Board.”  “However, the end result will be a definite plan so that the voters will have the facts and options they need to decide if they want to create a new consolidated government”.

The idea of consolidation of local governments is on its face appealing. It holds out the promise of cost savings, if not lower taxes, as well as reduced regulations on businesses.

Attorney General Andrew Cuomo thinks there are too many government agencies in New York.

“Simply put, our system of local government is broken. It has been outpaced by globalization, regionalization, and an ever changing marketplace,” he said. “The density of local government in New York is astounding. There are 10,521 overlapping government units, providing duplicative services creating needless, wasteful bureaucracies.”

The questionable assumption in Cuomo's statement is that globalization and regionalization (never heard that word before) is a good thing.

One could make the case that the smaller the government agency, the closer it is to the people it effects, and the more responsive it is to small group or individual needs.

Here are some other assertions worth further examination:

The law is filled with anachronisms. More disturbing is that the law contains provisions that are relics of the past that conjure up images of “poll taxes.” In some cases, an individual may vote to dissolve or consolidate governments, such as special districts, only if they own taxable real property in the area.

Comparing current laws in New York to racist policies of a Jim Crow era is a pretty loaded. What civil rights are being impinged by the current system?

Again, the idea of consolidation has its appeal. With 10K+ government bodies in New York, you can be assured that many are receiving totally inaccurate oversight.

As a young reporter in California, I loved covering special districts because they received such little attention from journalists. That lack of oversight encouraged a devil-may-care attitude among the officials charged with running the districts. Their expense reports were often a playground of excess if not outright maleficence. There's no doubt that there are redundant and uncessary districts in WNY.

However, I would be leery of any consolidation scheme that diminishes a small town's ability to engage in self rule. Residents shouldn't lose the ability to rub elbows with the elected officials who decided how to spend their tax money.

(Link via Buffalo Pundit)

Batavia's City Council agenda looks relatively uncontroversial—and we can all use a break, I'm sure—for their coming meeting Monday. During the business session, the group will vote on mostly financial issues, such as the "resolution to transfer $15,700 from the contingency account to the finance department professional fees and training accounts in the 2008-2009 general fund budget for the purpose of satisfying additional fees associated with the annual audit and training." Phew. Let's take a breath there. Does anyone else get a kick out of knowing that "fees" can be satisfied?

Seriously, though, Council will also take up the recently reviewed "Council Member Rules," which were brought back to the table by Council President Charlie Mallow during the conference session of the meeting two weeks ago. Rules include:

Council members understand that the time of the professional staff is valuable and will limit discussions and phone conversation during business hours to reasonable amounts of time.

Council members shall not use their position to intimidate Staff to secure a request.

Council members agree to act through the office of the City Manager and will not directly or indirectly give order or make request of department heads or City employees...

Council members are not to give direction or to give orders to any Staff member...

And so on... Do you see a pattern here? Or should I say blatant repetition: not to give orders, not to giver orders? Every rule seems to be a variation on the theme of: leave the staff alone. In fact, it seems that the "Council Member Rules" could be that one simple rule, and perhaps the title ought to reflect that, since no other type of rules are discussed.

Council will also vote to authorize the Center for Governmental Research to conduct a consolidation for the city and town of Batavia.

Click on the link below to download the agenda for the business meeting and the details regarding the agreement with the Center for Governmental Research:

• City Council Business Meeting Agenda: September 8
• Center for Governmental Research - I
• Center for Governmental Research - II

Council will meet at 7:00pm at City Hall.

The Genesee County Legislature voted unanimously last night to go through with the consolidation of sheriff and city police dispatch services, according to the Daily News. Most of the ground work has already been completed and the city sent its two dispatchers to the sheriff's facility on Park Road, where all calls will now be fielded.

In other news:

• Batavia's Yard Waste station on Law Street will be closed Monday. It will resume normal hours of operation Tuesday.
• Tom Rivers wrote a fantastic column about getting held up at a Canadian immigration check-point where he was given "the treatment."
• Between 4,000 and 5,000 people are expected to come out for Oakfield's Labor Daze parade Monday morning at 10:30am. the village will celebrate all weekend with "bed races" and square dancing on Saturday; gospel music, crafts and bingo on Sunday; and more of the same all day Monday. Should be a fun time.

UPDATE: I meant to say something about this earlier, but I forgot. Mark Gutman did a great job getting photos of the fire out in Byron yesterday. Every one is well composed and full of action. Great job, Mark!

For more on these and other stories, pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

City Council President Charlie Mallow said in a Daily News article today that the consolidation of dispatch services "handicaps our police a bit." Council OK'ed consolidation Monday, and the county legislature will vote on it tonight.

[Harriet] Scopano, a senior citizen, felt safer with someone at the station around the clock. Mallow, City Council president, said the city would lose its small-town appeal and become more like his native crime-ridden Buffalo.

Now that the station at 10 W. Main St. will close for nights and weekends, both of them feel the same, they said.

That just doesn't sound right.

Moving the dispatchers 1.7 miles away will make Batavia like "a crime-ridden Buffalo"? That just doesn't sound right. Scopano is quoted later on in the article as saying that "we'll have to watch ourselves, especially in the parking lot." It doesn't seem reasonable to suggest that just because dispatchers will no longer occupy the facility at all hours that the parking lot outside of headquarters will become more of a risk for violent crime. Heck, there's hardly any violent crime in Batavia as it is. It's one of the reasons why Batavia is a better place to live than, say, Buffalo. Do we really believe that criminals will now congregate outside the police station?

Police Chief Randy Baker makes a good point.

"For citizens, you're not going to see much of a change. We locked the doors after hours anyway for dispatchers to let (visitors) in," he said. "If someone is in immediate danger, they can go to the lobby at the jail. That's a manned area. They've always had that."

Don't people just call 911 when they're in trouble? Who goes to the police station? We call the police. They come to us if we're in trouble. That's why they've got the fast cars with the loud sirens and the bright flashing lights.

City officers are certain to shift their perspectives to go along with the changes, Mallow said. "They're going to do what they need to do to protect the citizens," he said.

Exactly. Especially since what they do won't change. Nor will what the dispatchers do change. The only thing that will change, really, is that when you call the police for an emergency, they'll pick up your phone a mile and a half away from where they did it before.

Consolidation between the Genesee County Sheriff's Office and the City of Batavia Police should go through by the end of the month, according to the Daily News. The county legislature approved a $76,000 capital project at its meeting last night—$9,926 of that will be paid by the county, the rest covered by a state grant.

In an article by Joanne Beck, City Council President Charlie Mallow says that a question initially posed for the city's board of ethics—does Councilman Bob Bialkowski have a conflict of interest regarding votes on the mall—will now be taken up by the county board of ethics. City Attorney George Van Nest "submitted the matter to the county's board within the last week, Mallow said. However, the county's Clerk of the Legislature Carolyn Pratt says that the county board cannot act "on any issue from a municipality that has already established an ethics board," and the city has its own board. I called Van Nest to ask him if this means that the county board will not hear the matter, but he declined to comment. It was the most simple question I thought to ask, and really beats at the heart of the whole article. If the county board of ethics can't meet to discuss this: first, why is it news? And second, why would Van Nest ask them to meet?

For more fun and informative articles just like these, be sure to get out and pick up your very own copy of the Daily News. Or, better yet, subcribe at BataviaNews.com.

Batavia and Genesee County should wrap up the paperwork side of the dispatch consolidation of the county sheriff's office and the city police department, according to the Daily News. Meanwhile, most of the work is done, and the dispatchers at police headquarters on Main Street are set to move to the sheriff's headquarters on Park Road September 1.

Reporter Paul Mrozek writes: "The draft of the contract calls for a 20-year agreement (between the city and the county), with both sides having the power to opt out with notice to the other party."

The City Council should vote to approve the contract at its meeting on August 18, expecting the county to follow suit.

You can pick up your own copy of the Daily News wherever the paper is sold. Or, better yet, subscribe at BataviaNews.com.

Batavia's City Council will meet Monday to tend to a pair of budget amendments regarding the consolidation study, most of which is funded by a state grant. Also on the agenda is a 2.75 percent wage increase for City Manager Jason Molino following the completion of Molino's annual review which was completed earlier in the week. (Council President Charlie Mallow first announced the results of the review on The Batavian this past Monday.)

Monday's big discussion is likely to be over the relocation of the youth football program, which has for years now been situated in the outfield of Dwyer Stadium. Officials from the Rochester Red Wings told Council about a month ago that if they wish to keep youth football at the stadium, the damage done to the field will mean costly annual maintenance to get the turf back in shape for the Muckdogs season.

Molino has recommended two potential locations to host youth football: Austin Park or Kibbe Park. Both would require an initial investment from taxpayers, though moving the field to Kibbe Park would mean much more.

This (above) is what the layour would look like if it were situated at Austin Park at a cost of $19,444. In a letter to Council, Molino said Austin Park would be the better fit.

As seen in the diagram, the field can easily be placed east to west in the open space of the park. There can be a user agreement developed between the City and youth football for access and use of the concession stand and bathrooms during the season. New bleachers can be purchased, but can also be used for other events during different times throughout the year. Parking is adequate...

Molino dismissed the idea of transferring the bleachers from Dwyer Stadium every year at a cost of about $6,000. The cost for new permanent bleachers for Austin Park would be about $13,000. Several trees on the east side of the park would have to be removed, and a scoreboard will have to be installed.

[The] Rochester Red Wings ... have offered to assist by holding a silent auction night for baseball paraphernalia at the Dwyer Stadium with all proceeds going towards the purchase of the new scoreboard ($4,000). They are also willing to assist with other fund raising efforts in conjunction with youth football.

As for relocating to Kibbe Park, the cost would be about $61,000 and would include the building of a concession stand and other facilities already located at Austin Park. The layout for Kibbe Park can be viewed below.

The meeting will be at 7:00pm on the second floor of City Hall. You can download the agenda for the business meeting.

Note: Mallow said at the last meeting that Council would discuss at this coming meeting the policy regarding Council members communication with city staff. There was no mention of this topic on the agenda.

Marianne Clattenburg looks at her city and sees all the benefits you would find in a metropolis — a symphony, appreciation for the arts, great restaurants — yet there is very little of the violent crime and squalor that makes big city living a risk. It's a perfect fit.

"I have a strong belief that we have a strong community and a very nice place to live and I want to keep the quality of life we've had," she says. "I'm guarded about how we cut things, what we cut."

Marianne joined the City Council in April of last year, took the seat for the Second Ward vacated by her predecessor who had left town. She was then elected to the position in November. So why would this mother of two and grade school teacher want to take on the often burdensome chore of running a city?

"I was afraid that with the taxes and budget where it was that we would cut so much from Batavia that the quality of life would not be the same," she says. "You have to have a certain quality of life in the city, otherwise there's no impetus for living in the city. You have to have that feeling of what you want the city to be and living there as a positive experience."

Marianne calls herself a moderate. She isn't so naive that she doesn't realize a city needs to spend money to get the kind of services that make it liveable. But that doesn't mean that there isn't some fat to be trimmed.

"It's just like the private sector has been doing since the downsizing of the '80s," she says. "We want to try to do the same with a smaller government."

No surprise, then, that Marianne supports consolidation, for the most part.

"New York has those issues of overlapping of government services," she says. "That's a testament of how old the state is. Over the years government has just grown and grown."

Marianne teaches the third grade at St. Joseph's School. (They hatched these chicks, here to the left, just yesterday.) She has only been there full-time for a year, though she has been teaching since 1982 as a substitute, while she raised her two daughters, both now in college — one for psychology, one for pre-law.

Now that she has done "all the mom stuff," as she says, it's time to step up and tackle the public business. Namely, consolidating, shrinking things down without sacrificing those things that make Batavia great.

"Sometimes consolidation isn't the panacea that you think it's going to be, but I'm sure there areas where consolidation is the way to go," she says. "The tax base is not what it used to be in Batavia, and everybody knows that. We have an aging city, aging water system."

"Where there's a willingness to do it, there has to be openness to pursue it."

City Councilman Sam Barone came by Main Street Coffee this morning for a chat. He was one minute early. Punctual. I like that. Over a couple mugs of black coffee, while white collars settled into their cubicle chairs and farmers into their plow seats, Sam and I talked about city life in a small town, what gets a man to run for office and what it's like to watch your kids leave home for greener pastures.

Sam grew up in Batavia, not far from Austin Park, he tells me. He taught science for a living out in Byron and Bergen, until he retired. But that doesn't mean he's any less interested in the science of life — animate or otherwise. He'll always have a soft spot for Batavia's parks, even if they paved over the wading pool to put in a spray park. He knows the trees of those parks intimately, some of them more than a century old, he says. Worth preserving. Worth appreciating.

Sam took a seat on the City Council only about five months ago. Why did he do it? Why would anyone do it? "Basically," he says, "the taxes."

"Last year, they proposed a large increase in taxes. So I started attending meetings to get information on how the city operates and realized we had some very serious deficits."

Still, Sam wanted to hang in the back seat. So when the Democrats asked him to run on their ticket back in July, Sam said: No. Of course, we know he gave in and got elected. He and his fellow Council members battled their way through the budget — laborious, he says — and reduced the tax increase to 8 percent, compared with the 23 percent hike from the year before, says Barone.

That laborious struggle to balance the budget may soon seem like a cakewalk as the city gets ready to roll up its sleeves and take a long hard look at the question that nobody seems to want to mention out loud: consolidation.

Albany recently approved a $93,000 grant for the town and city of Batavia to look at consolidating services and "potentially merging the two municipalities into a single entity," according to the Albany Project.

Sam admits that he's a bit wary of consolidation talk himself. He doesn't want the city to lose its cultural character by merging with the town. But at the same time, he doesn't see any reason the county can't help pay for ambulance service or the town can't share its snowplows with the city.

"Some areas should be consolidated," he says. "Some shouldn't. I want Batavia to have an identity."

He finds that identity in the city's parks, its green open spaces, its ball field and its homes. We talked at length about Batavia's homes — the facades along Main Street were the first thing I fell in love with when I took a virgin drive through Batavia earlier this year.

Sam spoke of the Brisbane Mansion, once a home, then turned City Hall, that now houses the police station. He told of the Briggs home down Walnut Street. I drove down that way to find it, but there were so many fetching abodes that I couldn't say for sure which one would take the prize. I snapped a photo of this yellow one that seemed a dollhouse erected for normal size people.

There was a very nice old home right at the bend where South Main turns into Walnut that also had plenty of fancy dressings and age spots to recommend itself as another contender for most interesting old big house in that ward of the city.

Heritage homes and ancient trees aside, the first thing on Sam's mind was bringing more jobs into Batavia, likely the first thing on most folks' mind these days around here. Sam has three boys. All three left their Batavia home for somewhere they could get a job. His eldest may not have gone far — to Rochester to work for a communications manufacturer — but the other two couldn't have gone farther, without leaving the country.

One boy took off for Portland, Oregon. Sam calls him "the free spirit" — he left to play music out on the west coast. The other left for Florida after he lost his machine supply job up here. Both are doing well for themselves, but they're doing it far from home.

"Part of it is the taxes," says Sam. "Part of it is the type of work you're looking for. People are finding the work elsewhere."

That might just be the biggest challenge for a City Councilman in these parts: get the work to come thiswhere. Best of luck with that, Sam.