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A revision to the time period of a new sales tax agreement between the City of Batavia and Genesee County is scheduled to be discussed by the Batavia City Council at a Special Conference Meeting at 7 p.m. Tuesday at the City Hall Council Board Room.

In an Oct. 2 memo to City Council, Interim City Manager Matt Worth wrote that the state Comptroller’s office likely would not approve the agreement with its current 40-year term without “special legislation” from the state legislature.

“Genesee County, with support from the City, will be requesting through our state representatives, that this special legislation be introduced for approval during the next available session,” Worth wrote, adding that there is precedent for such a move as Wayne and Ontario counties previously secured similar agreements.

 As a result, Genesee County has offered a 12-month extension agreement – through Dec. 31, 2019 – to provide time for the “special legislation” to go through the legislative process and pave the way for the signing of a 40-year pact, Worth wrote.

In September, Worth reported that the City and Genesee County reached a deal giving Batavia 16 percent of the county’s 50 percent share of the 8 percent sales tax through the end of 2018 – with provisions for that amount to grow in future years by a maximum of 2 percent per year.

Per the memo:

“If future sales tax growth exceeds 2 percent annually, the County will retain the amount above 2 percent, resulting in the City’s overall share changing even though the City received additional funds. Assuming that there will be growth above 2 percent during some years, eventually the City’s share of sales tax will become 14 percent of the total – which then removes the 2 percent maximum growth cap. The City will remain at 14 percent thereafter for the remainder of the contract.”

County legislators deemed that a change in the current agreement was necessary due to pending large expenditures, primarily a new county jail and several bridge replacements/repairs.

Also on the Conference Meeting agenda is a recommendation from the City Planning & Development Committee concerning a request by City Church to rezone several parcels on Liberty Street and Central Avenue from R-3 Residential to C-3 Central Commercial.

According to a letter dated Sept. 19 from Duane President, PDC chairperson, a vote to rezone five Liberty Street parcels and one Central Avenue parcel resulted in two in favor, one opposed and one abstention. Three votes were needed for it to pass, however, and the issue remains on the table.

Preston, speaking today by telephone, said his committee now has decided to approach the matter with a focus on creating an alternate zoning district or establishing a new district classification.

“We don’t want to do spot zoning in the city, but we want to work with City Church to come up with the right zoning,” Preston said. “We need to protect residents on the street in case the property is sold in the future and we don’t want to hurt what City Church is doing for the city.”

Preston said the PDC has called upon the city attorney to make changes that would satisfy both residents and the church.

City Church purchased the former St. Anthony’s Church campus, which included a sanctuary, school and residence, in 2016.

The Rev. Martin Macdonald, pastor, has indicated that the church wishes to offer activities such as a dance school, art school and community education classes that, according to city planners, could be considered a business activity and nonconforming use in an R-3 district.

More recently, it was reported that City Church is negotiating with the City to relocate the Batavia Youth Bureau from its current location on MacArthur Drive to the Liberty Street property. The proposal is supported by the United Way of Genesee County and other agencies, and is contingent upon the zoning change.

A pending affiliation switch from Democrat to Republican is a matter of “returning to my roots,” Batavia City Council Member Kathleen Briggs said today, using a phrase that was echoed by the City’s Democratic and Republican chairpersons.

Briggs, Council’s Fifth Ward representative, has served on the board since 2000.

When asked for the reasoning behind the move, Briggs, who has been a registered Democrat for the past 17 years, she said it was a matter of her “philosophy” reflecting a Republican-Conservative tone and had nothing to with any future endorsement.

City Democratic Party chair Erica O’Donnell supported that claim, stating that “up to this point, we haven’t discussed endorsements.”

O’Donnell said she is “sad to see Kathy go.”

“She has been a great councilwoman. She sent me an email over the summer stating that she previously was a Republican … was a registered Republican out of college … and is returning to her roots.”

When asked about future endorsements, O’Donnell said that “anyone who wants to run should be given a chance to run,” she said, mentioning that at least two people – including someone in the Fifth Ward – have indicated their willingness to run for City Council.

David Saleh, chair of the City Republican Party, agreed.

“Kathy is coming back home to her roots, and we’re very happy to see her come back,” Saleh said. “Her viewpoints are much more consistent with those of the Republican Party.”

According to a Genesee County elections’ office employee, any party change would take effect a week after this year’s November election. Briggs is not up for reelection until November 2019.

Currently, four of the six Ward council members are Republicans – Paul Viele (First Ward), Patti Pacino (Second Ward), John Canale (Third Ward) and Al McGinnis (Fourth Ward).

Briggs, for the time being, and Rose Mary Christian (Sixth Ward) are Democrats.

Saleh said he thinks that all of the Republican ward council members will run again.

“It’s a bit early,” he said. “I haven’t heard anything to the contrary.”

Several bowlers cracked the 700 mark in league bowling action around the Genesee Region last week -- including four left-handers who led the way in the Toyota of Batavia Thursday night league at Mancuso Bowling Center in Batavia.

Southpaws Rich Wagner (289--787), Brian Green (276--733), Jason Gallo (258--719) and Tom Baker (257--717) topped the list of high scores in the 14-team, five-person league.

Others hitting the 700 mark were Curtis Foss and Robbie Hanks at Oak Orchard Bowl in Albion, and Caycee Landers, Jeff Parton and Frank Jarkiewicz at Rose Garden Bowl in Bergen.

For the list of high rollers, click on the Pin Points tab at the top of the home page.

Update: Contacted this afternoon, Brian Benedict, VP of Sales, said that while the plant has been open all week, the employees who were laid off did not work due to the shutting down of the Goodyear Welt line. He said that "normal operations" will resume on Monday with 40 employees on the job. He added that there were no other plans, at this time, for expanded production opportunities.

Press release:

P.W. Minor LLC, a Batavia footwear manufacturer, is undergoing a business operation restructuring and has idled their Goodyear Welt manufacturing line.

This decision resulted in the layoff of 45 full-time employees. The P.W. Minor plant in Batavia will stay open and will continue to manufacture orthopedic and diabetic footwear.

The decision to idle allows P.W. Minor to focus its attention to its existing American Made orthopedic and diabetic product line as the market for this type of footwear is growing in the United States and around the globe.

These products will continue to be manufactured in Batavia.

“Our focus through this entire process has been on our employee’s well-being. We want to thank them for their dedication, loyalty and hard work.” said P.W. Minor CEO Hundley Elliotte.

“We would also like to thank the NYS Department of Labor, the Genesee County Workforce Development Board and the local business community for their responsiveness and offers to help get our affected employees back to work as soon as possible. When the time is appropriate in our business cycle, we will re-engage our Goodyear Welt manufacturing capabilities.”

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The move does not affect the Batavia Bootery retail store at 210 E.Main St., a multi-line store featuring quality brands including P.W. Minor footwear, said owner Dave Howe this morning.

"We have nothing to do with P.W. Minor as far as ownership is concerned," Howe said. "We're a completely separate entity ... and we are moving forward."

About P.W. Minor

P.W. Minor, founded in 1867 and located in Batavia, New York, is the second-oldest footwear manufacturer in the United States and the maker of orthopedic and diabetic athletic, dress and casual shoes.

All who spoke at this morning’s groundbreaking ceremony for a $4 million expansion project at Batavia Downs Gaming agreed on one central point: It’s the residents of the municipalities supported by the facility who benefit the most.

“Funds (generated) from gaming go to local communities to keep the tax rate lower,” said state Sen. Michael D. Ranzenhofer (R-Amherst), whose comments were echoed by state Sen. Robert Ortt (R-North Tonawanda), state Assemblyman Stephen Hawley (R-Batavia) and Downs President/CEO Henry F. Wojtaszek.

Also on hand for the event were former Buffalo Bills great Thurman Thomas, who serves as an ambassador for Batavia Downs Gaming; directors of Western Regional Off-Track Betting Corp., and Batavia Downs employees.

Ranzenhofer said he remembers 15 to 20 years ago – “what this facility was like then and what it is today is a dream come true."

"We want to make sure that this is viable and exciting for people to visit. (Expansion) plus the simple things like paving the parking lot and adding the hotel, makes it a jewel among other racinos in New York.”

“This is a long time coming,” Wojtaszek said. “We hope to complete it by the end of December.”

Wojtaszek said that the new amenities – a new cigar bar, additions to Fortune's restaurant including a new banquet area and bar, and expanded kitchen space to serve 34 Rush customers – will “increase revenue and more contributions to our communities.”

He added that he looks forward to future expansion and being able to offer sports betting.

Ortt, who noted that he had a poster of the "Thurmanator" as a Buffalo Bills’ fan when he was a youth, said the topic of gaming is a frequent one in Albany.

“We’re always talking about it … ways to make it viable and competitive,” he said. “We can see that OTB is doing the things to make it viable and competitive and to stay ahead of the curve. And the money that goes to the communities directly offsets property tax increases.”

Hawley, who also said he was a “longtime admirer of Thurman Thomas, but was not a kid while he was playing,” spoke of Batavia Downs’ rich history.

“This is the oldest flat track in America, opening in 1940 under the Provenzano family, and it is great to see it is expanding and becoming part of a new century,” he said. “It is a vital part of our economy.”

Thomas didn’t speak during the brief presentation, but said he felt “honored” to have the opportunity to promote the operation.

“I’ve always given back to the community,” he said. “It used to be in Buffalo but now that I’ve been here six or seven years, I feel like I’m part of this community. The fact that tax money goes back to the counties – that’s the most important thing.”

Batavia Downs Gaming and WROTBA is a public benefits corporation owned and operated by 15 WNY counties and the cities of Buffalo and Rochester.

Photos below -- renderings of new entrance, Gatsby bar and cigar bar (lower left). Photos by Mike Pettinella.

Brian Benedict, vice president of sales for P.W. Minor, would neither confirm or deny unsubstantiated reports (and social media postings) that the shoe factory at 3 Treadeasy Ave. in Batavia, is about to close its doors.

"We will have a full statement at the end of business tomorrow," Benedict said. "I am not in a position to comment with any finality. Things are still pretty fluid."

Earlier this week, P.W. Minor officials filed a "warn notice" with the state that layoffs and/or plant closing were possible. 

In the warn notice, the state was informed that potential layoffs could mean a loss of 42 jobs or all 82 jobs at the plant due to "economic reasons."

P.W. Minor was saved from closing in 2014 when Pete Zeliff and Andrew Young acquired the plant. In February of this year, the investment firm of Tidewater + Associates bought it from Zeliff.

The Batavia Development Corporation has decided to “float” a loan to a longtime Batavia businessman who believes he has tapped into the next big thing in healthy relaxation methods.

At its meeting this morning at the City Centre, BDC board members voted unanimously to extend a $30,000 loan to Gary VanValkenburg and his partner, Brandon Buckle, (left to right in photo above), toward the opening of Rest & Revive Float Center at 596 E. Main St.

The site of the new business, which VanValkenburg said he expects to open around Dec. 1, was most recently known as The Bed Room.

In fact, VanValkenburg has been in the bedding business – waterbeds and conventional mattresses – for close to 45 years, following an 11-year stint selling television sets.

He told the BDC board that the bedding business is difficult these days – “everybody is selling mattresses,” he said – and that he realized it was time to find his “niche.”

After being introduced to the “float tank” concept by a visiting professional violinist about three years ago, VanValkenburg said he did some research and is confident in the product’s strength.

“I found a niche. It is on the up curve,” he said. “Over the last three years, (sales) are up by 25 percent. More and more float centers are popping up all over the place.”

VanValkenburg said his center will feature three float tanks – a 4-foot by 8-foot tank, another in a float room and a float pod. He said they are filled with about 10 to 12 inches of water and 800 pounds of Epsom salt.

“You can’t sink,” he said. “It’s more dense than the Dead Sea.”

He explained that users take a shower (a shower is next to each tank) before entering the tank for (usually) 90 minutes and afterward. The tank can be used with the lid open or closed, in a dark room or lit room and with or without music.

“I have arthritis and I tried it, and there was no pain (afterward),” he said. “And it lasted for four, five, six days. It is therapeutic and because there is no gravity, it’s like you’re up on a cloud. It totally relaxes you.”

VanValkenburg said the therapy can help alleviate arthritis, scoliosis, fibromyalgia, migraine headaches and other conditions, and could even benefit those with autism.

Buckle said the tanks are sanitary.

“The amount of salt in the tanks makes it a hostile environment for pathogens,” he said. “As far as bacteria, you don’t have to worry about that.”

He said that the tanks are cleaned for 30 minutes after each use, and are on a regular schedule for deep cleaning and maintenance. Each unit has its own ozone generator, he added.

Buckle said there will be a retail component to the business as well in the form of float beds and other health-related products.

The business partners also have secured a $225,000 loan from Tompkins Bank of Castile and a $100,000 loan from Genesee County Economic Development Center to cover the total cost of the project, VanValkenburg said. The BDC loan is for five years with a 4-percent interest rate.

VanValkenburg said the center will be open seven days a week, from 9 a.m. to 9 p.m. He said the fee to use a tank is $65 but discounts will be available for Rest & Revive members.

In other developments, the BDC board:

-- Reluctantly accepted the resignation of Treasurer Mary Valle, who will be stepping down immediately due to a “conflict of interest.”

Valle said that she, as owner of Valle Jewelers on Jackson Street, and her children, who own the building at the west corner of Ellicott Street and Liberty Streets, plan to apply for some of the available Downtown Revitalization Initiative funds to expand their business ventures.

-- Voted to change the corporation’s designation from 501(c)(4) to 501(c)(3) to make it easier to accept charitable contributions, especially land donations.

-- Authorized President Pier Cipollone and Director Rachael Tabelski as authorized signers to expedite proceedings relating to the Ellicott Station project.

Tabelski said the BDC is communicating with Savarino Companies of Buffalo on a regular basis, but would not say when ground would be broken on the development.

“Every day we gain momentum as each piece is finalized,” she said.

-- Voted to reformat and expand the Building Improvement Handbook for the DRI Building Improvement Fund at a cost of no more than $3,300. Tabelski said the cost is reimbursable through the DRI.

-- Expects the City of Batavia’s commitment of $15,000 to fund Phase II environmental work at the Creek Park site (behind Falleti Ice Arena) to be transferred soon.

The goal, Cipollone said, is to consolidate three existing parcels – one owned by the City, one owned by Genesee County, and one owned by the Town of Batavia – into one property that can be offered to potential developers.

Keeping tabs on trash collection dates has become bit of a messy situation in the City of Batavia.

In an effort to make sure residents are in compliance with the City Code that governs refuse pick-up, Interim City Manager Matt Worth has been doing some research into other communities’ policies and has offered some recommendations moving forward.

Worth addressed the issue at Monday night’s City Council meeting, supported by a memo to City Council dated Sept. 19.

According to Worth, the City Code provides flexibility for residents in regard to designated pick-up days, the number of bags and the time period for placement at the curb. The City Code allows for trash to be placed at the curb after 3 p.m. the day before scheduled collection and for containers to be removed with 24 hours after collection.

He said that on streets where refuse pick-up occurs several days of the week, it has become difficult for city staff to enforce the time restrictions. Furthermore, he said that enforcement officers have discovered that, in many cases, new tenants have moved into apartments and didn’t know their trash pick-up day or that the landlord has changed refuse collection vendors.

Worth reported that four primary refuse collection vendors operate in the City, picking up trash primarily on Monday through Friday. Currently, all City residents and businesses contract directly with independent vendors.

City Council Member Robert Bialkowski said his goal was to develop a four-day pick-up schedule (Tuesday through Friday) with regulations governing the type of vehicle that can be used.

“Right now, you can put garbage out every day and say a friend is picking it up the next day – and it would be completely legal,” Bialkowski said.

Worth reported that he looked at trash collection policies of neighboring communities, specifically the towns of Greece and Henrietta and the Village of Brockport. All three have licensing requirements (including fees, proof of insurance and vehicle compliance standards) on refuse collection vendors and have restricted pick-up days.

He added that he plans to continue the dialog with the vendors to find a viable solution before looking at the imposition of licensing.

“Imposing regulations upon a vendor with existing collection routes without hearing their concerns and recommendations would be problematic,” he said, noting that free-market practices minus government interference “helps to keep the rates and service levels competitive and should be a consideration …”

Following the discussion, City Council directed Worth to move forward with his communication with the vendors and provide updates.

FIRE PREVENTION WEEK: Batavia City Council member Kathleen Briggs reads a proclamation Monday night declaring Oct. 7-13 as Fire Prevention Week as, from left, Fire Chief Stefano Napolitano, Lt. Greg Ireland, Lt. David Green, Firefighter Sean Huggins, Firefighter Chris Morasco and Firefighter Ryan Whitcombe look on. Photo by Mike Pettinella.

Batavia City Council is prepared to enter into a partnership to develop Teen City, an afterschool program for kids from the ages of 9 to 16 to be housed at the City Church-owned St. Anthony’s campus on Liberty Street.

The board, at its Conference meeting tonight at City Centre Council Chambers, reacted positively to a presentation by Jocelyn Sikorski, executive director of the City and Genesee County youth bureaus, by agreeing to let her and Acting City Manager Matt Worth continue their negotiations with City Church to move the City Youth Bureau from its present MacArthur Drive location.

“(The former St. Anthony’s School) gives us much more space than we could have ever imagined,” Sikorski said, explaining that the youth bureau staff will be working with the Genesee Area Family YMCA to provide a setting that “will incorporate active play, educational space, and health and wellness while fostering community service.”

Sikorski (in photo above) said St. Anthony’s would offer a classroom/tech room, recreation room, gaming room, cafeteria, kitchen and full gymnasium during program hours, which are set at 2:30 to 6 p.m. from Monday through Friday during the school year and 1 to 6 p.m. during the summer.

The youth bureau and YMCA have secured more than $110,000 thus far, she said, with the United Way of Genesee County pledging $50,000 for renovations and start-up and an additional $10,000 annually for five years to maintain the program.

Bullet Aid ($30,000), Greater Rochester Health Foundation ($17,600), Ralph Wilson Legacy Funds ($11,000) and Rotary Club of Batavia ($5,000) also are supporting the project, Sikorski said.

The plan is contingent upon the facility being rezoned from residential to commercial, a process that has moved along and will be determined by a vote of the City Planning & Development Committee.

Other things that need to be done before the program starts include information technology upgrades, renovations in line with Americans with Disabilities Act requirements and a security policy to be “modeled after the Batavia City School District’s,” Sikorski said.

City officials have begun to talk about a lease agreement with City Church, but no terms have been reached yet, Worth said.

 “We haven’t really had that defined yet. We’ve had very front-end conversations on how the structure might be, but the actual financial parts of it have not been nailed down yet to give specific numbers,” Worth said, adding that necessary investments by City Church will weigh into the terms.

The ultimate goal, he said, “is for it to be a net-zero cost (to the City) compared to how the youth bureau is being operated now.”

Worth said that if the City School District opts to use the existing Youth Bureau, leasing terms for that site would be negotiated.

“(The district) could take over the utilities, something like that,” he said. “But that’s too much detail from where we are at the moment. Hopefully, in a month from now I would have a better answer.”

Council Member John Canale said his idea would be to "convert it (the current Youth Bureau) back to a pool house and put the (City) pool back in there."

Sikorski said the timeline is one “you may call ambitious” as they hope to have Teen City opened by January.

In other action, Council moved the following measures to its Business meeting on Oct. 9:

-- A resolution to continue stipends above and beyond their normal salaries to Worth, James Ficarella, Ray Tourt and Lisa Neary through the pay period ending Jan. 4. All four have taken on additional duties during the months the City has been without a manager or assistant manager.

Worth would continue to be paid a stipend of $1,000 per month, while Ficarella (superintendent of water and wastewater), Tourt (superintendent of maintenance) and Neary (deputy director of finance) would keep getting a $750 stipend.

Council Member Robert Bialkowski called their effort “a bargain.”

“Since we haven’t had a manager or assistant manager, it really isn’t costing the city taxpayers,” he said.

His colleague, Rose Mary Christian, however, looked at the request differently, saying she opposed extending the stipends past October – the month that new manager, Martin Moore, assumes his duties.

She was the only one to oppose the extension as the rest of the group agreed that two additional months would be needed to ensure a successful transition.

-- Two resolutions dealing with City Fire Department programs – the implementation of an external Emergency Medical Technician class to be offered on an annual basis and the acceptance of a $1,500 state grant to continue a child safety seat initiative.

Fire Chief Stefano Napolitano said there about 27 people who wish to take the class, which is designed to train citizens interested in becoming EMTs for their own personal benefit as well as those who offer their services to other fire, rescue or Emergency Medical Service agency.

Napolitano requested a budget transfer of $15,000 to deliver the class, and said he expects that tuition fees will return that amount and likely $4,000 more back to the City.

-- A resolution to solicit bids to repair the silo entries of the City Centre Mall and segments of the roof near Sunny’s Restaurant and the hallway adjacent to City Hall.

The repairs are part of the settlement agreement between the City and Mall Merchants Association.

“These two areas (of the roof) are where the vast majority of the proverbial buckets are sitting,” Worth said.

Chris Bardol of Brockport wasted no time in getting his name on the Genesee Region USBC bowling honor score list as he posted a season-opening 299 game and 814 series in the G&W Vending League at Rose Garden Bowl in Bergen.

The 30-year-old right-hander is one of the most accomplished bowlers in the area, having registered numerous tournament titles at the local, collegiate and national levels.

For a list of scores around the GRUSBC, click on the Pin Points tab at the top of this page.

Mike Pettinella's Pin Points column will return to The Batavian this season, with his first column to appear this Thursday (Sept. 20).

The Genesee County Planning Board on Thursday recommended rezoning six of the seven parcels that were requested to be reclassified for commercial use by City Church, owner of the former St. Anthony’s Church campus.

The county committee’s action comes on the heels of the Batavia City Council’s vote to send the issue to the City Planning & Development Committee for final review.

City Church had filed a petition to change the parcels – 42 Central Ave. and 110-124 Liberty St. – from Residential (R-3) to Central Commercial (C-3) to allow for uses such as a dance school, art school and community education classes.

County planners approved the request with a modification stating that the house at 124 Liberty St. should remain in the residential district.

In its opinion, the board pointed out that rezoning to C-3 will “ease the adaptive reuse of these buildings, however the Future Lane Use Map in the City’s Comprehensive Plan adopted in 2017 designates this area as “Restoration Residential.” Therefore, the home at 124 Liberty St. would serve as a buffer from any commercial uses in the other parcels."

County Planning Director Felipe Oltramari said that it was his understanding that City Church leaders had no plans for the commercial use of 124 Liberty St.

The item is on the agenda of the Sept. 18 meeting of the City Planning & Development Committee. Should it be approved, a public hearing will be scheduled.

In other action, County planners recommended:

-- Approval with modifications of a special use permit and area variance by DiLaura Enterprises to build a self-service storage building at 8994 Alexander Road (Route 98). The proposed 65,000-square-foot building is to be used to store impounded and collision vehicles.

Modifications include: a vegetative buffer between the NYS drainage right-of-way and the parking area; driveway permits from NYS DOT; no storage of vehicles for more than 120 days; proper on-site lighting; and regulated disposal of oils and other possibly hazardous materials.

The building reportedly would measure 50-by-100-by-16 feet with two overhead doors, and would have two entrances and exits to make it easy for trucks to pull in and out. It also would have all utilities, a few outside lights, be fully fenced and gated.

The owner, Dan DiLaura, has said the building will be used for “personal storage" of race cars, towing equipment, tools, tires, etc., but it would not be used for any commercial repairs.

A public hearing is scheduled for Sept. 18 before the Batavia Town Planning Board meeting.

-- Approval with modifications of a special use permit and site plan review to add a truck maintenance facility on the grounds of the Pilot Flying J Truck Care Center at 8484 Alleghany Road (Route 77), near the 48A Thruway interchange in the Town of Pembroke.

According to the application submitted by the owner, Landon Lane, the project calls for the construction of a 7,960-square-foot, two-bay service garage to be located behind the existing truck stop and entirely within the existing parking area.

The hours of the Truck Care Center are said to be 6 a.m. to 10 p.m. daily, and services performed at the shop include routine maintenance items such as oil changes, tire replacement/repair, mud flap, light bulb, and battery replacement, and other small maintenance items.

-- Approval of a site plan review to change the use of what was a “storefront church” at 10 Lake Ave. (Route 19) in Bergen to a professional office space and art studio owned by David and Anna Marie Barclay.

-- Approval with modifications of a special use permit for Matthew Baldwin to operate a bulk food/deli retail store at 3387 Broadway Road (Route 20) in Alexander.

Modifications focus on the proximity of the Route 20 right-of-way near the building, prompting planners to require the applicant to obtain a driveway permit from NYS DOT and to produce a site plan that clearly delineates all the parking spaces to be utilized by the business.

If Genesee County cuts out or reduces the amount of sales tax revenue it distributes to its towns and villages, it likely will result in increased property taxes to those living in those communities.

That’s the view of Darien Town Supervisor David Hagelberger as he keeps a watchful eye on the situation while representing the Genesee Association of Municipalities on a committee working with Genesee County and City of Batavia leaders.

“Towns and villages are saying that if the county keeps all of the sales tax money, they would have no alternative but to raise local taxes to compensate,” Hagelberger said today. “If the county keeps all of it, you will see an increase in property taxes, slashing of services, depletion of fund balances or a combination thereof.”

Hagelberger said he is concerned over a couple of key issues:

-- That a new sales tax agreement between Genesee County and the City of Batavia does not include towns and villages – unlike the previous agreement that expires at the end of 2018;

-- That the County Legislature has indicated that it will forge separate agreements with the towns and villages based on a fixed dollar amount – and not a percentage that previously applied.

On Monday night, the Batavia City Council moved to vote on its agreement with the county at its next meeting on Sept. 24.

The new 40-year agreement calls for the city to receive its current 16 percent of the county’s share (Genesee County gets to keep half of the 8 percent sales tax, with the rest going to the state) through this year with provisions for that amount to grow in future years by a maximum of 2 percent per year.

If future sales tax growth exceeds 2 percent annually, the county will retain the amount above 2 percent, resulting in the city’s overall percentage share changing even though the city received additional funds. In any event, the City’s share will be no less than 14 percent for the remainder of the 40-year contract.

Meanwhile, towns and villages, which currently split 34 percent of the county’s share based on full taxable value of real property, are left out in the cold going forward, said Hagelberger, who reported that legislators on Wednesday night tabled voting on the agreement with the City of Batavia based on new information from the State Comptroller’s office.

“We have learned that the county has decided not to include us in the sales tax agreement, but will be replacing that with ‘Payment Distribution Agreements’ with the individual towns and villages,” he said. “Their proposal caps the sales tax distribution at the 2018 number – a fixed dollar amount and not a fixed percentage as in the past.”

What this means, according to Hagelberger, is that towns and villages would get the same dollar amount as they received in 2018 for the next 40 years. In the Town of Darien's case, for example, he projects sales tax revenue to exceed $1 million for this year.

“And we all know what happens with inflation and fixed incomes,” he said. “This is not good for towns and villages.”

County Manager Jay Gsell confirmed that the county is offering a fixed amount to towns and villages -- instead of a percentage – via what he termed a “Revenue Distribution Agreement.”

“The county is looking at building a new jail and spending $120 million on bridges and roads,” Gsell said. “Genesee is one of three counties in the state, by virtue of a 1938 statute, totally responsible for the maintenance, upkeep and replacements of bridges and culverts – anything going over a body of water that a vehicle can drive over.”

Gsell acknowledged that towns and villages may have to look at other revenue streams.

“Darien and Pembroke, for example, have zero town tax rates,” he said. “They have been budgeting a lion’s share through sales tax revenue.”

He also said the legislature is prepared to act on its agreement with the City of Batavia at its Sept. 26 meeting, noting that a procedural point brought up by the State Comptroller’s office forced the board to table it last night.

Hagelberger said that town supervisors are under a time crunch to submit their preliminary budgets later this month – fiscal plans that include property tax projections.

“We may not know in enough time to properly work up a budget. We have no guarantee if revenue from sales tax will go into the budget. It creates a lot of uncertainty,” he said, adding that any sales tax contract has to be approved by the State Comptroller’s office and that could impact the accuracy of final budgets which need to be completed by Nov. 28.

Hagelberger said he hopes the county will “clarify its position” soon and expects the issue to be a major part of the next GAM meeting on Sept. 20 at Genesee County Building 2 on West Main Street Road.

Acting on Interim City Manager Matt Worth’s analogy that the City will benefit from “a thinner piece of a larger pie,” the Batavia City Council on Monday night agreed to set a special business meeting to vote on a new sales tax agreement with Genesee County.

A revised sales tax arrangement with the county is necessary since the current 10-year pact – which gives the City 16 percent of the county’s 50 percent share of the 8 percent sales tax -- expires at the end of this year.

County legislators, looking at future big ticket items such as bridge replacements and a new county jail, balked at extending the existing agreement, setting the stage for negotiations between the two entities.

The proposed deal calls for the City to receive its current 16 percent of the county’s share through this year, with provisions for that amount to grow in future years by a maximum of 2 percent per year.

“This allows the City to increase in growth by up to 2 percent a year until the City’s portion of the pie becomes 14 percent,” Worth said. “So we go from 16 percent to 14 percent as that pie gets larger and larger.

At that point, once that floor of 14 percent hits, all the restrictions go off and there’s no more restriction of 2 percent growth. So if the sales tax goes up by 5 percent, and we’re at 14 percent, the City gets a 5-percent increase as well.”

In any event, the City’s share will be no less than 14 percent for the remainder of the 40-year contract, Worth said.

“The 14-percent floor is an additional safety net for the City to share in good years above 2 percent, once that threshold is reached,” he said, noting that historically sales tax goes up by 2.5 percent annually.

The County Legislature is expected to vote on the matter on Wednesday of this week, while City Council scheduled a business meeting to address the agreement in conjunction with its conference meeting on Sept. 24. From there, it goes to the state comptroller’s office for approval. If approved, it would go into effect on Jan. 1.

The new agreement, unlike the current one, does not include wording about allocations to Genesee County towns and villages because, according to Worth, the towns have no taxing authority and are not a “sign-on” to the contract.

“It is my understanding that the comptroller was not comfortable with the towns being referenced in the agreement, and that the county will have separate agreements with the towns and villages,” he said.

Responding to questions from Council Member Adam Tabelski and Interim City Manager Worth, Council President Eugene Jankowski said the new agreement should be a “stabilizing” factor in annual budget preparation.

“We’ve been in a holding pattern for the last couple years, not knowing if the agreement would go through,” Jankowski said. “We’re in a better position now.”

In other action, Council:

-- Voted to send a resolution calling for the rezoning of the St. Anthony’s Church area on Liberty Street from residential to commercial to the City Planning & Development Committee.

City Church, which purchased the former Catholic church in 2016, filed a petition to reclassify the campus to allow for some activities (dance school, art school, community education classes, etc.) that could be considered a business activity and a non-conforming use in an R-3 district.

Should the planning board approve, a public hearing will be scheduled.

-- Approved the placement of 10 bicycle racks and six trash cans in downtown locations per a request from the Batavia Business Improvement District.

-- Voted in favor of two resolutions pertaining to the Ellicott Station project coordinated by Savarino Companies of Buffalo.

One grants a stormwater easement due to the fact that a major city storm sewer lies within the boundary of the project; and the other distributes a National Grid Urban Center/Commercial District Revitalization Grant in the amount of $250,000 to enhance the Ellicott Trail Project, which will run along the southern boundary of the Ellicott Station site.

-- Voted to submit an application for Transportation Improvement Program funds for the rehabilitation of four city streets – Harvester Avenue, Jackson Street, Bank Street and Richmond Avenue – that qualify under federal guidelines.

The Batavia City Council on Monday night voted to move several resolutions forward, including measures to rezone the St. Anthony’s Church area on Liberty Street from residential to commercial and to install bicycle racks and trash receptacles in several locations within the Downtown Business Improvement District.

A memo from Interim City Manager Matt Worth suggests that seven parcels on Liberty Street and Central Avenue surrounding the St. Anthony’s Church campus – which was purchased by City Church in 2016 – should be reclassified from R-3 to C-3 to allow for some “ancillary activities (dance school, art school, community education classes, etc.) that could be considered a business activity and a non-conforming use in an R-3 district.”

City Church, on July 19, filed a petition to rezone this campus of parcels that would annex the property into the adjacent C-3 district, thus bring the property into conformance with zoning regulations, Worth wrote.

Council’s action moves the resolution into the hands of the Genesee County Planning Board for a recommendation and then to the City Planning and Development Committee for review and to schedule a public hearing in accordance with zoning laws.

In late July, the BID sent a request to the City to install 10 bicycle racks and six trash cans at downtown locations.

A memo from Ray Tourt, superintendent of maintenance, listed the sites as follows:

Bicycle racks – Tim Hortons, Save-A-Lot, Court Street (near the former Coffee Culture); outside JCPenney/Batavia Showtime; near the Christmas Tree between the Bank of America and Tompkins Insurance; in front of Game On on Main Street; in front of Southside Deli on Ellicott Street; in front of Pok-A-Dot on Ellicott Street; in front of Bourbon & Burger Co. on Jackson Street; and in front of Glass Roots on Center Street.

The BID has four more bicycle racks that can be used as replacements when needed.

Trash receptacles – Two on East Main Street and four on Ellicott Street from Court Street to Goade Park.

Tourt said the bicycle racks are of a hoop design marked with a feet motif to go with the BID’s “Feet on the Street” promotion. The trash cans are similar to ones installed by the city in 2004.

Council also agreed to consider a pair of resolutions dealing with the Ellicott Station project coordinated by Savarino Companies of Buffalo.

One is the granting of a stormwater easement due to the fact that a major city storm sewer lies within the boundary of the project.

Worth wrote that this is a requirement of the site approval issued by the City Planning and Development Committee, and would serve as an “important legal document giving the City access for maintenance of this storm sewer in the future.”

The other focuses on the distribution of a National Grid Urban Center/Commercial District Revitalization Grant in the amount of $250,000 that has been awarded to the City to enhance the Ellicott Trail Project, which will run along the southern boundary of the Ellicott Station site.

Based on preliminary construction estimates, Savarino Companies has identified $183,477 worth of improvements (landscaping, lighting, seating, etc.) that would be reimbursed by the grant. An agreement with the City would allow Savarino to access up to the full amount of the funds provided by National Grid.

Council is expected to vote on the BID and Savarino resolutions at its Business Meeting on Sept. 10.

Mike Jamil wants a lighted field for his softball league.

Kenneth Wolter and Aaron Alwardt want a stop sign on Watson Street.

Batavia City Council heard from these three people on Monday night prior its Conference and Business Meetings at City Centre Council Chambers.

“I need lights,” said Jamil, director of the Batavia Softball League, that he says will field 17 teams for his fall league that starts next week and runs until November. “We can only get four games in at Kibbe (Park). I have facilities looking right at me; there’s a public park over there (Williams Park on Pearl Street).”

Jamil said he asked city officials about the possibility of using the lighted baseball field at Williams Park for his softball league, but was turned away.

“No discussion. It’s a baseball field, for baseball” was the response, Jamil said.

He said that his group would take responsibility for the condition of the field, and noted the only modifications would be that the pitcher would toss the ball 10 feet in front of the baseball pitcher’s mound, and that the bases would be 65-70 feet instead of the 90-feet distance for baseball.

Jamil has at least two council members in his corner at this point.

“I don’t understand why the league can’t use Williams Park when no one else is using that field,” John Canale said.

“If no one is using it, why can’t they use it?” Paul Viele asked.

Council, after being advised by Attorney George Van Nest that the different layout could create “potential ramifications,” said it would look into Jamil’s request in a timely fashion.

Jamil said he ran three leagues in the spring/summer with a total of 27 teams, using Kibbe Park and the unlit softball diamond at Williams Park.

Wolter and Alwardt spoke of issues stemming from the amount of traffic and rates of speed in the vicinity of Watson and Thorpe streets and called for the placement of a stop sign on the Watson Street side.

“Traffic goes by way too fast in my eyes,” Wolter said, noting that there are many children in the neighborhood and they run out in the street for a ball at times. “Why is it a big issue for a stop sign? Could someone tell me why we don’t need a stop sign?”

Both Watson Street residents also mentioned the need for increased police patrol, citing recent disturbances and drug dealing.

Police Chief Shawn Heubusch said that a traffic study was done, but “did not call for a stop sign at that time” and Maintenance Superintendent Ray Tourt added that a stop sign can’t be used for speed control.

City Council President Eugene Jankowski said the solution could be “something else as traffic could be confusing at that intersection.”

“We need to address something over there,” he said.

Council Member Kathleen Briggs said that she and city officials have been contacting landlords, and both Jankowski and Briggs suggested calling Child Protective Services in cases of children not being supervised.

Alwardt agreed.

“The problem is the parents; there is no supervision,” he said.

Discussion about the selection of Martin Moore as the new manager of the City of Batavia turned a bit nasty tonight when City Council Member Rose Mary Christian made disparaging remarks about the in-house committee in charge of the vetting process and the consulting firm that was hired to steer the governing body in the right direction.

After Council President Eugene Jankowski and councilpersons-at-Large Adam Tabelski and Robert Bialkowski spoke about the process -- outlining their extensive interviewing, background checks and objectivity, Christian jumped in, first criticizing the Novak Consulting Group and then her three colleagues.

“I thought the Novak Consulting Group did a lousy, lousy job,” she said. “I had asked how many resumes came in and I was told 20 to 25. And from that five were chosen, one was sick, the other had personal problems, and the third person picked another municipality.  All we had was two people to interview.”

Christian also said that there were travel and training expenses as a result of the contract with Novak that she wasn’t aware of and added that she had hoped a current city employee (“an assistant”) would have applied for the job because “the salary ($110,000) was a big challenge for me.”

“I told you guys that I wasn’t going to vote for it. It won’t be unanimous; you’ll have eight yesses and my no.”

All three members of the steering committee responded to Christian’s comments.

“Everyone is entitled to a vote, but to insinuate that Novak was not truthful to us … is very misleading. Novak did a good job,” Tabelski said.

“We received three dozen, not 20, applications and eight to 10 candidates made it to the initial vetting. We then whittled the list down. It’s not the quantity of applicants, but the quality, and we have that.”

Bialkowski agreed, stating that Novak did a “stellar job.”

“They gave us the 10 best and we went from there,” he said.

Jankowski addressed the contract with Novak, noting that “it was all there in the open and you should read the whole packet before you vote on it.”

He then called out Christian (but not by name) for leaving an interview session early.

“I would think you would stay for the whole meeting and not leave for your other job," Jankowski said. "You wouldn’t say 'I don’t have time for this; I have to go to work.' This is one of the most important things that we do.”

Christian took the floor again, saying that she was told there were 20 to 25 applicants and clarifying to say she meant just travel expenses, not training.

It was then she called Jankowski, Tabelski and Bialkowski “the Three Stooges and Frick, Frack and Frank,” or something close to that.

Council Member Al McGinnis defended the trio – “You three did an outstanding job” – and Bialkowski responded, “You don’t resort to name-calling. That’s about as childish as you can get.”

After that, Council voted 9-0 to move the measure to a vote. The decision in favor of Moore was 8-1, with Christian casting the lone “no” vote.

Following the meeting, Jankowski explained why Moore, city manager of Eunice, N.M., for the past seven years, was the last man standing.

“We looked at many applicants and Dr. Moore rose to the top based on his educational level, his experience level, his personality and his experience in his present job,” he said. “He did really well in the interview. Most of Council really found him very favorable, and he just really rose to the top very quickly.”

Jankowski said although Moore is coming from a smaller community, he does have a “lot of education and a lot of background, and he has experience in other communities in his earlier career.

“He went through some really tough times in Eunice, N.M., where they had a serious income (problem) based on the oil industry. Some things dropped off from underneath them, their budget was cut dramatically. He was able to work through that, which I thought, with some very innovative ideas.

“It minimized any loss of jobs, and they were able to keep services continuing even though they took a big hit on their community income. That was very impressive. I liked that thought process and how he was able to handle that.”

Jankowski said that experience gave Moore “a good education” and made him a good fit for Batavia.

“We (Batavia) kind of went through something similar ourselves … and he knew all about that. He had done some research on us as well. I think he found other projects that are going on presently as a very big challenge, and he likes that challenge. And I think he’s going to do very well here.”

As far as Christian’s remarks are concerned, Jankowski said he found it “kind of odd, the combative nature of that whole exchange, and I agree with Councilman Bialkowski when he said that we really shouldn’t (resort to) name-calling.”

In a related matter, Jankowski suggested that the City continue to provide a stipend through the end of the year to the handful of city employees who have been doing extra work since Molino’s departure, including Interim City Manager Matt Worth.

Moore begins his tenure as the City’s manager on Oct. 15.

Updated at 8:55 p.m.

City Council voted by an 8-1 margin to hire Martin Moore, Ph.D., as the City's new manager, replacing Jason Molino who left for an administrative position in Tompkins County in January. A story about the voting at a special business meeting at City Centre Council Chambers will follow.

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The Batavia City Council is expected to approve the hiring tonight of Martin Moore, Ph.D., city manager of Eunice, N.M., since 2011, as the city's new top executive.

Moore has accepted a three-year contract, which must be approved by the council tonight, to fill the vacant city manager position in Batavia.

Moore will begin his duties in Batavia on Oct. 15.

City Council President Eugene Jankowski said Moore could not attend tonight’s meeting due to a family wedding but will be available via video conference at 3 p.m. Wednesday at City Hall.

Jankowski had nothing but words of praise for Moore, who was voted “City Manager of the Year” in 2015 by the New Mexico Municipal League for his “handling of the city’s finances and progress of the community and how it operates.”

“He is articulate and personable,” Jankowski said, “and all of us have been very impressed by him.”

Moore also won praise from Councilman Art McGinnis.

"He was mature, gave great answers and has incredible experience," McGinnis said. "We really won out on this one. Big time. I'm very happy."

Jankowski said Moore’s wife has family in North Tonawanda and that they have been looking at relocating to Western New York.

Eunice is a city of about 3,000 people, located just west of the Texas border in the southeast corner of New Mexico.

It operates under the guidance of a nine-member City Council, including Mayor Billy Hobbs. According to the city’s website, it is in a “period of sudden growth,” with the oil field (its main employer) in a boom period, due to the price of oil.

“All companies are in need of employees with unemployment for Lea County running at 0 percent.

"Also, the National Enrichment Facility has received their license and will be building a $1.7 billion project five miles out of town.

"They will employ approximately 250 permanent employees and have up to 1,000 construction workers on site in two years. The total project will take seven to 10 years to build.”

Additionally, the website reports that its schools are “top-notch with prekindergarten through 12th grade. The community is very involved with all levels of sports and has many state championships in all.” The Eunice High School baseball has produced 17 state championships, which is fifth-most in the nation.

Moore’s contract, as reported first on The Batavian, calls for a starting salary of $110,000, with increases of $2,000 annually. He also will receive retirement benefits, paid family medical insurance, three weeks’ vacation, life insurance, and relocation reimbursement up to $10,000.

His previous executive management experience includes a four-year stint as a consultant, census 2010 crew leader and general manager in Timberon, N.M.; county manager for Otero County, N.M.; executive director of Eastern Arizona Counties, and director of development and community services for Apache County, Ariz.

An Eagle Scout, he was a member of several professional associatons and president of the Rotary Club of Eunice, N.M.

Moore replaces former manager Jason Molino, who left in January for a similar position for Tompkins County. Public Works Director Matt Worth has been handling the city manager responsibilities on an interim basis since Molino’s departure.