Bob Bialkowski

For the second time on Monday, Bob Bialkowski took the opportunity to not only acknowledge the sacrifices of others given on Sept. 11 22 years ago, but to also pray that those first responders “inspire us to live bravely and courageously and to selflessly protect others in need.”

The City Councilman-at-large gave the opening prayer for the group’s monthly conference session Monday at City Hall. It was the only acknowledgment of 9/11 during the brief meeting, though it was followed by the pledge of allegiance, a longstanding city tradition. 

A veteran having served in the U.S. Army Aviation Reserves for 30 years, Bialkowski also spoke during a remembrance ceremony at the VA Medical Center in Batavia earlier Monday. 

He and other speakers emphasized the need for such memorials as key to preserving the history of 9/11 and the bravery displayed by countless first responders, fire and police personnel, military members, and ordinary citizens who rallied on an airplane to help divert further disaster. 

As a prelude to the council meeting, Bialkowski’s words seemed contradictory to a time when many questioned the presence of outsiders on American soil.

“May we look to those who opened up their homes to the stranded and displaced that day to stir us to be more hospitable,” he said. “Having seen the face of evil and darkness, may we be steadfast and faithful, pursuing you as our perpetual light.”

Press release:

The Point Breeze Yacht Club held its Annual Member’s Meeting and Dinner on Saturday, Oct. 15, in the Clubhouse at Godfrey’s Pond.

The following slate of officers was elected: Commodore Bob Bialkowski, Vice Commodore Bob Turk, Rear Commodore Emrys March, Port Captain William Elliott, Secretary Marietta Schuth, and Treasurer Madeline Bialkowski. Vice Commodore Erik Roth was thanked for all his service and dedication to the club.

Members enjoyed a nice fall day at Godfrey’s with a great dinner catered by D & R Depot from Le Roy.

The Point Breeze Yacht Club is based at the Orleans County Marine Park which is located on the Oak Orchard River at Point Breeze.

Interested individuals may obtain information at the Club Website.

 http://www.pbycny.com

Submitted photo.  Vice Commodore Erik Roth and Commodore Bob Bialkowski.

Press release:

Councilmember at Large Bob Bialkowski, who serves as an Aircraft Commander in the USCG Auxiliary, completed an extensive course on aviation survival.

This two-day course was conducted at the FAA’s Mike Mulroney Aeronautical Center in Oklahoma City, Oklahoma on June 27 and 28.

CG Auxiliary pilots from the United States convened on Sunday, June 26 in preparation for the course which began the next morning.

The course was an intense two days and covered many aspects of emergency egress from aircraft and survival.

• The topics covered and practiced included:
• Flight Physiology, Spatial Disorientation, and Flight Simulator.
• Emergency egress which was taught in a smoke-filled airliner fuselage
• Water survival skills (significant time in pool) including emergency raft, rescue hoist, survival and emergency equipment training.
• Cold room, Cold weather survival skills.
• High altitude chamber with reduced oxygen levels to teach the debilitating effects of hypoxia which leads to unconsciousness.

Many classroom hours were spent with FAA instructors teaching the above subjects.

All the attendees successfully completed the training and returned home on Tuesday evening.

The responsibility for maintenance of property in the City of Batavia -- landlords or tenants -- was a topic of discussion again on Monday night during the City Council meeting.

Councilman Bob Bialkowski raised issues brought up at a recent Neighborhood Improvement Committee meeting, when City Court Judge Robert Balbick paid the committee a visit.

Bialkowski wanted to know if enforcement actions were being taken against the right people, and whether some matters might be better turned over to the police.

City Attorney George Van Nest and City Manager Jason Molino said most of the matters that reach a court hearing stage are targeted at the right people -- the landlords -- because they are "brick and mortar" issues.

Molino said 25 of the last 28 court cases the city has prosecuted have been for such structural issues as peeling paint, rain gutters, fire damage and roofs.

"That's something we to focus on," Van Nest said.

Now that summer is rolling around, there will be more attention paid to debris issues, Molino said, but letters will be sent to both tenants and landlords.

Molino said the city's efforts are paying dividends and that many landlords are working with the city to identify and address problems.

"The enforcement is happening, the compliance is happening, much faster than it has in the past," Molino said. "I think the system that we’re using, the accountability system, is really being followed."

Bialkowski said he would like to see city police and code enforcement work more closely with landlords on cases where a tenant has seemingly engaged in criminal conduct before vacating an apartment or house.

"The judge thought some of these might be taken up as a criminal matter because they are so malicious," Bialkowski said. "I remember a couple of yeas ago, a friend of mine did serve an eviction notice on a tenant and he showed me pictures of the aftermath – this was way beyond civil – they just basically destroyed this entire dwelling. We need to look at possibly some communication with the police and code enforcement on what is the best way to handle this."

Molino said the police will look at possible criminal matters, but building an actual criminal case can be difficult and, after the meeting, Chief Randy Baker agreed.

"We have a level of proof to meet before it’s a criminal matter," Baker said. "One is, was it intentionally done or recklessly done? Then it’s a matter of identifying who did the damage. We can’t always meet all those criteria, so sometimes we can’t file the criminal charges."

Molino also noted that keeping a property in compliance is also a landlord responsibility because it's the landlord who approved the tenant in the first place. He suggested that local landlords do a better job of communicating with each other about bad tenants.

"Some of the responsibility ultimately falls on the landlord in these cases to do their proper review, their proper screening on tenants and the history of tenants," Molino said.

Since Councilman Bob Bialkowski has not returned phone calls nor answered our email, I've been waiting for a chance to talk to him in public.

Tonight, he was outside the Batavia High School auditorium waiting for the meeting on the proposed North Street Extension athletic fields.

I asked him first if he knew who leaked the letter? "What letter?" He said.

I clarified and he said, "Our attorney instructed us not to discuss it." I pointed out that the instruction is not to discuss what happened in closed session, not after. I asked three times, "What happened outside of closed session?" and Bob tried moving away from me saying, "Excuse me,"  "Excuse me."

I asked him if he would release Daily News reporter Joanne Beck from any promise of confidentiality, and Bialkowski said, "I'm not going to discuss it."

Audio: "Interview" with Bob Bialkowski (mp3).

Previously:

• Most council members answer straightforward questions about leak of personnel information
  
• Fellow council members say Bialkowski brought in complaint letter, threatened to release it
• Council members say Bialkowski used his own printer to provide copies of complaint

Bob Bialkowski's active role in pushing forward the complaint against City Manager Jason Molino became a little clearer tonight. His participation is at the center of the current kerfuffle over breached confidence at Batavia City Hall.

Weeks ago, when Bialkowski produced a manila envelope with copies of the complaint letter, he told City Councilwoman Marianne Clattenburg that he received the complaint via email and printed it out for the complainant because that person's printer was broken, Clattenberg said.

Clattenburg said she didn't open the envelope and had no knowledge about the specific contents of the letter before handing it over to Council President Charlie Mallow.

However, the fact that this particular person filed the complaint wasn't a surprise to Clattenburg, because the person first asked Clattenburg how to handle the complaint. Clattenburg said she told the person the proper procedure was to take the complaint to the City Council President (Charlie Mallow). She indicated she was surprised when Bialkowski showed up with an envelope full of copies of the letter.

Mallow confirmed that he received the envelope from Clattenburg.

Both Mallow and Clattenburg say that the existence of the letter was revealed during the Council's next closed session, which had been called previously in order to conduct the contractually mandated performance review of the city manager. 

The council agreed to take the complaint up at its next closed session, since the council was obligated to continue with the performance review and vote on Molino's raise.

That next meeting was Sept. 14, which Bialkowski did not attend, and is central to the breach-of-confidence charge by members of the council. The council discussed the complaint against Molino and agreed that the person who made the complaint should be interviewed by the council and that Molino -- who was out of town -- should be given a chance to respond.

When the council came out of executive session, it voted 7-1 to give Molino a 2.8 percent raise. Councilman Bill Cox cast the lone no vote and after the meeting cited a "personnel" matter, which he wouldn't discuss further, as the reason for his "no" vote.

After that meeting, Mallow, Clattenburg and council members Rose Mary Christian and Kathy Briggs received phone calls from the person who filed the complaint. That person had just enough details of the closed discussion to make it clear to council members, Mallow and Clattenburg said, that somebody on the council spoke freely, either directly to the person who filed the complaint or to another party who then spoke to the complainant immediately after the meeting.

But not all of the details were right. There were also misrepresentations and exaggerations.

"I don't think the public understands," said Clattenburg, "that one of the reasons the council is so upset is that the person was feeding back a lot of misinformation about what was said and we didn't like how the council was being portrayed. This wasn't just a breach of trust. This person (the leaker) was making stuff up, saying stuff that was never said."

Mallow didn't speak directly to the complainant that night (he only received a voice mail), but after he spoke to the other council members, it was clear to him that whoever called the complainant got enough of the facts right that a council person had to be the leaker.

"It was enough of the truth to see that it was somebody who was in the room," Mallow said. "There were enough tidbits of truth, but it wasn't the whole truth. It was just twisted and it was exaggerated."

Neither Mallow nor Clattenburg could say whether the letter as produced by Bialkowski was actually signed by the person making the complaint. The Batavian's news partner WBTA asked Mallow yesterday if the letter was signed, and Mallow said he thought it was. Tonight, The Batavian pointed out that it didn't seem likely that a letter that Bialkowski provided several copies of -- all coming from his printer -- would be signed. Mallow admitted that maybe it wasn't and said City Attorney George Van Nest had his only copy and he would have to check with Van Nest.

Clattenburg also couldn't remember if it was signed and didn't have her copy available.

If the letter wasn't signed, it would call into doubt, at least partially, the veracity of the letter because it would suggest the letter wasn't reviewed by the complainant before it was presented to council.

Mallow was quick to point out that there is no doubt the complainant is a real person and that this person has a complaint he or she considers legitimate. Mallow said that based on an email exchange with the complainant, he's sure the writing styles are the same, but admitted he can't be sure the letter is entirely written by the complainant.

"We don't know that the end-result that we got was the same end-result that Bob got," Mallow said. "I don't know and I can't say for sure."

He then added, almost under his breath, "That would be really devious."

"I can't say for certain that it's the same letter, but I believe the person wanted the council to have the letter," Mallow said.

As we noted in our previous story, The Batavian has offered Bialkowski several opportunities to comment on this matter and he has yet to respond. Mr. Bialkowski has several options available to him to tell his side of the story: He can call us; he can email us a statement which we will post without editing; he can post his own post; he can make a video and post it to YouTube; or he can leave a comment on this or any other post. The Batavian is an open forum and Mr. Bialkowski has all the freedom in the world to tell his story without editorial interference. The same goes for any other council member who has additional information to share on this or any other matter.

Previously:

• Mallow: Council member who leaked document should resign
• Today's Poll: Should the council member(s) who leaked personnel information from a closed session resign?
• 'Council antics' don't pass 'smell test,' asserts Councilman Cox
• Most council members answer straightforward questions about leak of personnel information
• The power of Grand Juries in New York to investigate government actions
• Fellow council members say Bialkowski brought in complaint letter, threatened to release it

We don't know yet who leaked a complaint letter to the Daily News, but two council members say that Councilman Bob Bialkowski is the person who brought the original letter to the council.

Bialkowski also reportedly told a council member that he would divulge the contents of the letter if City Manager Jason Molino received a pay raise.

Council President Charlie Mallow and Councilwoman Kathy Briggs both confirmed that letter first came to the council through Bialkowski.

"That's highly unusual," Mallow said. "Complaints usually come through the council president or the city attorney. We treat all complaints we get equally. But that's not normal."

We've left a message for Bialkowski on his home phone. Yesterday, The Batavian left two messages for Bialkowski asking him to respond to our survey of council members. Bialkowski has not responded to our email, answered the questions or returned phone calls.

Councilman Bill Cox said he had no knowledge of Bialkowski bringing the letter to the council. He thought it came through Councilwoman Marianne Clattenburg, whom he thought had the letter two or three weeks before it was discussed in closed session.

Briggs said that prior to the vote on Molino's raise, another council member called her and said that Bialkowski was threatening to make the contents of the letter public if the council approved Molino's raise, and Briggs said, "What letter?"

She said at that point, she hadn't received the letter and referred to it as "the first letter" that went to only "select council members" from Bialkowski.

Briggs said she believes Bialkwoski brought forward two letters from the same person, and it is the second one that the council reviewed in closed session.

Mallow said he wasn't aware of a "first letter." Cox wasn't aware of there being more than one letter.

Following the closed session where the letter was discussed, four council members -- Briggs, Mallow, Rose Mary Christian and Clattenberg -- received phone calls from the letter's author discussing the substance of, in some detail, though with inaccuracies, the things individual council members said during the closed discussion.

Both Mallow and Briggs said that it's clear that a council member discussed the meeting afterwards with somebody not at the meeting, which made it possible for the letter writer to learn what was discussed behind closed doors.

Bialkowski was not at that Sept. 14 meeting, which was the same night the council voted on Molino's pay raise.

Cox voted against the pay raise, and after the meeting, first characterized his "no" vote as related to a personnel issue he would not discuss publicly. Later he issued a statement that criticized the timing of the raise.

This afternoon, in a phone conversation with The Batavian, Cox agreed that there would be nothing wrong with a council member who was present at a closed session calling a member of the council who missed the meeting and discussing what was said in executive session.

We then asked Cox if he called Bialkowski after the closed door meeting and Cox said he would rather not comment on that question.

While Bialkowski missed the vote on Molino's raise this year, he was present a year ago, June 23, 2008, and voted "yes" on that year's raise for Molino. Bialkowski has been a member of the council since Jan. 1, 2008.

Molino was on vacation the night of the council voted on his raise, which is the same night the council first discussed the complaint letter. Sources say the council delayed further discussion of the complaint until Molino could be present to reply to the charges. Before the council could meet again, the letter was leaked to the Daily News and now at least five council members are unwilling to enter into an executive session without confidence that statements made in a closed session will remain confidential.

UPDATE: Councilman Frank Ferrando just returned our call. He said it was his understanding the letter was brought forward by Bialkowski, but he never heard of Bialkowski threatening to release the letter if Molino received a raise.

Previously:

• Mallow: Council member who leaked document should resign
• Today's Poll: Should the council member(s) who leaked personnel information from a closed session resign?
• 'Council antics' don't pass 'smell test,' asserts Councilman Cox
• Most council members answer straightforward questions about leak of personnel information
• The power of Grand Juries in New York to investigate government actions

The Saturday/Sunday edition of the Daily News contains a rather odd, post-apocalyptic, sci-fi fantasy narrative by Scott DeSmit in which he puts himself in a benighted Batavia. How far hence, we are not told.

A man is peering out from behind his door. I see the glistening barrel of his gun and I keep walking, keeping tight to what is left of the sidewalk.

A newspaper. Almost intact.

I reach down and scoop it up. A rat skitters away.

"Last of City Council Disbands" the headline reads.

Ahhh. I remember that. Three of them, as I recall. Mallow, Bialkowski and Cox.

Ahhh. So lurking within the vitriol and sniping that is what passes for dialogue between these three men is a Batavia of buckled sidewalks, parks gone to seed, creek water that will melt skin and a Sheriff who has barricaded the city's borders.

A little over the top, don't you think, Scott?

While the animosity and bitter words over what amount to rather trivial issues (when compared to the big question of the final resolution of the mall) might impede progress. It's takes a pretty active imagination -- which Scott clearly has -- to expect their bickering to lead to walled off Batavia.

That said, point taken, Scott -- and one we don't disagree with: These men need to stop arguing and get down to business. The mall has got to go, and they should busy themselves generating a plan and public support to make it happen.

Over the past few months, I have seen the actions that this Council has taken, and unfortunately, that some council members have tried to overturn, the actions being consolidation and its relation to Batavia's long term fiscal health, the preserving of our great cultural heritage and who an increased tax burden would hurt the most. Unfortunately, Bill Cox, Bob Bialkowski and Sam Barone have been obstructionists to the general progress that this Council is trying to create Batavia.

Firstly, I am a very proud Batavian, I have lived here for almost 20 years now, which is almost my entire life. I have been blessed to live in this area, an area rich with educational opportunities due to excellent schools, great youth programs and, most importantly, people of compassion and responsibility, thats what I believe Batavia's greatest asset is, its people. However, I believe that all of that has come under attack by an overriding objection to change, this objection being irrational and irresponsible at its core, the change being consolidation. Although it is true I was originally opposed to consolidation, I believe that Batavia would not be able to survive if we didn't make large scale to changes to the way that we operate our government, unfortunately that meant making tough choices. Those tough choices lead to the accepting of a grant that would consolidate our dispatch services. I still don't believe in a perfect world that we would have to consolidate those services, however, the very fabric of our fiscal health and the maintenance of our cultural heritage was at risk. So we did what needed to be done in order to make sure that we can continue to operate in the short term and not have a large amount of debt in the long term.

On the same note, the council worked hard to make other tough budgetary decisions this year, these decisions reduced an increase in the tax levy from roughly 24 percent to roughly 8 percent. Those may be just numbers to some, to others its the difference between paying for their medicine or for their groceries. In the end, its the struggling middle and lower-middle class that ends up stomaching such a large tax burden. In the long run, the consolation is the difference between having years of saddled debt upon the City for future generations or having a fiscally clear future.

Unfortunately, some, such as Mr. Barone, Mr. Cox and Mr. Bialkowski have taken it upon themselves to reverse those decisions to create a culture of political mudslinging to overtake council, as was seen tonight by the attempt to remove the City Attorney from proceedings of meetings (which costs roughly 1600 dollars per year), it has also been seen by the attempts to cut out small and already agreed upon expenditures, such as the cutting out of 500 dollars in order to cancel parades and other events. It appears that it is the goal of certain councilmen to simply grandstand and make a large issue out of very small expenditures for their own political benefit, instead of working hard to make the lives of Batavians better and preserve our great cultural heritage.

My question to Mr. Cox, Mr. Bialkowski and Mr. Barone is simple, what offends you about us?

Why do you, Mr. Cox, Mr. Bialkowski and Mr. Barone find working people so offensive? As to not leave us, the middle and lower class, a bit of relief on our tax or rent bill in the short run and fiscal health in the long run.

Why do you, Mr. Cox, Mr. Bialkowski and Mr. Barone find young people so offensive? As to not leave us a city that is in good fiscal health, wanting us to pay off the debts of your proposed recklessness 20 years from now.

This Council worked very well and hard and across party lines to make a budget that addresses the needs of the hard working middle class people of Batavia and by consolidating provided a better long term fiscal situation for the young. I give all due credit to those council members, Mr. Mallow, Ms. Briggs, Ms. Clattenberg, Ms. Christian, Mr. Buckley and Mr. Ferrando, they are making Batavia a better place to live for all.

Perhaps some other council members, such as Mr. Cox, Mr. Bialkowski and Mr. Barone should stop paying lip service to the taxpayers and renters they swear to protect and start actually working for them instead of making a political show out of the City Council.