city council

The Batavia City Council tonight – after a second emotion-filled 90-minute public comment session at the outset of its monthly Conference meeting -- decided by an 8-1 vote not to consider a resolution drafted by Council Member Rose Mary Christian opposing the recently passed New York Reproductive Health Act.

Christian cast the only vote to move the resolution to the board’s next Business meeting, much to the chagrin of the overwhelming majority of the 125 people in attendance at the City Hall Council chambers.

The resolution, if it had been forwarded and eventually passed, would have then been sent to Gov. Andrew Cuomo, Sen. Michael Ranzenhofer, Assemblyman Stephen Hawley, the Supreme Court of the United States and “all others deemed necessary and proper.”

Passed into state law in January, the Reproductive Health Act: removes abortion from the state's criminal code; allows for medical professionals other than doctors to perform abortions; and legalizes abortion after 24 weeks in cases where it would protect a woman's health or where a fetus is not viable. Previously, state law allowed abortions after 24 weeks only if the woman's life was at risk.

Seventeen people – 11 of them from Batavia – spoke on the issue, with 15 in favor of Council sending the letter and/or making Batavia “a sanctuary city for the unborn” and two expressing the opinion that the Council, as a local governing entity, should not be compelled to weigh in on such a polarizing debate.

Several pro-life speakers invoked Biblical passages and stern warnings of God’s judgment upon Council members while others focused on the premise that life begins at conception and that abortion is murder.

Tonight’s turnout was slightly less than the Council meeting of Feb. 11, where about 200 people turned out and 18 people spoke (with 14 in favor of the letter and four against it).

Council President Eugene Jankowski -- after hearing impassioned speeches on both sides of the issue and dousing a brief shouting match following the public comment session between Christian and Batavia resident Diana Kastenbaum, who was against the resolution – addressed the audience by stating it was his responsibility to represent the entire city and noted that the city was divided.

“It would be no difference if pro-choice people came to us and asked us to write a letter (supporting the RHA),” Jankowski said.

His words were quickly followed by someone who yelled out “coward” from the audience.

“So you don’t agree with somebody, you’re a racist or a coward,” Jankowski responded, adding that he wrote his own letter. “Packing the council room is not an indication that a majority (is in favor of the resolution).”

Council Member John Canale said he is “absolutely” opposed to the law and called it an “atrocity,” but agreed with Jankowski that it wouldn’t be prudent to send a letter that represents the entire city.

“Do we send the letter? My feelings are the same as yours, Geno,” he said. “If the pro-choice said to send a letter saying the City of Batavia and its residents support it (the law), I would be upset as well as most of the people in this room. I will write a letter as a citizen (of Batavia, not as a council member).”

Christian then said Canale “was correct in a lot of what you said except,” circling back to her convictions when it comes to abortion, “you are not standing up for the unborn.”

To which, Jankowski said there is a better way to proceed – “as individuals we have more power.”

Moments later, when Jankowski asked for his colleagues to publicly state whether to move the resolution forward to the March 11 Business meeting, and only Christian said yes, Batavian Kathy Stefani, one of the last speakers, shouted “I’m ashamed of every one of you” as she walked out of the room.

It wasn’t much longer before the rest of the pro-life crowd filed out of the meeting, visibly upset and dejected.

(Another story, featuring some of the speakers’ comments, will be filed on Tuesday).

Batavia residents will get their chance to weigh in on the 2019-20 city budget in two weeks per a resolution passed by City Council tonight.

Following a long and heavily attended public comment session over whether it should send a letter to Albany opposing the state’s recent Reproductive Health Act (watch for a detailed report on The Batavian), Council voted on several measures, including the setting of a public hearing on the budget for 7 p.m. Feb. 25.

The proposed $27.4 million spending plan calls for $5.2 million to be raised by taxes and a tax rate of $8.96 per thousand of assessed valuation, which is the same as last year’s rate.

As a result, owners of a house assessed for $70,000, for example, would face a city tax levy of $627.20 for the year.

A separate public hearing, also at 7 p.m. Feb. 25 (the date of Council’s next Conference Meeting), will address a 3.5-percent increase in water rates and meter fees, and a 10-percent increase in capital improvement fees.

A third public hearing is on for that date and time, this one dealing with the adoption of a local law amending the city sign code.

City Council also passed a resolution requesting that State Sen. Michael Ranzenhofer and Assemblyman Stephen Hawley sponsor bills that would allow Genesee County and the City of Batavia to enter into an amended and restated sales tax allocation agreement for a period not to exceed 40 years.

Other resolutions passed by unanimous vote include:

-- A measure referring the review of the zoning of public storage rental units in the Batavia Municipal Code to the City Planning & Development Committee in response to a petition from Peter Yasses, 54 Cedar Street LLC, in relation to the lack of permitted zoning use of public storage rental units.

-- A supplemental agreement with New York State that paves the way for the city to receive “back pay” along with an annual increase in payments from the state through an arterial maintenance agreement that will extend through 2049.

This agreement stems from the discovery that the City was underpaid for work it did to maintain state highways (Routes 5, 33, 63 and 98) dating back to June 1994 and is not being reimbursed enough to cover its costs going forward.

As a result, the City will receive a one-time payment from the state for $218,539.88 to take care of the underpayments and now will be paid $183,017.40 annually, an increase of $6,500.

-- The endorsement of two bonds financing installation and construction of sidewalk and traffic signal improvements on State Street, Centennial Park, Washington Avenue, Bank Street and Richmond Avenue (pathways to schools), and water system and drainage improvements along South Main Street, Brooklyn Avenue and Union Street.

Seventy-five percent of the estimated $1.1 million sidewalk project will be paid through federal funding and the previously budgeted cost of the water system project is set at $913,000.

-- An order appointing Dwight Thornton to the city’s Board of Assessment Review for a term ending on Sept. 30, 2023.

Numerous letters, phone calls, social media postings and comments on The Batavian concerning the possibility of Batavia City Council drafting a letter opposing New York State’s new abortion law have led Batavia City Council President Eugene Jankowski to request that the board move a bit quicker than usual to deal with the issue.

“I’ve received an overwhelming amount of feedback about this with many people concerned that we took a knee-jerk reaction to the speaker’s views,” Jankowski said today. “I think it is best that we address it at our next Business meeting on February 11^th to let people calm down and have their say.”

The state’s Reproductive Health Act (Senate bill no. S2796), which was passed last week, became a topic of discussion at Monday’s City Council meeting when city resident Chris Connelly, buoyed by his religious beliefs, requested that the board take action against what he termed as an expansion of “America’s holocaust.”

Language of the bill is as follows:

“An act to amend the public health law, in relation to enacting the reproductive health act and revising existing provisions of law regarding abortion; to amend the penal law, the criminal procedure law, the county law and the judiciary law, in relation to abortion; to repeal certain provisions of the public health law relating to abortion; to repeal certain provisions of the education law relating to the sale of contraceptives; and to repeal certain provisions of the penal law relating to abortion.”

The law continues access to abortions and, by removing abortions from the state’s criminal code, it protects doctors or certified medical professionals who perform abortions from criminal prosecution.

It also permits medical professionals who are not doctors to perform abortions in New York, and stipulates that abortions can be performed after 24 weeks if the fetus is not viable or when necessary to protect the life of the mother.

Connelly’s comments prompted Council member Rose Mary Christian to call for something along the lines of Batavia becoming a “sanctuary city” for the unborn. Following discussion with Jankowski and City Manager Martin Moore, her idea was steered toward the drafting of a letter from City Council in opposition of the law to be sent to Gov. Andrew Cuomo.

Moore and Jankowski both agreed that they would give it some time to consider public feedback to ensure that the wording was proper, with an eye on discussing it again at Council’s next Conference meeting on Feb. 25.

Since then, however, Jankowski said he has seen the feedback and talked to many people, and he feels that it is best to address it sooner.

Jankowski also is of the mindset that it isn’t a priority of the local governing body.

“The majority of the public thinks that we are overstepping our boundaries,” he said. “My recommendation will be to listen to the feedback, stay out of national and state debates and stick with local issues.”

Jankowski posted a long response to many comments from readers of The Batavian following its coverage of Monday’s meeting. He said he has forwarded that to his colleagues on City Council.

An excerpt of his post contends that a letter from City Council – either for or against the law – wouldn’t reflect the wishes of the entire community:

“I personally believe that City Council writing a letter of either approval or disapproval of the abortion law changes at this time will alienate half of the community on either side and it wouldn't represent a clear direction or a consensus.

“Therefore, my intentions are to revisit the letter request under old business at the next available council meeting which is the February 11th Business meeting. I will recommend Council withdraw the request to write a letter to the Governor and suggest Council stay focused on local issues. Council as a group will then be able to make a final decision on how to proceed.”

When asked whether he would reprimand Christian for disparaging comments she made about Gov. Cuomo (as was suggested in a particular comment on The Batavian), Jankowski said in his role as the “ceremonial head” of City Council, he doesn’t have that authority.

“That’s on her,” he said. “I’m not taking responsibility to babysit her. She’s an adult and can take care of herself. But I don’t agree with any name calling and I have spoken out against that in the past.”

A series of pointed questions focusing on the City’s mutual aid procedures and costs prompted a brief explanation and defense of the cooperative arrangement among Genesee County emergency responders at Monday night’s City Council meeting.

“How many times does our fire department leave the City for mutual aid? How many times do they call in for overtime? Is there any way to get overtime recouped from the municipality we are helping out? How much is it costing us?”

Those were the questions posed by City resident John Roach during the public comments segment of the meeting at City Hall. Council President Eugene Jankowski and Fire Chief Stefano Napolitano were ready to answer.

“We receive a lot more than we give,” Jankowski said, referring to the numerous times that volunteer crews from town fire departments have to assist in the City.

Jankowski said the town fire companies bring in a lot of apparatus and manpower, and do not charge the City for these services.

Napolitano pointed out that mutual aid is just that – a “reciprocal agreement.”

“If we start to charge agencies, we are the recipient of that reciprocal aid when we need that,” he said.

The chief said the perception that they have to call people in to “backfill the station” every time that City fire crews (or Mercy EMS) go out on a call is not accurate.

“Depending on what the staffing model is for the day, we send four people out with an engine, usually on a FAST team. If staffing is at maximum staffing, sometimes we’ll only have to call in one or two people. At times we don’t have to call anybody in,” he said.

In closing, Napolitano said it would be a mistake for fire departments to start mailing out invoices back and forth.

“I can’t give you the specifics as to the number of times we have to bring people in,” he said. “The benefit we derive when we have a major conflagration happening is invaluable. Those fire departments incur the same cost per unit mile that we incur on the back side, except we have paid staffing.”

“To start muddying the waters ...it would be, in my opinion, not a good idea to try to charge, number one; and number 2, you can’t charge. It’s a mutual aid agreement of manpower and equipment.”

Declaring it his God-given right and responsibility to speak out against what he perceives as evil, Batavia resident Chris Connelly tonight asked City Council to stand up against New York State’s new abortion law.

“Abortion is murder and it has become America’s holocaust … 60 million children,” said Connelly, a former Marine now confined to a wheelchair due to an ATV accident a few years back.

Connelly, who spoke during the public comment portion of the Conference Meeting at City Hall, said he had no political agenda -- “I’m not here as a Democrat or Republican, but as a man made in the image of God.”

He contended that City Council has the power to shut down Planned Parenthood and to make “Batavia a sanctuary for the unborn.”

“If we choose to neglect our responsibility, I truly fear for our nation,” he said, quoting from Isaiah 1:16-20, a passage from the Bible that warns against evil deeds and implores people to follow a path of righteousness.

Last Tuesday, Gov. Andrew Cuomo signed into law New York’s Reproductive Health Act, a far-reaching statute that removes abortion from the state’s criminal code and allows medical professionals who aren’t doctors to perform abortions.

Furthermore, the law permits abortions to be performed after 24 weeks if the fetus is not viable or if the health of the mother is at risk.

Cuomo came under fire from Roman Catholic clergy with some calling for the governor, a former altar boy, to be excommunicated from the faith.

Council member Rose Mary Christian applauded Connelly’s stance and urged the board to do something.

“Is there anything we can do to stop this atrocious thing in our city?” she asked, after bringing up the idea of a sanctuary city. “It’s the same thing (as fighting against illegal immigration) I’d like to have done for the right to life of our babies.”

After a brief discussion, Council President Eugene Jankowski, with consensus from his colleagues, directed City Manager Martin Moore to write a letter stating their opposition to this law and for it to be placed on next month’s agenda. Moore said he would wait for feedback from the public before drafting the letter.

Christian then made her feelings perfectly clear.

“He’s (Cuomo) a murderer period,” she said. “I don’t care how you slice it or dice it. He’s a murderer … period.”

In other developments, Council moved the following items to its Feb. 11 Business Meeting:

-- Scheduling of a pair of public hearings for 7 p.m. Feb. 25 that deal with the city manager’s proposed $27,494,132 budget for 2019-20 and the establishment of water rates, meter fees and capital improvement fees.

Moore’s budget calls for $5,251,607 to be raised by taxes, resulting in a tax rate of $8.96 per thousand of assessed valuation – the same as last year’s rate. That means that a house assessed for $70,000 would incur a tax bill of $627.20.

Water rates and meter fees are projected to increase by 3.5 percent while capital improvement fees are earmarked for a 10-percent hike.

-- Acceptance of “back pay” from New York State along with an annual increase in payments from the state in connection with an arterial maintenance agreement that will extend through 2049.

This supplemental agreement stems from the discovery that the City was underpaid for work it did to maintain state highways (routes 5, 33, 63 and 98) dating back to June 1994 and is not being reimbursed enough to cover its costs going forward.

As a result, the City will receive a one-time payment from the state for $218,539.88 to take care of the underpayments and now will be paid $183,017.40 annually, an increase of $6,500.

-- Authorization of two bonds to finance installation and construction of sidewalk and traffic signal improvements on State Street, Centennial Park, Washington Avenue, Bank Street and Richmond Avenue (pathways to schools), and to make water system and drainage improvements along South Main Street, Brooklyn Avenue and Union Street.

Costs of the sidewalk project are estimated at $1.1 million with 75 percent being paid through federal funding and the cost of the water system project is set at $913,000, which has been budgeted.

Afterward, during a Special Business Meeting, Council passed a pair of resolutions – one that accepts a $17,981 grant from the Genesee County STOP-DWI program for specialized patrols, training and equipment to combat impaired driving, and the other that executes a Community Development Block Grant of $50,000 for a feasibility study to evaluate the possible addition of a second ice rink at the Falleti Ice Arena on Evans Street.

A $5,000 local match was required for the CDBG, with funds provided by Batavians Paul Viele, Matt Gray, Steve Pies and Stephanie Call. Viele, a City Council member, recused himself during the vote.

City Council recognized Karen Benedict, left, for her nearly 20 years of service as records clerk for the Batavia City Police Department. City Council Member Patti Pacino, right, read a proclamation in Benedict's honor, and Benedict followed by praising the City's police officers for their dedication and professionalism. Photos by Mike Pettinella.

Stephen Quider, left, is the newest officer on the Batavia City police force. He was introduced to City Council tonight by Chief Shawn Heubusch, who said Quider has completed his 16 weeks of field training. The West Henrietta resident is in the process of relocating to the City.

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Now that the rezoning of several parcels owned by City Church’s St. Anthony’s campus on Liberty Street is finally official, leaders of the Teen City project are rolling up their sleeves to expedite the transition of the Batavia Youth Bureau from its current MacArthur Drive location.

“We’re looking at the first quarter of the year (2019) to open Teen City, collaborating with the YMCA,” said Jocelyn Sikorski, Batavia Youth Bureau executive director, at tonight’s City Council meeting at City Hall. “We have put together an aggressive timeline.”

After a few months of discussion and planning board meetings, Council voted unanimously to change the zoning of five tracts on Liberty Street and one on Central Avenue from R-3 Residential to C-3 Central Commercial in order for City Church to offer business activities to the public and, as a result, pave the way for the youth bureau’s relocation.

Teen City is the name for the after-school program that will be operated by the Batavia Youth Bureau and YMCA, with assistance from City Church.

Sikorski, in a memo to City Council dated Dec. 5, wrote that a lease/operating agreement with City Church has been drafted and reviewed by City Attorney George Van Nest.

“This (anticipated approval of the lease by City Council) will enable us to move into the next steps regarding modifications to the facility, including renovations to the cafeteria as well as IT and security needs,” Sikorski wrote.

She added that bids for the work will go out over the next few weeks, and that a memorandum of understanding between the Batavia Youth Bureau and YMCA for shared staffing and oversight of the after-school program is being developed.

Sikorski’s committee has prioritized the necessary documents along with an intermunicipal agreement with the Batavia City School District for the current youth center site and transportation, along with a Teen City logo design contest. If all goes according to plan, a “kickoff event” will take place on Feb. 22.

Responding to a query from Council Member John Canale, Sikorski said the school district intends to take over the existing youth bureau building – occupying it and paying all expenses.

“This would not be a lease,” Sikorski said, adding that the Community Garden there would not be affected.

In a related move, Council voted to accept a $10,000 grant from the New York State Education Department to help fund the after-school program and another $1,000 from the County Youth Bureau for equipment, supplies and materials.

In other action, Council:

-- Passed a local law making Thorpe Street a one-way street for southbound traffic between Watson and Maple streets.

Thorpe becomes the seventh street in the City designated as one-way, joining Hewitt Place, Lewis Place, McKinley Avenue, North Spruce Street, School Street and Wiard Street.

-- Extended for a year -- three pacts with Genesee County relating to water supply, operation and maintenance of the water treatment plant and lease of the water treatment facility. This was done to allow the City and County to forge a long-term contract in tandem with a sales tax agreement.

In a memo dated Dec. 4, DPW Director Matt Worth noted two new changes to the water supply agreement:

1. Leaving the index allowing for a maximum change in the cost of wholesale water purchased by the City to remain as the Consumer Price Index, which is consistent with the existing contract, and
2. Making Genesee County a co-applicant or endorsing entity of any funding applications prepared by the City for services related to the removal of lead within the system.

Worth stressed that the City has no issues with lead, but included that provision to deal with any necessary improvements down the road.

-- Voted in a favor of a new three-year lease and sublease (through April 1, 2022) with the New York-Penn League for use of Dwyer Stadium for the league-owned Batavia Muckdogs.

The proposed lease is consistent with the most recent lease – “it has the same language as the current lease and sublease except for the term,” Van Nest said -- and calls for a $25,000 capital investment by the City into the facility annually.

-- Heard a brief report from City Manager Martin Moore regarding a pair of Downtown Revitalization Projects that are “moving along.”

Moore said he met with representatives of Empire State Development Corporation last week and was informed that funding for the Ellicott Place project is “on its way” and for the Healthy Living Campus project is due by the end of the week.

He also said that the Batavia Development Corporation’s “kickoff meeting” for mini-grants is set for next week.

Council then authorized Moore and Council President Eugene Jankowski to sign paperwork to receive an ESDC reimbursement grant in the amount of $25,000 to assist the Genesee Area YMCA in preparing a feasibility study for the Healthy Living Campus.

-- Appointed Bob Gray and Leslie Moma to the Community Garden Committee through Dec. 31, 2022, and Sharon Burkel to the Historic Preservation Commission through Dec. 31, 2021.

During a Conference Meeting following the Business Meeting, Council agreed to take up at its next meeting (Jan. 14) two resolutions dealing with a Community Development Block Grant for 900 linear feet of water main on Brooklyn Avenue in the amount of $333,000.

Worth said the project, along with drainage work at Williams Park and along the Tonawanda Creek bank, calls for an environmental impact review and a resolution stating who the certifying officer would be (in this case, Jankowski).

The project is slated to go to bid in March, Worth said.

City Councilwoman Rose Mary Christian says the City needs to get tough with landlords and homeowners when disturbances that put employees in jeopardy arise, but just how to proceed can be complicated.

That was the gist of a discussion among council members, a city attorney and the police chief at Monday night’s Conference Meeting at City Hall.

“I’m tired of policeman getting hurt and firemen being threatened,” Christian said, referring to several incidences in recent months where police have had to be called.

She also called for harsher local ordinances that deal with grass mowing, trash, home maintenance and vehicle storage – even outlining a plan that would start with a warning, escalate to a $500 fine and court appearance, and ultimately putting the matter into a judge’s hands.

“We need to hurt them in their pocket; we just don’t do enough,” she said. “If we start hurting them in their pocket, we’ll get somewhere.”

It isn’t as simple as that, however, said Council President Eugene Jankowski.

“I think we tried this before (holding the landlord responsible),” Jankowski said. “But evicting is a 30- to 60-day process, and then the renter goes ballistic and trashes the place. We have to arrest the resident.”

Attorney David Fitch, filling in for George Van Nest, said he felt the discussion “was conflating some different things” since code violations are handled differently than criminal violations.

“With code enforcement violation, as the city attorney we would prosecute, but can’t hold the landlord responsible,” he said. “The goal … is to get compliance – paint their houses, cut the lawns, take care of the trash.”

Fitch said if residents don’t respond, “judges in City Court have no problem issuing a hefty fine, up to $250 per day.”

Chief Shawn Heubusch mentioned a program where landlords can check into the backgrounds of potential tenants and also get a description of what took place at the property.

“At our last community meeting, we talked about landlord licensing,” he said. “People in dangerous situations won’t call police if they think they will get fined.”

Heubusch said he “understands where you’re coming from,” in response to Christian, “as our guys live it every single day.”

Jankowski noted the many delays in processing violations, but Christian said it goes beyond that.

“If there are drugs (involved), we can take possession of property. If the landlord is aware of possession of drugs or dealing, they can bring the landlord to court,” she said.

“We need something that has an effect on our community. I would hate to go through another summer like we had this year.”

Jankowski said that landlords can evict tenants when a crime is committed in their house, while Heubusch said cooperation from neighbors is a key component in cleaning up illegal activity.

Council referred several draft resolutions to its Business Meeting on Dec. 10, including:

-- Lead agency status in the State Environmental Quality Review determination and subsequent zoning change ordinance for parcels comprising the St. Anthony’s Church campus on Liberty Street and Central Avenue.

The zoning designation, stemming from a request from City Church (owners of the property), will be changed from R-3 Residential to C-3 Commercial to allow for business activities, including a proposal to move the Batavia Youth Bureau there.

“These are the final steps of the zoning change,” said Matt Worth, director of public works, who oversaw the issue while serving as interim city manager.

-- A local law to amend the City’s municipal code to make Thorpe Street a one-way street for southbound traffic only between Watson and Maple streets.

During a brief public hearing last night, Watson Street resident Ken Wolter said he hoped that the change works and asked Council to consider making Watson Street off of Evans Street one-way as well.

-- The extension of one-year – through Dec. 31, 2019 – three agreements with Genesee County concerning water supply, operation and maintenance, and facilities lease while leaders work on a longer-term contract in conjunction with a long-term sales tax agreement.

Worth said the extensions contain “minimal changes,” most notably the county charging the city an additional 60 cents per 1,000 gallons – up from the current 60 cents per 1,000-gallon surcharge – to help fund capital projects to increase the water supply.

Also, as far as the lease of the city’s water plant to the county is concerned, the new agreement would transfer it to the county once the plant is no longer being used.

“By doing this, it would not be a liability to the city in the future,” Worth said.

He also said he plans to talk to county officials about including a lead services clause in the water supply agreement.

-- Acceptance of a New York State Education Department grant for $10,000 and a State Aid Recreation Program grant for $1,000 to assist with the start-up of the Teen City project, a joint venture of the United Way of Genesee County, Genesee County YMCA, City of Batavia and City Church.

-- The transfer of $585,000 in unallocated funds to several restricted funds per recommendation of the City Audit Committee.

“Funding reserves now for future liabilities, equipment, infrastructure and facility improvements has been, and will continue to be, critical in avoiding larger tax burdens in future years,” Lisa Neary, deputy director of Finance, wrote in a memo dated Nov. 21.

The resolution calls for reserve funds to be increased as follows: $150,000 to DPW; $25,000 to Sidewalk; $75,000 to Administrative Equipment; $5,000 to Police Equipment; $40,000 to Fire Equipment; $10,000 to Dwyer Stadium; $50,000 to Facility; $80,000 to Compensated Absence; $50,000 to Workers Compensation; $75,000 to Retirement; and $25,000 to Parking Lot.

-- A new three-year lease (through April 1, 2022) with the New York-Penn League for the use of Dwyer Stadium for the league-owned Batavia Muckdogs.

The proposed lease is consistent with the most recent lease and calls for a $25,000 capital investment by the City into the facility annually, said Worth, who noted that league officials have yet to respond to the City’s draft of the lease.

Worth said the league paid for field and clubhouse improvements last season and continues to pay all utilities. He said that $80,000 is in the current Dwyer Stadium reserve fund.

166 South Main St., Batavia, NY, 5.73 acres, LOT/LAND, $300,000. Development site 5.73 acres in the City of Batavia. Beautiful scenic views of the Tonawanda Creek. Residential, development, place of worship, many options. Existing building can be rehabbed to 8 housing units. Existing foundation (64' x 97') can accommodate a minimum of units and a maximum of 24.

The real estate ad above more than caught the eye of Jim Carney, a 26-year resident of 162 S. Main St., who also owns property at 164 S. Main St. It also spurred him into action.

Carney made his way to Tuesday night’s City Council meeting to make the governing body aware that the ad wasn’t completely accurate and that he – and his neighbors – was prepared to oppose any plan to erect a multiple-unit housing development on that site.

The property in question once housed the City’s sewer treatment plant and later was sold by the city to a private owner.

“The ad reads the building can be rehabbed to eight housing units, with a minimum of units and a maximum of 24, but it is zoned R1A, which means that you can only have single family or duplexes there,” Carney said. “(Anything else) cannot be done without a variance.”

Carney said that there already is a high volume of apartment complexes “within a stone’s throw” of his home, namely Birchwood Village, 172 1/2 S. Main St. (Meadows) and 193 S. Main St. Apartments.

“Our concern is that more high-density housing could change the nature of the neighborhood,” Carney said. “Any attempt to change that by use of a variance will be fought by the neighbors.”

After Carney spoke, Council Member Kathleen Briggs asked if ultimately this issue would come before City Council. City Attorney George Van Nest answered in the affirmative, noting that any rezoning petition would have to be voted upon by the board.

City Council President Eugene Jankowski also responded, stating that a real estate ad doesn’t translate into a binding document and that “it’s not going to happen under our noses.”

“There are plenty of large housing units there already … it’s a bad idea.”

A proposal to rezone several parcels on the City’s Southside moved a bit closer to reality tonight by virtue of a public hearing during City Council’s Business Meeting at the City Hall Council Board Room.

City resident John Roach was the lone speaker during the public hearing and he offered a wholehearted endorsement of the plan to change the zoning from R-3 Residential to C-3 Commercial.

City Church leaders have asked the City to amend the zoning as they hope to develop commercial activities such as a dance school, art school and community education classes at the site, which incorporates six parcels on Liberty Street and Central Avenue.

In addition, church officials are in negotiations with the City to move the Batavia Youth Bureau from its current MacArthur Drive location to the St. Anthony’s campus for an afterschool venture to be called Teen City.

Roach urged council members to approve the proposal.

“Before (the former) St. Anthony’s (Catholic Church) was sold, the school was empty and they tried to let a few businesses in. But they were shut down due to zoning,” Roach said. “Now, City Church (is involved). The neighborhood could use a shot in the arm, and without the zoning, it will sit and sit just like before.”

Council President Eugene Jankowski noted that no one has spoken against the plan.

“So we had the public hearing today and there was only a positive comment – there were no negative comments,” he said. “City Council will weigh that towards the actual resolution to make the amendment to the zoning, and that will take place within probably the next business meeting, depending on other pieces of the puzzle that come together.

“All being said, if everything goes well I would expect that at the next business meeting, we would come to a vote on that zoning change.”

Council's next session is a Conference Meeting on Nov. 26, but there is a possibility that a Special Business Meeting could be called to vote on the rezoning issue.

In other action tonight, Council:

-- Scheduled a public hearing for 7 p.m. Nov. 26 to amend the City Code to make Thorpe Street a one-way street to alleviate traffic congestion and safety concerns. The proposed amendment calls for southbound traffic only on Thorpe between Watson and Maple streets.

In conjunction with the one-way idea, it has been recommended to allow parking on the west side of Thorpe Street between Watson and Maple and to leave the portion of Thorpe Street north of Watson as a two-way street with a stop sign and a parking ban on both sides.

-- Amended the police department budget to reflect the receipt of a pair of grants – the first being a $13,000 award from Sen. Michael Ranzenhofer’s office to offset the cost of body cameras for police officers and the second being an $11,374 award from the state Governor’s Traffic Safety Committee for extra patrols to enforce seat belt usage and address speeding issues, specifically in the downtown corridor.

-- Heard a report from City Manager Martin Moore concerning the status of roof repairs at the City Centre Mall. Moore said that the number of buckets collecting water has been slashed from 65 to only five, and that he intends to “get the contractor to come back until he finds them all.”

City Council authorized funds for a temporary fix of the roof this winter, with plans to fully repair the roof in the spring.

Jankowski mentioned that a doctor tenant in the mall was under the impression -- based on an inaccurate report in the local print newspaper -- that Council was not going to fix the roof and, consequently, has started a petition campaign.

“(Starting a petition) is a waste of time,” Jankowski said, assuring all those present that the City intends to make permanent repairs to the leaky roof.

-- Passed a resolution to serve as the lead agency to conduct an environmental review of a project to construct water and storm drainage improvements on Brooklyn Avenue and within Williams Park.

-- Approved requests to hold Christmas in the City and Parade from 2 to 7 p.m. Dec. 1, with the parade from Jefferson Avenue to Summit Street scheduled for 6 p.m., and for a Women’s March and Rally from Jackson Square to the City Centre concourse at 10 a.m. Jan. 19.

-- Appointed Kathryn Fitzpatrick to the Youth Board for a term extending to Aug. 31.

City of Batavia leaders believe they have come up with one way to address the traffic safety concerns on the Southside streets of Watson, Thorpe and Maple: Turn Thorpe Street into a one-way street.

Police Chief Shawn Heubusch, in coordination with Director of Public Works Matt Worth and Maintenance Superintendent Ray Tourt, asked City Council to approve a recommendation to allow motorists to travel southbound only on Thorpe Street between Watson and Maple.

Council, during tonight’s Conference Meeting (a Special Business meeting followed), decided to move the suggestion forward to its next Business Meeting on Nov. 13.

If the board votes in favor of the modification, a public hearing on a change in the municipal code would be scheduled.

Over the past year or so, residents of those streets have petitioned City Council to do something about cars not stopping at the Thorpe/Watson intersection, which already is hampered by limited sight lines. Residents had asked for the placement of a stop sign on Watson Street headed eastbound at the intersection of Thorpe Street.

Heubusch said that a traffic study did not warrant a stop sign or other traffic control device, plus there wasn’t enough space to properly erect a stop sign.

“So in order to alleviate that issue, we suggested creating a one-way street – making Thorpe a one-way street,” he said. “It is a southbound street only now (per the recommendation), coming from Watson to Maple.

“We hope that will alleviate the issue with that sight line and visibility issue, because you will no longer have cars northbound on Thorpe Street looking to turn west onto Watson, or east onto Watson for that matter, because they will no longer be allowed to go that way.”

City officials also are recommending that parking be allowed on the west side of Thorpe Street between Watson and Maple, and leaving the portion of Thorpe Street north of Watson as a two-way street with a stop sign and a parking ban on both sides.

Heubusch said that if these changes don’t work, they will explore other options.

In other action last night, Council:

-- Voted to approve an amended sales tax agreement with Genesee County that extends the current pact for one more year, through Dec. 31, 2019.  As it stands now, the City receives 16 percent of the sales tax revenue, compared to the county’s 50 percent and the towns sharing the remaining 34 percent.

A new 40-year agreement which changes the terms is on hold due to objections by the State Comptroller’s Office, which is calling for “special legislation” by the State Legislature to vote on the contract.

-- Voted to schedule a public hearing at 7 p.m. Nov. 13 on an ordinance to amend the zoning map of the City of Batavia per a request by City Church to change parcels at the former St. Anthony’s School/Church campus from R-3 Resident to C-3 Commercial.

As reported previously, City Church leaders are hoping to offer commercial activities such as a dance school, art school and community education classes at the site and they have been working with the City to house the Batavia Youth Bureau, with the idea of renaming it Teen City.

Council also agreed to taking on lead agency designation in a mandated State Environmental Quality Review of the six parcels on Liberty Street and Central Avenue.

 -- Voted to reject bids from two companies for the replacement of two areas of flat roofs and four entry silos at the City Centre due to the fact that the bids came in 25 to 30 percent over the estimated cost (about $150,000) of the project.

Instead, Council is going with Worth’s recommendation for DPW to perform some remedial work on the roof and silos, and then rebid the work to start in the spring as part of a larger project.

Council members Rose Mary Christian and John Canale questioned whether the DPW’s work – estimated at $4,000 – would eliminate the need for all the buckets in the concourse. Worth said he couldn’t ensure that all leaks will be stopped, but said it “will get us through the winter.”

-- Accepted a STOP-DWI grant for $4,576 for a detail that starts this month, and voted to amend the City’s personnel policy manual to adopt the state’s sexual harassment policy, which calls for all employees to be trained by Oct. 9, 2019.

Martin D. Moore, Ph.D., the new manager of the City of Batavia, was the center of attention on Wednesday afternoon, but he was quick to mention that it’s the residents who come first.

Moore, speaking at a meet-and-greet session at City Hall Council Chambers, said he advocates an open-door policy that gives citizens an avenue to let their voices be heard.

“I’m here for the people themselves … that’s who I work for,” said Moore, who was joined at the event by his wife, Joanne, and 17-year-old son, Martin Jr. “If they need something, have an issue or a suggestion, I am willing to listen. There are no bad ideas.”

The former city manager of Eunice, N.M. (he served in that capacity for about seven years), Moore said he has a “relaxed style but is very driven toward results at the same time.”

As he prepares for his first City Council meeting next Monday, Moore said his immediate priorities include talking to the management team about how to communicate effectively, building a working relationship with the business community, and meeting with Batavia Development Corporation officials about the Downtown Revitalization Initiative.

“I really want to see the shovels starting to hit the ground,” he said, referring to the Ellicott Station project.

His hiring as the one to replace Jason Molino, who resigned the position about nine months ago, is homecoming, of sorts, for his family. His wife has two sisters in Le Roy, a brother in Warsaw and another sister in Castile. She also has a brother who resides in Tonawanda.

Moore said he was in the running for similar positions in Arizona, New Mexico and Colorado, but believes that the Batavia job was meant to be.

“When I came here (during the interview process), everything seemed to click,” he said. “City Council was great; I really enjoyed talking to them and when I went around town, the people were very friendly.

“And if any hurdle came up, it was worked out. Everything just lined up.”

City Council agreed to an initial contract of $110,000 plus benefits for Moore.

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 associations and president of the Eunice Rotary Club.

His wife said she was excited when she heard about the Batavia position being open and got “really excited” as her husband made the final cut.

“I haven’t lived in New York since I was 16,” she said, noting that she moved to Hawaii in the mid-1970s and then to the southwestern part of the United States after marrying Moore in 1985.

“He was an Arizona boy, so we settled in New Mexico,” she said.

Joanne, who served as the Chamber of Commerce director in Eunice from 2011-2018, said her husband will be active in the community – appearing at festivals and other events. (They have found a home on Lincoln Avenue, just a short walk from Centennial Park).

“(Martin) likes to be somewhere where he can make a difference,” she said. “He wants to do things to help the community and wants to know what the people think. Sometimes you don’t know unless somebody lets you know.”

Martin Jr. is one of seven children – the others live in New Mexico, Utah, Idaho and Michigan – and is in his senior year at Batavia High School.

He said he's interested in cosmology, the science of the origin and development of universe, and hopes to go to college in Hawaii and earn an internship at the Mauna Kea Observatories.

At least one Batavia resident, James Owen of Redfield Parkway, said he came away with a positive first impression of Moore and his family.

“I think he’s going to be great for Batavia,” Owen said. “He came across as very willing to help the citizens of Batavia. We’re hoping for the best.”

Batavia City Council President Eugene Jankowski said he is confident that the Batavia Planning & Development Committee will come up with the best way to rezone parcels of the former St. Anthony’s Church/School campus on Liberty Street and Central Avenue in order to create a much-needed “community benefit” on the City’s south side.

Jankowski, speaking after Tuesday night’s City Council meeting, took the planning committee’s recent inability to pass a zoning change from its current R-3 Residential to the requested C-3 Commercial in stride, noting that the planners generally are in favor of it.

 “I think that the planning board, from my observation, somewhat recommended it, and I think it’s a great idea for the community to rezone it because that’s exactly what it’s been used for anyway,” Jankowski said. “So I think that rezoning it for its proper use so that we can relocate the youth center there and to put more programs over there is a great idea.”

At a PDC meeting on Sept. 18, the vote was two in favor, one opposed and one abstention, but three votes were needed for passage (one board member was absent).

PDC Chairperson Duane Preston said one committee member was adverse to “spot zoning” so the board is looking at its options, including the recommendation of an alternate zoning district or new district classification. He said the complete packet of information will be provided to council members prior to the next City Council Conference Meeting on Oct. 22.]

Jankowski said he wasn’t so sure that it was a case of “spot zoning.”

“If you look at it, it’s not really a spot … it’s not an island in the middle of a residential area,” he said. “It basically redraws the lines to create like a cutout for an area that’s pretty much a big parking lot, a school building, and a community center. It’s pretty much been treated like a commercial-type property all these years anyway, but it was exempt because it was a church, I believe. I could be wrong on that.”

He added that the parcels in question have become “more of a community center” and “it just makes sense to make it zone properly so they can now offer more services.”

“I think it’s the best thing that can happen there. Do something with it, get it fixed up and make it a community ‘benefit’ instead of a community ‘nothing’ because it’s improperly zoned. In the future, if the planning board recommends a special zone. By all means, if it fits, then why wouldn’t we do it?”

The property was purchased by City Church in 2016, and is hoped to become a destination for commercial ventures such as a dance school, art school and community education classes, as well as the future home of the Batavia Youth Bureau (Teen City).

The Rev. Martin Macdonald, pastor, was at the City Council meeting and said he thinks City Council is on board with the plan and he is “certainly appreciative of that.”

“I hate to go ahead until this is accomplished because I don’t want to talk about something that can’t be a reality until it is approved,” he said, “but we were just over there tonight, and there are 150 kids there right now.

“It’s something that was empty for nine years and is now full of life, and we just want to expand that. We’re just going to complement what’s already happening, and come alongside the City in any way we can, and do what we’re called to do – help people of all ages.”

The Batavia City Council is on board with a one-year extension of a tentative new sales tax agreement with Genesee County as long as county legislators also act to facilitate the “special legislation” necessary to secure a 40-year deal.

During a Special Conference Meeting tonight at City Hall, council members opted to move a resolution calling for a 12-month extension agreement to its Conference Meeting on Oct. 22, but want assurances that Genesee County lawmakers will be taking up the measure as well.

“The one-year extension is consistent with the 40-year agreement … and the special legislation hopefully will lead to (the passage) of the 40-year agreement,” Interim Manager Matt Worth said. “It would not have been approved by the state Comptroller’s Office (without the special legislation). So, the county will meet concurrently and then it will go to the Comptroller.”

City Attorney George Van Nest explained that the county attorney was advised in mid-September of “feedback he got from the state Comptroller’s Office that there was a little discomfort (with the 40-year term).”

Van Nest said pursuing the special legislation through the state legislature is the “best approach and the most cautious approach.”

In a memo to City Council dated Oct. 2, Worth referred to precedent for such a move, citing previous agreements in Wayne and Ontario counties.

The City and Genesee County have 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. In future years, the City’s share will depend upon sales tax revenue growth, eventually being no less than 14 percent.

City Council President Eugene Jankowski said he was in favor of the special legislation because “it will protect us. It becomes not just an agreement, but one approved by the state legislature.”

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.

Council Member Robert Bialkowski said he wanted to know how much the county actually needs for these big ticket items.

“What do I tell my constituents?" he asked.

Worth said he wasn’t sure of the numbers, but said the county jail cost is expected to be around $50 million.

The county is expected to act on the extension on Oct. 17, Worth said, noting that the extension will expire on Dec. 31, 2019.

Jankowski said the ruling from the state Comptroller’s Office came as a bit of a surprise.

“The county attorney had been in contact with the state all along and at the last minute, it was like somebody finally read it, and said, ‘Oh, it’s a 40-year agreement,’ ” he said.

During the Business Meeting held before the Conference Meeting, Council:

-- Voted 8-1 to continue extra compensation for Worth ($1,000 per month), and James Ficarella, Ray Tourt and Lisa Neary ($750 per month each) through the pay period ending Jan. 4, 2019, for their additional work during the time the City has been without a city manager and assistant city manager.

The lone “no” vote was cast by Rose Mary Christian, who previously stated that she believes the additional pay should end when the new manager, Martin Moore, assumes his duties on Oct. 15.

-- Voted 9-0 to support the Fire Department’s implementation of an external Emergency Medical Technician class to be offered on an annual basis and to accept a $1,500 state grant to continue a child safety seat initiative.

The EMT class is for 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.

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.”

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.

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.