city council

City Council gave its blessing to a GO OUT! parade and picnic on June 28^th in conjunction with Pride Month 2019, challenging the views of a Batavia resident who addressed the board during tonight's (Monday) Business meeting at City Hall Council chambers.

“I request that you deny the license for the permit,” said the Rev. Henry Pokrywa, pastor of Faith Community Chapel on Rose Road. “I don’t feel that public streets should be used to display anyone’s sexuality, whatever that may be.”

Gregory Hallock, executive director of Genesee-Orleans Regional Arts Council (GO ART!) and leader of the GO OUT! group that promotes LGBTQ+ (lesbian, gay, bisexual, transgender, queer/questioning) causes, filed the application for the event, which will run from 6:30 to 10 p.m.

The parade is set to begin at Austin Park and proceed on Washington, Ellicott and Richmond avenues before ending on Bank Street, near the GO ART! building.

Following the parade, activities will take place on Bank Street near Alva Place. A DJ will provide music and there will be games. Alcoholic beverages will be available, but only on GO ART! premises, according to the application.

Hallock thanked City Council for approving the festival and then listened as Pokrywa questioned its validity.

“The gentleman (Hallock) said that this (local Pride movement) has grown,” Pokrywa said, noting that the parade will include floats. “I don’t know the standards, but I’m pretty sure there should be public decency and morality standards. There will be children there.”

Pokrywa said he was “not against anybody” but when it comes to “public morality, we have to decide where we draw that line.”

Lauren Berger, of Mount Morris, a training coordinator for RESTORE sexual assault services, followed Pokrywa to the podium, reporting statistics that indicate an increase in sexual violence and harassment against those who identify as LGBTQ+ and calling for Batavia to assist in getting the word out to help these people.

“Batavia can be the answer to the LGBT desert,” she said.

After that, four Council members spoke in favor of the parade and picnic.

“I don’t want to deny any group,” Rose Mary Christian said. “Thousands of people (enlisted men and women) have died for us to have this freedom.”

Council President Eugene Jankowski said “we know what (gay pride parades) look like, and we’re going to be better than that (and not discriminate),” adding that any violence would be addressed.

“We’re not going to single out people,” Kathleen Briggs said. “We always give our approval.”

And Patti Pacino advised that “you don’t have to be part of the LGBT community to be part of the parade.”

“I will be in the parade, and I’m very straight.”

The GO OUT! event was one of several items discussed by Council, preceding the board’s passage of seven resolutions on the meeting’s agenda.

City Manager Martin Moore reported that, after meeting with Police Chief Shawn Heubusch and department heads, that he is forming a crime task force to tackle the recent spate of violence.

“Our goal is that we don’t want these types of individuals (criminal element from outside the area) in our city and decisive actions will be taken,” Moore said. “The bottom line is that it is unacceptable for our citizens to not feel safe to walk out of their front doors.”

Residents have been on edge in recent weeks as a result of several incidents, including the fatal stabbing of a man outside his home on Ross Street after he went to the aid of a woman who was in a physical altercation with a man.

Moore said that the task force will get started within the next couple and is expected to include leadership from Genesee County, including the district attorney’s office.

“There is going to be a lot of work. We don’t have a committee just to do committees,” he said, adding that he will keep City Council informed throughout the process.

In a related development, Heubusch informed Council members that he is hoping to fill a void in his department by hiring three new police officers by early July.

He said he has a substantial list of candidates who scored well on the Civil Service exam, with an eye of sending the top three – after an extensive interview and background check process – to the police academy in Erie County on Aug. 5.

“Still, even if we hired three officers today, it would be about a year until we could put them on the street,” he said, noting that the academy runs for five months and is followed by four months of field training.

Currently the department lists 33 officers, including the chief and assistant chief.

Moore also reported that a request by Genesee/Orleans Council on Alcoholism and Substance Abuse to provide a social gathering place for recovering addicts at the former North Pole Restaurant at 241-243 S. Swan St. “does not fit within an R-2 (Residential) zone.”

Moore said a letter stating as such was sent to GCASA Executive Director John Bennett, but he has not received a response.

Several Council members (as well as residents in that area) went on record last month against GCASA’s proposal, and Council Member Rose Mary Christian reiterated her opposition tonight, applauding the Code Enforcement office’s conclusion.

Council also heard from North Spruce Street resident Anita Tolejko, who urged the board to do something about motorists who drive the wrong way on the one-way street, primarily from Chase Park to East Main.

She called for a “traffic study, big signs and flashing lights” to put an end to this illegal practice.

“I really don’t know, but I would like something done” (before a head-on collision takes place),” she said.

In other action, Council:

-- Set a public hearing for 7 p.m. June 24 (the date of the next City Council meeting) on a resolution that would relax the residency requirements for new municipal employees per the Batavia Municipal Code.

Jankowski said the amendments focus on expanding the geographical area around the city where new employees may live to include any adjacent town to Genesee County within six months of the date of conclusion of the probationary period for the City. The employee also would be required to live within these areas for the duration of his or her employment.

-- Entered into a contract with a company called three+one, of Pittsford, for cash liquidity and treasury analyses that would lead to increased returns on investments and bank accounts for the City.

The City’s cost to enter the program is $9,900, but that would be returned by three+one if the company fails to find at least $50,000 in additional savings.

The Pittsford firm previously teamed up with the Town of Batavia and Genesee County, with the county reporting significant additional income.

-- Approved agreements with the Batavia City School District that calls for the school to provide transportation of students to the new Teen City site at the former St. Anthony’s School on Liberty Street and to maintain the former City Youth Bureau at 12 MacArthur Drive.

Teen City is partnering with City Church, which owns the Liberty Street property, and the Genesee Area YMCA to offer an after-school youth program. It is expected to begin operation during the week of Aug. 19.

-- Authorized the appointment of City residents Nicholas Harris, Marc Staley and David Leone and Council members Robert Bialkowski and Paul Viele to the Audit Advisory Board.

While it doesn’t have any legal right to stop the sale of property, City Council is keeping its collective finger on the pulse of the Genesee/Orleans Council on Alcoholism and Substance Abuse’s proposed offer to purchase the former North Pole Restaurant at 241-243 South Swan St. and use it as a social outlet for recovering addicts.

And at least four Council members publicly stated their opposition to the potential sale tonight following comments from two neighborhood residents during its monthly meeting at City Centre Council Chambers.

“I would not support it,” said Council Member Paul Viele, as colleague Kathy Briggs nodded in agreement, to applause.

Moments later, Council Member Rose Mary Christian and President Eugene Jankowski also stated that they were against it. Christian brought the issue to a public forum last month at a town hall meeting at 400 Towers.

“We’re going to do everything we can to stop this,” Christian said, despite word from City Attorney George Van Nest that, at this point, “there is not a role for Council to play” in this matter.

Van Nest said that Council is “not in the business to stop a project because it may be unpopular.” He advised that it needs to play out to see if any rezoning or variance issues would materialize, and those would be handled by the proper committees (Batavia Planning & Development or Zoning Board of Appeals).

City Manager Martin Moore said that GCASA Executive Director John Bennett told him that the building, which for many years served as the St. Nicholas Social Club, would be repurposed as a “retreat or private getaway” for those recovering from substance abuse.

“Still, we have to as a City take a look at it,” Moore said, noting that the area currently is zone as R-2 Residential. “The city attorney and Department of Public Works Superintendent (Matt Worth) are requesting information regarding the use.”

Moore said the specifics of the project weren’t spelled out, and that he is pursuing a written determination to be given to City Council and to be shared with the public.

Comments from council members and management came after David Fasano and Jack Chmielowiec, longtime Southside residents, voiced their strong opposition to the plan.

“These are court-ordered drug addicts and alcoholics (and they) force them onto our neighborhood,” Fasano said. “It’s not a good fit.”

Fasano said he was against it for two primary reasons – it puts addicts in a residential neighborhood and takes property off the tax rolls.

“GCASA is not a church; GCASA is a business,” he said. “With St. Anthony’s (Church on Liberty Street), it was already off the tax rolls when City Church bought it. They’ll be using our emergency services, DPW, city attorney … and we’re paying for that.”

Chmielowiec said he was “upset that it got this far without our neighborhood knowing about it” and was surprised that anyone would even consider the location with a school (Jackson School) two blocks away and a park (Farrall Park) “less than 200 paces away.”

He called negotiations a “sneaky kind of deal right from the get-go” and said he was “offended” that neighbors weren’t notified in advance.

Earlier reports indicate that GCASA received a state grant to fund the gathering place and had about a three-month window to complete the deal, and that the current owners of the property have accepted the agency’s offer.

A frequent contributor to the newspaper “Letters to the Editor” section, Town of Alabama farmer Sam Scarborough took to the spoken word at the Batavia City Council meeting Monday night to express his opposition to the New York Reproductive Health Act.

The RHA, which expands abortion rights in the state, was passed into law in January. Provisions of the measure include permitting abortions after 24 weeks if the fetus is not viable or the health of the mother is at risk. It also allows trained medical professionals, not only doctors, to perform abortions.

The law prompted hundreds of people – mostly pro-life advocates -- to attend recent City Council meetings and sparked an emotional debate on both sides of the abortion issue.

Ultimately, Council members decided against sending a letter drafted by Council Member Rose Mary Christian in opposition to the law to Gov. Andrew Cuomo, instead calling for residents to send individual letters to Albany.

Last night, Scarborough, who said he was unable to make the previous Council meetings, noted that 95 of the state’s 102 Democrats in the Assembly and 38 of 39 Democrats in the Senate voted in favor of the law.

“It is disgusting that one of the first things they did after taking over power was to make sure abortion is legal in this state all the way to birth,” he said. “Aborting after that (24 weeks) is basically killing a baby that would live (on its own).”

Scarborough stated he was a registered Republican who was “proud” of the fact that no members of his party voted for the law. He then wondered aloud if “that is what the vast majority of the Democratic party stands for we need to remove those who voted for this as soon as possible …”

He then quoted II Chronicles 16:9 from the Bible and thanked Christian for taking a stand, to which she replied, “Thank you.”

Council President Eugene Jankowski responded to Scarborough’s comments by mentioning that he spoke with Congressman Chris Collins at a function in Niagara Falls last Saturday and said that Collins “agreed that this is out of control.”

Jankowski said that Collins told him that bills are being introduced to protect the unborn but “they just blow them off.” However, Collins said, they (Republicans) don’t intend to stop.

Collins said that the best way to get a lawmaker to take notice is to show up at his or her office.

“When there’s 50 or 60 people on a bus and they all want to talk to their congressperson, it makes them very nervous,” Jankowski said. “Some of them sneak out the back door. Some of them will speak with the people. That’s how to get their attention.”

Christian reported that a Right to Life march is scheduled for May 1 in Albany, and that she is attempting to organize one for this area.

City Manager Martin Moore optimistically proclaimed that the City of Batavia is “open for business” following the passage of the municipality’s 2019-20 spending plan tonight.

“We need to be able to send a message to the rest of the state of New York and the rest of this area of the United States that we’re open for business – and I think that this budget does that, and I think very successfully,” Moore said after City Council voted 8-1 in favor of the $27.4 million budget.

The budget calls for $5.2 million to be raised by taxes, but keeps the property tax rate at $8.96 per thousand of assessed valuation – the same as last year’s rate. At that rate, owners of a house assessed for $70,000, for example, would pay an annual city tax bill of $627.20.

Moore said no tax increase “was really, really important, and the other thing that I felt good about was our ability to sustain services by not increasing taxes.”

While holding the line on taxes is admirable, it isn’t good enough, said Council member Rose Mary Christian, who cast the lone “no” vote.

“I am hearing a lot of opposition … some people are against the nonprofits that we’re contributing to, the celebrations and (repair of) the pillars on Redfield Parkway,” she said. “That’s what I’ve been hearing from people.”

Christian also was the only dissenter when it came to voting on the water rates, meter fees and capital improvement fees for the 2019-20 fiscal year. Water rates and meter fees are going up by 3.5 percent and capital improvement fees are increasing by 10 percent – the same as last year’s increases.

She said her quarterly water bill, for two people, is $142 and mentioned that some single families are paying over $100.

When Council President Eugene Jankowski said that “the bill for my wife and I is $90 every three months,” Christian responded by saying “we must be washing too much or something.”

Moore responded to questions from The Batavian about Batavia’s $10 million Downtown Revitalization Initiative grant and the status of the Ellicott Station project – two ventures that have been in the works for quite some time.

“Five of the eight (DRI) projects are moving forward with either agreements in hand or being reviewed by the various parties,” he said. “I know that a couple of them are in design right now.”

Regarding Ellicott Station, he spoke in generalities, saying that the parties involved “are working on the financial proposals and they’re very close” and that he will be meeting with them in the next week or two.

The city manager said he was excited about the micro-grant program with the Batavia Development Corporation, noting that they’ve received 23 or 24 applicants for Main Street (downtown) grants.

“Some of those applicants BDC will take and try to get Main Street money and hopefully get even more capital improvements on Main Street,” he said. “I’m feeling very optimistic that our first set of projects will be ready to go and start construction sometime this summer.”

City Council passed a number of resolutions, including:

-- Authorizing the City to apply for a pair of National Grid grants – an urban center/commercial district revitalization grant of up to $250,000 to assist in the repair and renovation of the City Centre and a Main Street grant of $100,000 to assist in the rehabilitation of a City Centre parcel to be used by the Batavia Players.

-- The awarding of three contracts relating to the Water and Wastewater Treatment facilities.

One is for Daniels Farm of Waterport, which will pay the City $114,000 over the next three years to harvest fathead minnows from the facility at 5 Treadeasy Ave.

Another is with seven different companies which will supply chemicals needed for the operation of the water plant.

And the third is with A.D. Call & Sons of Stafford to remove and dispose of liquid lime sludge from the plant over the next two years at a cost of $6,850 per each of the two times it is required.

-- Permitting a shared services agreement with the state Department of Transportation that would allow for the City and DOT to assist each other with equipment, materials and manpower on a limited basis (maximum value of $10,000) with an emergency declaration by the governor.

Council also approved the All Babies Cherished 5K walk/run set for 9 a.m. to noon on June 8, starting and ending at Northgate Free Methodist Church’s city facility at 350 Bank St.

Moore reported that the City has received word from the Federal Emergency Management Agency and the Insurance Services Office that it has been approved to continue participation in the Community Rating System at its current Level 7 rating.

Pro-life advocates are mobilizing across the nation as many states enact laws expanding abortion rights, even to the point of fetal viability.

And their numbers are increasing, according to a new Marist poll that revealed that more Americans are identifying themselves as pro-life – with the split at 47 percent for pro-life and 47 for pro-choice compared to 38 percent pro-life and 55 percent pro-choice just a few weeks earlier.

The debate intensified in the City of Batavia over the past month following the state government’s passage of the New York Reproductive Health Act.

Numerous Batavia residents and several from out of Genesee County and even from as far as Arizona spoke out on the issue as City Council debated whether to send a letter to Gov. Andrew Cuomo in opposition of the RHA. In the end, the board decided not to do so (see story below).

The overwhelming majority of speakers, many identifying themselves as pro-life and “followers of Jesus Christ,” urged Council to stand up for the unborn, to obey the Word of God and to send the letter.

Others contended that city officials weren’t elected to weigh in on national and state issues, especially in light that the RHA has already been put into law.

On Monday night, 17 people – a few of them for the second or third time -- addressed City Council during the public comments portion of the Conference meeting.

Following are excerpts of their speeches:

Erica O’Donnell, Batavia – A self-described political activist, she said the most effective way (to get change) is to “coordinate our actions” – getting 20-50 like-minded people to write letters, make phone calls, conduct rallies and demonstrations.

As for Council’s involvement, she said it shouldn’t be.

“This is the third meeting where the topic is taking up the time of City Council. If you send a letter, it opens up a can of worms. Let’s put this issue to bed tonight … stick to city business.”

Jim Russell, Batavia – Stating that abortion is a moral issue, he called out New York, a state that doesn’t allow capital punishment for convicted criminals, for “saying that it’s OK to have capital punishment (against) babies.”

“I believe the majority of people in this community believe in eternal life, will (someday) meet their creator and have to answer for their life.”

Ann Marie Scalia, Batavia – She implored Council to “speak for the babies who have no voice inside the womb … babies (that) are very much alive … and 100 percent they feel pain (when an abortion is performed).”

She talked about other choices – counseling and adoption – and called for Batavia to be the first sanctuary city for the unborn.

She also railed against Albany, saying the state wants to protect un-vetted illegal immigrants and that Cuomo “has done nothing for us but tax us to death.”

Raelene Christian, Batavia – Calling the RHA “disgusting,” she said that once a woman becomes pregnant, it no longer is just her body anymore – “it’s two bodies, hers and her baby’s.”

She spoke about states that have passed a “heartbeat” law to put restrictions on when an abortion can be performed and said that “pro-lifers have been ignited like never before and their voices are being heard.”

Finally, she said the question was simple. “Do not take a stand for pro-life or pro-choice, but do stand for the unborn.”

Beth Cerminara, Lancaster – Contending that Roe v. Wade is “unconstitutional and antiquated,” she said the RHA was passed “under the guise of health care but is neither health nor care … Batavia can be the first to stand against a tyrannical state governor.”

Showing photos of fetuses at 10 weeks and one week, she said they are “beautifully and wonderfully woven together by the hand of God. This is 100-percent human …. Valuable and made in the image of God.”

Then she urged Council to “repent before the Lord who can save you from your sins … no more excuses; stop murder in Batavia.”

Susan Sherman, Batavia – The director of All Babies Cherished on Ellicott Street said her staff supports 300 clients annually with maternal needs, mentoring and other services. “We’re here to help women and girls who are dealing with unwanted pregnancy by offering “life choices.”

She also said that it’s a law that “you can’t touch a feral cat but we can kill an infant through nine months of pregnancy.”

In closing, she asked “how do we deal with these women who go through these procedures? Some had abortions 40 years ago and they’re still hurting (emotionally).”

Mona Doyon, Batavia – An employee at All Babies Cherished, she credited a teacher at Notre Dame High School for her pro-life stance, which gave her the courage to “choose life” when she became pregnant.

“God is calling each of you to take a stance … a chance to make a real difference,” she said to Council.

“When you say the Our Father (prayer before Council meeting), you can’t just say those words. It’s 'His kingdom come' not ours.”

John Speed, Syracuse – “I believe that you guys have the courage to do the right thing … make Batavia a sanctuary city for the unborn,” he said.

“The fear of the Lord is the beginning of wisdom, and we need to fear God more than we fear men, more than we fear Cuomo, some guy on Facebook or Planned Parenthood. Fear the One who you will stand before in judgment. “

He then quoted Bible passages from Proverbs 28:1 and Rev. 21:8, concluding that “I believe you can stand against this evil.”

His son, Charlie, then spoke briefly, stating “your parents chose life or you wouldn’t be here” and then quoted Romans 3:15 – “Their feet are swift to shed blood.”

Sarah Cleveland, Ohio – As someone who works in emergency room and medical situations, she said that “people across the country are watching what you are doing and praying for you.”

She said she is a foster care parent and abolitionist against abortion.

 “This is our duty as Christians – to rescue those who need saving … I never hear the words ‘emergency abortion.’ You can take a baby out without murdering the baby. There is no reason to ever murder a baby to end a pregnancy.”

Marcus Pittman, Mesa, Ariz. – Saying he is a documentary filmmaker, he called upon Council to “stop the madness” and noted that in “Arizona, Washington, D.C., and in Oklahoma people are rising up.”

He asked why people this issue is even being debated because “you guys know that a baby in the womb is a baby.”

He said he was against sending the letter – not because he was pro-choice, but that it would result in being ripped up by Cuomo.

Alex Feig, Medina – Prefacing his remarks with the Biblical view that “we’ve all sinned and fallen short of the glory of God,” he spoke of the “compassion, hope and help” provided by All Babies Cherished in Batavia and Care Net Center of Orleans County.

“We need to present young mothers with all of the options available (including life options),” he said.

He then said that while U.S. Sen. Chuck Schumer takes a pro-choice stance for our nation, the New York representative also aligns himself with the Israeli pro-life, anti-immigration group EFRAT.

EFRAT’s mission, according to its website, is to empower women to make an informed choice about the future of their pregnancy by providing them with personal counseling, prenatal medical consultation and postnatal family support.

Judy Piscitello, Batavia – She said that Batavia has an “advantage” over other communities in becoming a sanctuary city for the unborn because United Memorial Medical Center is “a safe haven for babies and does not do surgical abortions.”

She shared several points about what a sanctuary city of this nature would mean, including:

-- All preborn babies could realize their full citizenship.
-- No doctors (etc.) could perform surgical abortions in Batavia from this day forward.
-- No minor should be taken out of the county for an abortion.
-- Law enforcement would not be compelled to cooperate (with state or federal laws re: abortion).
-- The entire city would get together for education of all ages and work with All Babies Cherished and with adoption agencies.

Chris and Brittany Connelly, Batavia – They said that Council had the “authority to do this” under the Constitution and New York Bill of Rights.

“Being a sanctuary city, the personhood would be returned to that child,” Brittany said. “There are no consequences for our actions any more … the world is going down. We support you in writing this letter … it’s a start.”

She then thanked Rose Mary Christian, the only Council member who voted to move the resolution forward to the next Business meeting, and called her “a true feminist” – sparking a loud round of applause from the crowd.

Kathy Stefani, Batavia – Addressing each Council member by first name, she said she contacted all of them by phone a few weeks ago and said that seven members “shared with me that you’re strong pro-life believers and agreed that this law is abhorrent.”

She then quoted II Timothy 1:7 (God has not given you a spirit of fear … but a spirit of power, love and a sound mind), and added that “this mighty God of the universe is a loving God … is for you, and if God is for you, which he is, who could be against you?”

Diana Kastenbaum, Batavia – Stating that she was born and raised in this city, she said that she “felt as if I am not welcome here (because) my views are different than those people.”

“I am Jewish and I am a religious person but yet I don’t feel this is Council’s place to have this theological discussion,” she said. “I think I’m a very moral person. I don’t think I am an immoral person because I am pro-choice.”

She said “we voted for you to vote on local issues” and that the laws (Roe v. Wade, RHA) are the laws and “we are all expected to uphold it.” She said she thinks that the separation of church and state was being “intermingled” here and it is “our moral imperative to keep the two separate.”

In closing, she said “I don’t think you want this to be a constant gallery to national issues …. Do your job as City of Batavia Council members and do not write this letter.”

Photo at top -- Chris and Brittany Connnelly of Batavia speak out against abortion during Monday night's City Council meeting. Photo by Mike Pettinella.

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.”