city council

Brooks Hawley bid farewell to his fellow (and lady) City Council members Monday night, ending a five-year run that saw him advance to president of the board, but left stating that his interest in politics and local government is as keen as ever.

"I'm not leaving and going away to never be heard from again," Hawley said following the meeting at City Centre Council Chambers. "I'm looking forward to staying inovlved and helping out in areas that need working on."

Hawley is relinquishing his Councilman-At-Large seat due to the relocation of his family from the city into his late grandfather's house in the Town of Batavia, thus making him ineligible to serve on City Council. So far, three people have emerged as possible candidates to replace him (subject to a recommendation by the City Republican Committee).

"It has been amazing," Hawley said after receiving well-wishes from the other council members and city employees.

City Council passed three measures relating to digital signs on Monday night that back its claim as a business-friendly governing body.

The board's unanimous votes modified recommendations by the City Planning & Development Committee, which had worked with the Genesee County Planning Board to revamp the city's sign code.

The first change reduces the amount of time that the message on an electronic digital sign could be changed -- from once every hour to once every 10 seconds. The second eliminates an annual $25 fee that would have been imposed upon a business owner to operate a digital sign, and the third "grandfathers" in digital signs that currently are located in zoning districts (such as Residential and/or Industrial) not authorized to have electronic message boards. 

"We're promoting small business, so I think we should leave it up to them (business owners)," said Council President Eugene Jankowski Jr., who instructed Council in the voting procedure. "Ten seconds ... keep it reasonable."

Prior to the discussion and vote, Council heard from Guy Clark, owner of Cedar Street Sales & Rentals, who has a digital sign but, under current rules, was unable to use it. Clark had previously addressed Council and the City Planning & Development Committee about the one-hour restriction.

Once again, Clark asked Council to permit the message to be changed every 10 seconds and to allow those with "nonconforming" signs to be phased into the code. He was supported by Batavian John Roach, who added that he thought the $25 annual fee was just another name for another tax.

"You (City Council) call it a fee, but it's a tax," Roach said. "I call it a money grab."

Council members agreed fairly quickly to approve the 10-second measure, and change the annual $25 fee to an initial fee of $25. They discussed for several minutes, however, the pros and cons of digital signs in residential/industrial zones.

Before the vote to grandfather the six property owners affected by the zoning requirement -- Cedar Street Rentals, United Memorial Medical Center, the two city high schools and two churches -- Councilman John Canale asked why digital signs weren't allowed in Industrial zones in the first place, noting that commercial ventures sometimes pop up in those areas.

City Manager Jason Molino said the rule of thumb is to keep digital signs in certain areas and away from people's homes as much as possible.

Following the vote, Council asked Molino and city planners to look into this issue and report back to the board.

Afterward, Clark said he was relieved by Council's actions.

"I think it's a very fair decision, and it certainly pleases us," he said. "And I was also concerned about an industrial center (that) opens up and a commercial business wants to go in there. So they left the door open a little bit for that down the road if someone did want to do that."

Clark said that along with messages that promote his business, he wants to put information such as time and temperature, and "put a funny little quote up there -- offer a free service for public, for not-for-profits. We'll put your message up there for you."

Another important change to the sign code is the elimination of county and city planning board reviews and special permits for those seeking area variances (example, changing the size of a sign), and enabling the applicant to go directly before the Zoning Board of Appeals. This modification would cut the approval process from 30 to 45 days to a day or two, Molino said.

Moving forward, Molino advised Council to schedule a public hearing on the sign code at its Dec. 12 business meeting for its first meeting of the new year (Jan. 9).

The complexities involved in sales tax distribution, especially as it is related to water usage and water treatment facilities, have prompted City of Batavia and Genesee County leaders to re-evaluate their path to reaching a new allocation agreement.

City Manager Jason Molino, speaking at Monday night's City Council meeting, said that "a lot of different complex issues are on the table" than there were 17 years ago when the sales tax allocation pact between the county and city originated.

"We're looking at how to approach this collectively," he said, in reference to a committee of city and county personnel that has been put together to carve out a new plan to replace the current one that expires in February 2018. "There are hundreds of millions of dollars involved here."

City Council, understanding that negotiations are ongoing, passed a resolution last night stating its intent to extend the sales tax agreement -- without modification -- with the county. Previously, Genesee County legislators voted to terminate the agreement in the event that talks on a new contract stalled.

As it stands now, the terms of the sales tax agreement provide the city with 16 percent of the sales tax generated in Genesee County, with the towns and villages splitting 34 percent (based on assessed valuation) and the county receiving 50 percent.

Molino has stated that the city's 16-percent share is more than it would receive if the sales tax/water treatment contracts weren't in place, adding that the city pays the county a surcharge of 60 cents per 1,000 gallons of water used and in return the county leases the water treatment plant from the city and reimburses the city for operational costs.

Additionally, the city buys water from the county (at a discounted rate) and the county sells water outside of the city. The revenue from the sale of water goes to pay for the infrastructure needed to distribute water to the towns.

The "oversight committee" is comprised of Molino and Genesee County Manager Jay Gsell; City Council members Eugene Jankowski and Kathleen Briggs; Genesee County legislators Raymond Cianfrini, Marianne Clattenburg and Robert Bausch; Bergen Town Supervisor Donald Cunningham, and Darien Town Supervisor David Hagelberger.

Meetings are scheduled over the next few weeks and progress reports will be given to the committee, Molino said.

This is good news to Council President Jankowski, who said Council is invoking "short deadlines (because) we're not going to let this go."

He also said he believes the team approach is the best way to proceed.

"It's important that there are concessions both ways, and that there is an understanding of each other's situation," he said.

Speaking from decades of experience in property redevelopment, Samuel Savarino, chief executive officer of Savarino Cos. of Buffalo, acknowledged the challenges involved in converting the former Santy's Tire Sales and Soccio & Della Penna Construction sites on Ellicott Street in the city into a successful commercial venture.

But he also said he is encouraged by the "great public support" locally and is hopeful that New York State comes through with the necessary grant funding to make Ellicott Station a reality.

Savarino, whose company was selected by the Batavia Development Corp. in the spring to revitalize the rundown, three-acre parcel in the city's Brownfield Opportunity Area, joined Julie Pacatte, BDC coordinator, and BDC Board members Ray Chaya and Mary Valle at Monday night's City Council meeting to update the governing body on the project's progress.

"We've been refining our plan, and after finding that one of the buildings on the site is unsafe, it will be demolished and is no longer part of our plans," said Savarino, who has spearheaded award-winning projects along Buffalo's waterfront.

However, he said, the main building on the Della Penna lot (phase 1 of the project) features "some unusual characteristics that will work well ... and will become the signature part of the development. Driving down Ellicott Street, you can't help but notice it."

Specifically, he said the Della Penna building that once was a transformer repair facility has room upstairs for a party area that looks out over the production floor.  He said he is "pleasantly surprised" that the building's shape, along with concrete beams and columns, will lend itself to a unique look and feel when completed.

Savarino said his company has been working with engineers and consultants in preparation of possible construction next spring. Plans are contingent on the awarding of an Empire State Development grant -- what Savarino called a "substantial contribution to close the gap" -- for the project, which is expected to cost around $17 million. He and Pacatte said they hope to hear from the ESD in December.

The developer also said that he has applied for new market tax credits to lessen the state's commitment to the project, noting that the fact that the site is in a highly distressed census tract and that Batavia is a rural community work in the project's favor.

He said the project likely will proceed in two phases.

"Della Penna is the first phase; Santy's is the second site," he said, adding that the building there also will come down. "That's the site that the city acquired through foreclosure after we were selected in the RFP process."

Savarino said the plan hasn't changed much from his original vision.

"We're still roughly consistent of what we originally proposed. We're using the existing building as a production brewery and restaurant. We've had some in-depth conversations with two established brewers, both of whom have a strong interest in the site -- I don't think that's an issue.

"We've talked to several commercial tenants for the space -- the two floors of commercial space that we have in both of the buildings. But the first phase would have 16 apartments and the second phase would have 16 apartments, for a total of 32. Commercial space on the first floor could be retail or it could just be commercial office. We've had an awful lot of interest from commercial office users and one bank in particular."

Samuel Savarino talks about the Ellicott Station project at Monday night's City Council meeting. Photo by Mike Pettinella.

Incumbent Republican Adam Tabelski recorded a resounding victory Tuesday night, outpolling his Democratic opponent Duane Preston in all six wards to hold onto his Councilman-At-Large seat on the Batavia City Council.

Tabelski, 37, a former mayor of the Village of Medina, tallied (unofficially) 2,660 votes to 1,979 for Preston, a Batavia businessman who currently serves as the chair of the city's Planning & Development Committee.

UPDATE (by Howard): The initial totals for this story came from canvassing conducted by the GOP. The county's election site reports totals of 2,776 for Tabelski and 2,006 for Preston.

The unofficial ward totals were as follows:

Ward 1 -- 564-447
Ward 2 -- 292-173
Ward 3 -- 613-478
Ward 4 -- 599-365
Ward 5 -- 226-174
Ward 6 -- 366-342

"I'm really excited -- excited and ready to keep working for the residents of this city," Tabelski said at Terry Hills Restaurant, the Republican Party's election-night headquarters. "I work hard throughout the year, and when the election comes around, the results will speak for themselves."

Tabelski has held the seat since January when former Council member John Deleo left to run (successfully) for a seat on the Genesee County Legislature.

An account manager for Wendel Engineering, he has many years of experience in the political arena, having served as a trustee and then mayor in Medina for five and a half years, and having worked for a state legislator for 12 years.

He said that winning every ward was a "great feeling," but it's not something to dwell upon.

"I'm more concerned about smart planning, and I believe the city is on the right track," he said. "And I want to be part of the process going forward."

Tabelski said he wants to keep taxes "as low as possible" but noted that residents want services, and it's "a balancing act" to weigh the services provided against the cost of such services.

Preston, a longtime Batavian, said he appreciated the chance to run for the position, and hopes his stance of no more tax increases hits a chord with City Council going forward.

"We gave it a try," Preston said at Dibble Family Center, host of the Democrats' election-night gathering.

"I think I shook it up a bit. We've had tax increases in nine out of the last 10 years -- all 10 if you county the trash (pickup). At least I hope it's in Council's head that we don't need to raise taxes every year, and that we can think outside of the box."

Adam Tabelski gives a brief "acceptance speech" at Terry Hills Restaurant after being informed of his win over Duane Preston in voting for the Batavia City Council Councilman-At-Large seat. Preston, left, and Michael Plitt, the new Genesee County Democratic Party chairperson, converse at the Dibble Family Center. Photos by Mike Pettinella.

On November 8 there is an important local election happening in Batavia. Batavia residents, don’t forget to vote for Adam Tabelski.

Adam Tabelski has brought professionalism and integrity to Council, not to mention the experience of having been a trustee and mayor. He has worked extensively in the public and private sector, and he values common sense decision-making. On the campaign trail, Adam has heard the message from City residents: they want roads and sidewalks repaired, they want safe and healthy neighborhoods, they want an active downtown core. Those are broad objectives he will keep fighting for on City Council.

Oh, and although not a “lifelong resident,” Adam Tabelski is a Batavian by choice… and that’s more important! Exercise your right to vote. Vote Adam Tabelski for City Council-At-Large on November 8!

Duane Preston and Adam Tabelski are running for the Councilman-at-Large seat on the Batavia City Council, a position that became open when former Council Member John Deleo left to run (successfully) for a seat on the Genesee County Legislature.

Preston, a longtime Batavian, is running on the Democrat and Conservative lines, while Tabelski, a former mayor of his native Medina who moved to the city a couple years ago, is running on the Republican, Independence and Reform ticket.

Tabelski has been serving as the Councilman-at-Large after his appointment in January, per city rules that the position had to be filled by a Republican.

Preston owns and manages about 70 apartments in the city and is chairman of the Batavia Planning & Development Committee. Tabelski is an account manager for Wendel Engineering.

Leading up to next Tuesday’s election, The Batavian posed four questions to the candidates (listed in alphabetical order).

What is the most important city issue you would like the next City Council to tackle? (Examples: vacant housing, business development, attracting residents back to the city/downtown, finances/spending, etc.)

Preston: The most important city issue to me is reducing city taxes. In  2006-2009, the city of Batavia residents took some very hefty tax increases in the amounts 12.6 percent, 20 percent, 9.7 percent and 4.2 perent change over the previous years. The city taxes that were levied on us got our city out of debt but never went away.

Those increased taxes are still built into our taxes today. At that time, the tax increases were greatly needed as we had a large debt. But times have changed; we have paid off a lot of old debt and are funding 12 reserve funds. We need to challenge old ways and stop taking the easy way out by raising taxes. We can still contribute to our reserve funds and reduce taxes. 

Tabelski: In the face of stagnant or reduced sales tax revenue, which is the largest single revenue source for the City, we must craft a responsible budget plan that makes critical investments in our personnel and infrastructure while generally living within our means in other areas.

Adopting a good budget is always Council's most important annual task.

What three additional issues would you like to see the next city council focus upon?

Preston: Downtown business development. Batavia could do a better job capturing foot traffic downtown. We have a Thruway that brings thousands of people to our doorstep daily, and we need to monopolize more on that fact. Even our very successful soccer program detours hundreds of people out to the town daily, six months out of the year.

The council needs to work together and develop a plan that brings people downtown and creates more foot traffic. There are many ways to bring people to our downtown, for example -- expanding the ice arena to a three-rink arena is an idea that would foster out of town tournament play. This would bring in additional tax dollars from restaurants, retail and hotel stays. Batavia is in a great location for Buffalo, Rochester and Syracuse tournaments. Get the foot traffic in the city! For every 1 percent in sales tax revenue generated, we can reduce our property taxes by 1.5 percent.

Mall/city center revitalization plan. Ultimately Council will need to figure out what the long-term plan for the mall will be. Is it a city support center or will it be used for retail? Either way, we need to turn this space from a liability to an asset. An expanded City Centre can harbor all support services for the city: Police Services, City Hall, Office for the Aging, Pathstone, Rural Opportunities and light medical use. Even partnering with GVEP (Genesee Valley Education Partnership) or GCC (Genesee Community College) to hold a few satellite classes in this facility for added foot traffic can only benefit downtown businesses.

Another consideration would be support for a mixed use retail plan. Whichever decision is made, it is imperative City Council cleans up the concourse issues with the mall association. Let’s put this behind us and move on to the future use of this facility. 

Volunteer group. I would have Council look at the possibility of a volunteer group to continue the efforts of the former Vibrant Batavia. We would need to set up Ward member groups to keep the open lines of communication going. There are many citizens in Batavia that would love to volunteer a few hours a month to hold informational neighborhood meetings and discuss hot topics that are plaguing our neighborhoods. Safety in our neighborhoods is paramount! 

Tabelski: A) Renewed sales tax sharing and water/wastewater agreements with the County. These agreements, which are interrelated, are set to expire after next year. They have established steady revenue streams that, if changed, could significantly impact the City's finances. I am confident we can sit down with our partners in local government to find a good solution for all.

B) Explore reducing operating expenses through energy efficiency measures. This is a way for the City to reduce our costs without eliminating a service or personnel.  First, we need to conduct a review to see where the best opportunities for energy efficiency may be. As just one example, conversion to LED street lighting could save substantially on our electric bill.

C) Reaching an accord to allow redevelopment at the Mall and support of other downtown economic development projects such as Ellicott Station. Unfortunately, the public doesn't see the work that Council and our legal team puts into the Mall because it involves real estate and litigation -- matters best discussed in executive session. But Council and City staff agree that finding and bringing new investment to the Mall is near the top of our priority list.

What do you believe is the best option when it comes to the city’s police headquarters?

Preston: Adaptive reuse of the City Centre is the best bang for our buck. The city is currently holding storefronts that combined with other parcels may possibly be the key to a police station reconstruction. Why would we want to spend $7-$10 million on a new site? Similar to the City Hall expansion on the mall, we can clean up a section of the mall and take care of our police station needs all at the same time and for less money than building new.

Tabelski: This is not a simple question but suffice it say that an 1850s Italianate residence -- despite its good location near the center of the City -- is ill-suited to be a 21st century police department headquarters. Our government is actively trying to address the situation by investigating a preferred site for a new facility that was identified by an ad hoc citizen task force. If this option does not pan out, we have other options to pursue, including renovations to the current facility. The public should understand that there real estate negotiations underway so the situation is fluid. No matter what, we will keep the long-term cost impact to taxpayers at the top of mind.

What three books published within the last 250 years have most influenced you?

Preston: The books that have influenced me the most are the ones that have made me who I am today -- "How to Win Friends and Influence People" by Dale Carnegie, "Rich Dad Poor Dad" by Robert Kiyosaki and "Building Real Estate Wealth in a Changing Market" by John Schaub.

Tabelski: "Walden" by Henry David Thoreau, "1776" by David McCullough, and "The Collected Poems" by Stanley Kunitz.

Extending a sales tax allocation agreement with Genesee County, a pact that is set to expire in February 2018, would be in the "best interest of the city and residents of the county," City Manager Jason Molino said to City Council at the governing body's Conference Meeting Monday night (Oct. 24).

Council is being asked -- via a resolution that will be considered at its next Business meeting on Nov. 14 -- to notify the county of its intent to extend the agreement without modification by Dec. 1, per terms of the contract.

The Genesee County Legislature, however, may not be so eager to continue the agreement as currently written, Molino said, and some legislators already have expressed a desire to delete this "notification clause" going forward.

"I would want to see that kept in as it serves a definite purpose -- what is your intent?" Molino said.

Molino gave a brief history of the sales tax allocation agreement, stating it originated in 1999 "in tandem" with the water treatment plant and water treatment facilities agreements and addresses the Genesee County public water supply system program, economic development and water demands in the county. 

The current terms of the sales tax agreement provide the city with 16 percent of the sales tax generated in Genesee County, with the towns and villages splitting 34 percent (based on assessed valuation) and the county receiving 50 percent. 

Molino said the city's 16-percent share is more than it would receive if the sales tax/water treatment contracts weren't in place.

He explained that the city pays the county a surcharge of 60 cents per 1,000 gallons of water used and in return the county leases the water treatment plant from the city and reimburses the city for operational costs.

Additionally, the city buys water from the county (at a discounted rate) and the county sells water outside of the city. The revenue from the sale of water goes to pay for the infrastructure needed to distribute water to the towns.

"It's a comprehensive rural approach where everybody is sharing the resources," Molino said.

Negotiations between city and county leaders are ongoing, Molino said, adding that if a "regional solution isn't obtained by July 1, 2017, that City Council may be requested to extend all three agreements for a one-year term, ending Feb. 8, 2019, to provide sufficient time to finalize and execute new agreements."

He said this would give the Office of the State Comptroller time to review, approve and process the amendment to the sales tax allocation agreement as required by state law.

Molino said that since all three agreements are "intertwined and dependent upon each other," any future accord must continue the existing relationship.

Council President Eugene Jankowski Jr. and Council Member Kathleen Briggs are representing the city in talks with the county. Jankowski said that County Legislator Marianne Clattenburg, whose district is in the City of Batavia, also is involved in the negotiations and is "protecting our interests."

In other action, Council moved to its Business meeting, resolutions to:

-- Accept a $1,500 state grant for a child safety seat program; a $3,394 grant from Genesee County STOP-DWI for road checks, saturation patrols and impaired driving crackdowns on eight specific dates starting on Halloween and ending on Labor Day 2017; and an $11,400 state grant to participate in the statewide Police Traffic Services Program. The goal of the program is to increase seat belt use and reduce dangerous driving behaviors.

-- Develop an Americans with Disabilities Act (ADA) transition plan. The document is a regulatory requirement, said Public Works Director Matt Worth, that identifies "noncompliance in pedestrian accessible routes and facilities in the cilty's right-of-way, and outlines a plan and schedule for corrective action."

-- Transfer $83,050 from the construction line to the right-of-way acquisition line for the Healthy Schools Corridor sidewalk project set for next year. Worth said this became necessary after it was discovered that there were three properties in which the new sidewalk would encroach on private lands requiring either a permanent easement or property taking.

City Council tonight (Oct. 11) unanimously passed a resolution supporting the redevelopment of Ellicott Station, a move that officials of the Batavia Development Corp. hope spurs Empire State Development to act favorably and quickly on the BDC's request for $2.4 million in grant funding for the project.

"We intend to send this resolution to the agencies (ESD and Finger Lakes Regional Economic Development Council) to show more support and solidarity," BDC Coordinator Julie Pacatte said.

Pacatte was referring to the collaboration among the City of Batavia, Genesee County, Batavia City School District and Genesee County Economic Development Center, which joined together to commit a percentage of payments in lieu of taxes (PILOTS) to a unique program known as Batavia Pathway to Prosperity.

BPP and anticipated capital grants from the ESD -- $1.9 million through the Consolidated Funding Application and another $500,000 from Restore NY -- have paved the way for Savarino Companies of Buffalo to commit to investing millions of dollars into turning the former Santy's Tire Sales and Soccio & Della Penna construction firm site on Ellicott Street into a vibrant entertainment/office/apartment complex.

The resolution is meant to "reiterate the importance of this $17 million investment in a highly distressed area of the city experiencing 32 percent poverty and nearly 7 percent unemployment," Pacatte said. "We urge New York State to enable us to implement the plan in which they sponsored."

The Ellicott Station project is listed as a Five-Year Pipeline Initiative by the FLREDC within its 2016 progress report and recommended priority projects, which focus on mixed-use development, poverty levels and leveraging private investment.

Pier Cipollone, a BDC board member and former City Councilman, said that "closing the gap" in funding by obtaining these grants must happen before Savarino Companies can put its plan into action.

"If we can get moving on this, then we can turn some of these other sites around," he said, noting that the BDC has identified four other areas in the city (City Centre Mall, United Memorial Medical Center/YMCA corridor, Creek Park behind Falleti Ice Arena and the Harvester Center) for redevelopment.

The four-page resolution traces the city's now seven-year effort to revitalize Batavia's Brownfield Opportunity Area. It emphasizes that both of these grants are "necessary to advance the Phase I component (envirnmental assessment, cleanup, engineering costs, etc.) of the Ellicott Station project and will be matched by substantial private equity investment and significant local resources through the BPP program."

City Manager Jason Molino said that Savarino Companies will be responsible for about 70 percent of the project's total cost.

Pacatte, in a memo to Molino, wrote that Ellicott Station will create arouind 145 temporary construction jobs in which Savarino has committed to hiring some local unemployed workers. When finished, she noted, the project should result in 160 permanent jobs earning $6 million annually, while generating $500,000 in downtown consumer retail demand and $335,000 in sales tax annually.

She added that total assessed value will increase thirtyfold, and that values of properties within a half mile will improve by 10 to 15 percent.

Pacatte said that Savarino Companies has lined up some tenants and prospects, and she expects an announcement to be made in the near future.  

In other developments, Council:

-- Received word from Molino that the city was one of 76 municipalities to receive an "Operation Keep Our Home" grant available through a settlement by the state's Attorney General. Municipalities with at least 5,000 people and a minimum of 100 vacant homes were eligible for the program.

Molino said the $66,500 award will be used to combat "zombie" and vacant properties along several fronts -- the use of foreclosure prevention counselors, hiring an MBA graduate assistant to collect data on vacant homes in the city, working with agencies such as Habitat for Humanity, marketing, purchase of computer and software to keep track of properties, and to revise city codes relating to neighborhoods.

-- Authorized eight transfers from the city's assigned fund balance to the following dedicated reserve funds for future purchases, renovations, repairs and obligations -- police capital equipment, fire capital equipment, public works capital equipment, Dwyer Stadium, public facilities capital, capital sidewalk reconstruction, administrative services equipment and software, and employee benefit accrued liability.

-- Approved an agreement with Wells Fargo that allows the city to hire a contractor to demolish the single-family residence at 23 Columbia Ave., which has been vacant for quite some time and has numerous code violations, and then receive reimbursement from Wells Fargo for all costs associatied with the demolition (estimated to be around $25,000). 

"Preferably we would like them (banks) to demolish these types of homes rather than us, but in this instance this may be quicker," Molino said.

Molino said the condemed property on Columbia Avenue is "outside the ordinary" and this method could be used again to put pressure on lending institutions to meet their responsibilities.

-- Extended a contract with Environmental Solutions (U.S.) Ltd. to continue its removal of alum sludge from the Wastewater Treatment Plant off Pearl Street, action that adds $400,000 to the cost but still keeps the project under the original budgeted amount of $2.1 million.

-- Approved, by a 7-1 count, with Rose Mary Christian dissenting, a resolution to submit a request for a NYS Department of Transportation grant to construct sidewalks, high-visibility crosswalks and handicapped ramps in the areas of UMMC, downtown, Batavia school properties, NYS School for the Blind and Austin, Centennial and MacArthur parks. Council agreed to pay 25 percent (5 percent more than required) of the cost to better its chances of receiving funding.

Christian said she voted against it because the proposal did not include funding for any sidewalks in her Sixth Ward.

-- Voted in favor of a lease agreement with Dent Neurologic Institute at 35-39 City Centre for 1,122 square feet of space at $16.50 per square foot -- or $1,851.30 per month -- for a year, with two six-month renewal options.

Molino said the lease agreement would act as a "placeholder until we have an idea of bigger development of the mall."

Dent is using about a fourth of the total space at 35-39 City Centre, which recently was foreclosed upon by the city due to delinquent property taxes. Molino said Dent's lease payments will cover all of the city's costs related to taxes, insurances and maintenance of the property.

Despite a Certified Public Accountant's report that painted an increasingly bright picture of the City of Batavia's finances, which include more than $8 million in assigned and unassigned fund balances, three City Council members on Tuesday night voted against a salary increase for Manager Jason Molino.

Yes, Molino did receive a 2.75-percent raise, lifting his annual pay to $93,782, but it was by a 6-3 tally with Alfred McGinnis, Kathleen Briggs and Paul Viele casting "no" votes.

John Canale, Adam Tabelski, Brooks Hawley, Patti Pacino, Rose Mary Christian and Council President Eugene Jankowski voted in favor of the raise, with the usually tight-fisted Christian offering a glowing endorsement of Molino prior to the vote.

"I have seen three managers come and go," Christian said. "The first one gave us a stadium that he said wouldn't cost us anything and it cost us millions. The second manager gave up our water, and the third manager gave us this building (City Centre) which cost us millions again.

"Jason came in 10 years ago and the city was in debt. He was the first one who decided not to have a raise one year. He is the person who applied for the grants, and we received millions of dollars in grants. We have two pump stations, a new fire truck, new cars in the police department, newer equipment ... all because of Jason. He's the one that got us out of debt. And we have new streets, sidewalks ... reserve funds in different departments, and we never had this before."

Briggs and Viele had previously voted against the 2016-17 budget, which included an appropriation for Molino's raise, but McGinnis switched gears last night after going on record as being in favor of management raises.

McGinnis said he's not against raises for department heads, based on performance, but would like to use Video Lottery Terminal funds (money from Batavia Downs Gaming that is not in the city budget) for this purpose.

"I know we can't do it this year, but I propose in the coming budget year to look at pay raises for management the same way corporations do it, performance-based, with the money coming out of VLT funds," McGinnis said. "This saves the taxpayer money and still takes care of management. We should step into that corporate world and use the VLT money."

Asked after the meeting why he didn't vote for a pay raise for the manager, McGinnis took out a slip of paper from his pocket showing that the mayor of Buffalo earns $104,000 for a city of 261,000.

"Jason already makes close to that," he said.

Earlier, Laura Landers, CPA and partner with Freed Maxick, reported that the city showed a surplus of $1.3 million for the 2015-16 fiscal year, which increased its restricted/committee/assigned fund balance to $6.6 million to go along with an unassigned fund balance of $1.8 million.

The general budget fund balances include $770,000 (insurance), $3.4 million (capital projects), $700,000 (employee benefit accrued liability), $433,000 (retirement contributions), $145,000 (Dwyer Stadium), $152,000 (Vibrant Batavia and the city's Comprehensive Plan) and $1.2 million (funding of reserves proposed by Molino for 2016-17).

Landers said that Batavia has the "reserves and financial means to address what is in its (Comprehensive) plan" and has seen its expenditures come in under budget consistently since 2007.

Council agreed to move to next month's Business meeting a draft recommendation by Molino to allocate $1.2 million to the following general fund reserve funds -- police equipment reserve ($50,000), fire equipment reserve ($150,000), DPW equipment reserve ($200,000), Dwyer Stadium repair reserve ($125,000), facilities reserve ($400,000), sidewalk reserve ($150,000), administrative services equipment and software reserve ($50,000) and employee benefits accrued liability reserve ($75,000).

In other action, Council voted unanimously to pass four resolutions:

-- A local law to amend the Downtown Batavia Business Improvement District (BID) plan, which addresses the organization's excessive district assessment charges in its 2016-17 budget and a need to adhere to Open Meetings and Freedom of Information laws. 

The city has been holding on to $49,571 in BID assessment money that exceeded the authorized amount allowed for operations and debt service payments under the General Municipal Law, a move that was questioned by Jankowski.

"Why are we holding that money?" Jankowski asked, noting that the BID already has $202,865 in a reserve account of its own. "Why not give them all the money, so that it can be kept in one place?"

Molino countered by saying that "technically the money shouldn't have been levied in the first place."

"If we turn it over (to the BID), we may not be able to ever get it back," he said. "There is no need to use it until the district plan is in place."

--  An application for a Community Development Block Grant to rehabilitate homes owned by those with low- to low-moderate incomes who occupy the home.

-- An application for a Restore NY grant program that provides up to $50 million for redevelopment projects in urban areas. The city is hoping to receive funds to advance the Ellicott Station redevelopment project led by Buffalonian Samuel Savarino.

-- A decision to declare five DPW vehicles as surplus, with any revenue received from their disposal to be placed into the respective departments' equipment reserve funds.

City Council is expected to vote tonight on a local law to amend the Downtown Batavia Business Improvement District (BID) plan, a proposed action supported by a six-page report from City Manager Jason Molino and coming on the heels of last week's resignation of BID Executive Director Laurie Oltramari.

The Business session of tonight's City Council meeting at the Council Board Room at City Hall gets under way at 7 p.m. and will be followed by a Conference session.

The city and the BID have been at odds since May when Molino reported that the BID's 2016-17 assessment budget exceeded the General Municipal Law limits for district assessment charges used for operations. Molino also recommended requiring the BID to adhere to Open Meetings and Freedom of Information laws, and to post its bylaws and meeting notices and minutes on its website.

According to Molino's report, the BID -- which includes business property owners located in the downtown section as well as on Ellicott Street -- assessed a levy of $120,000 for 2016-17, an amount that exceeds the authorized amount allowed for operations and debt service payments under the General Municipal Law. As a result, the BID assessment that was levied May 1, 2016 was an additional $49,571 in confilict with the GML and the district plan with no authorized use of additional funds.

The city has made several budget amendments to correct the situation, including holding the additional levy of $49,571 in a trust account until the BID plan could be updated and approved by City Council to include a capital infrastructure project. Molino's report also calls for the BID's Management Association to forward its proposed budget to the City Manager no later than Jan. 15 of each year, subject to review by City Council.

Emails and calls to Oltramari for comment regarding her resignation have yet to be returned. BID President Victor Gautieri confirmed the resignation and said the board would meet in the coming week to decide what to do next. 

Also on tonight's Business agenda:

-- Resolutions to submit applications for a Community Development Block Grant to rehabilitate homes owned by those with low- to low-moderate incomes who occupy the home and a Restore NY grant program that provides up to $50 million for redevelopment projects in urban areas;

-- A resolution to authorize a 2.75-percent hike in Molino's salary, which would increase his annual pay to $93,782.

The City of Batavia has an excellent chance to receive a trio of grants that deal with "zombie" properties, low- to low-moderate income housing rehabilitation and mixed-use redevelopment, City Manager Jason Molino said Monday night.

He outlined the three opportunities to City Council, which, in turn, is expected to allow his office to pursue the grants.

The grant programs are as follows:

-- A $13 million grant program with funds generated through a settlement by the state's Attorney General that is open to municipalities with at least 5,000 people and a minimum of 100 vacant homes.

Batavia was not on the original list, Molino said, but was added after the city manager reached out to program administrators. He said monies received will go to compile database informaton and to develop strategies to combat the problem of vacant homes.

-- A Community Development Block Grant to rehabilitate homes owned by those with low- to low-moderate incomes who occupy the home. Molino said grants are limited to $24,500 per house.

"We received $450,000 in 2011 and another $400,000 in 2014 through this program and have applied that money to more than 35 homes," Molino said. "Currently, we have another 30 to 40 in the queue."

Council is expected to act on this on Sept. 12 and set a public hearing for Sept. 19.

-- A Restore NY grant program that is providing up to $50 million for redevelopment projects in urban areas.

Molino said Batavia will seek $500,000 to be used at Ellicott Station, site of the former Santy's Tire Shop and Soccio & Della Penna construction on Ellicott Street that has been targeted for mixed-use redevelopment by Buffalo developer Samuel Savarino.

"(Ellicott Station) is a picture perfect property for this project. It is turn-key, and has all the right elements," Molino said, adding that the city has a "high probability" of getting funded.

As is the case with the CDBG grant, Council has been requested to consider this application on Sept. 12.

In other action, Council:

-- Approved a resolution to accept a supplemental agreement, called Marchiselli funding, that would reimburse the city for the cost of the design aspects of the Summit Street Reconstruction Project. This offers a 15 percent funding grant to the project through New York State, in addition to the 80 percent funding already approved through the Federal Highway program, Molino said. 

-- Approved a resolution permitting the city firefighters' union to open a one-year window for entrance into a more lucrative state retirement benefit plan. Molino said the one-time past service cost will be $27,441 and the estimated annual cost for this fiscal year will be $5,485.

-- Moved to the Sept. 12 Business meeting a request from Public Works Director Matthew Worth to trade or auction off five utility vehicles, with an estimated total value of at least $9,500. The vehicles, and their estimated value, are: a 1998 John Deere Gator 6x4 utility vehicle ($2,000 in trade toward a replacement utility vehicle); 1996 Ford LS9000 dump truck and accessories (auction value $3,000); 1997 Dodge Ram van (auction value less than $500); 1993 Jacobsen HR-15 flail mower (auction value $1,000); and a 1996 Elgin Pelican P series street sweeper (auction value $3,000 to $15,000).

-- Tabled Local Law No. 3, which would amend the Business Improvement District Plan in order for both the City and the BID to continue talks to settle disagreements over the BID's budget management and compliance with General Municipal Law. Molino said he expects to report back to Council with a definitive strategy at the Sept. 12 meeting.

The Batavia City Council is scrambling to explore other options after receiving word that the owner of a five-acre parcel of land at 35 Swan St., which has been identified as the most viable site for a new City of Batavia Police headquarters, may not be willing to sell it.

In a memo to City Council presented at the board's meeting tonight, City Manager Jason Molino reported that Mancuso Business Development Group, with offices at 56 Harvester Ave., is "continuing to explore and evaluate a variety of scenarios in an effort to devise a redevelopment plan for the entire Harvester Campus," including the Swan Street location.

"We'll just have to work through it," Molino said following the Conference portion of the meeting that began with a short Business session.

"We've been talking about it (land acquisition requirements and procedures) for the past few months, and I understand their position," he continued. "It's not that we've been told that we can't build it because they don't want it there. If they're looking at redevelopment (which would generate tax revenue), that is a great reason not to build it there."

Just six months ago, Council went with a recommendation by the Police Facility Task Force that it commissioned to focus on 35 Swan St. as the place to build an approximately 18,000-square-foot structure that would cost upwards of $10 million. However, City Council President Eugene Jankowski Jr. did say at that time, "If the site doesn't pan out, we will move in a different direction."

And now, that seems to be the case.

Molino outlined three alternatives -- (1) wait six months to a year for the property owner to complete its redevelopment review, after which the owner may be interested in subdividing the land; (2) consider the possibility of eminent domain or condemnation, which allows a municipality to take private property for a public use, understanding that the eminent domain process entails public hearings and could lead to legal wrangling, and (3) take another look at alternate locations -- sites that were part of a lengthy study by the Task Force.

He then added a fourth option: "Or you could do nothing."

The current situation certainly was not welcome news to Council members.

"I'm upset about the development over there (on Swan Street)," said Rose Mary Christian (Sixth Ward), who represents residents in the area that includes Swan Street. "Eminent domain could cost us a fortune. It's mind-boggling that we went through all of this, and a couple of people say they don't know if they want to sell it."

She changed her tune toward the property's owners after Jankowski said the Task Force did its study without taking into account the availability of the various parcels, but added that "I'm still (peeved) about the whole thing."

Molino advised Council to include police department and city manager's office staff in any additional study, and also to "engage architects and engineers" -- bringing up the possibility of a budget amendment to appropriate funding for another review before the next City Council meeting on Sept. 12.

Jankowski suggested reenlisting the Task Force so that "they don't think their work was for nothing" and to include the public as much as possible in the process.

"Citizens should be involved," Jankowski said. "It's their money that will be paying for this."

Batavia City Council took less than 30 minutes Monday night to decide to pursue a state Community Development Block Grant for $50,000 -- and commit another $50,000 in matching city funds -- for a Citywide Stormwater Capital Improvement Plan study, and to approve 10-year cable television franchise agreements with Community Cable Corp. and Empire Video Services Corp., and appoint numerous city residents to a trio of committees.

City Manager Jason Molino said his proposal to Council regarding the CDBG deals with a project that "best aligns" with the city's strategic plan, and follows up on the city's commitment to investiing in its infrastructure, which has resulted in a state-recognized water and sewer capital plan.

"The grant will help us to study the flood plain, which has about 1,400 properties, in an effort to prevent future flooding, and it also will take into account the 'Big Ditch' -- the massive stormwater culvert that runs from Walden Estates on Bank Street to Ken Barrett's (auto dealership, and out to the Tonawanda Creek)," Molino said. "The mapping of it and determining the status of it will be incorporated into part (of the study)."

Molino said the city has previously capitalized on CDBG money in the form of housing rehabilitation, microenterprise (small business) grants and infrastructure funding. He said planning -- in this case, preliminary engineering reports -- is a fourth component of the program administered by the NYS Office of Community Renewal.

He estimated the entire stormwater study would cost about $100,000, which is why he urged Council to include a $50,000 match -- an amount well above the required 5 percent local match. Molino said he believes the increased city contribution would enhance Batavia's chances of getting the grant.

Council voted unanimously to schedule a public hearing for July 20, as required by law, and also to submit an application for the grant by the July 29 deadline. In order for the city to be eligible to apply for the grant, it has to show that at least 51 percent of the persons who would benefit from implemention of the plan are low- to moderate-income persons.

"Because this is a citywide project that impacts all residents, we would be able to use all the census tracts (thus meeting the criteria)," Molino noted.

He said notification of the grant would come around December.

In other action, Council:

-- Approved cable television franchise contracts with North Penn Video and Empire Video Services of Prattsburg, which in reality is one company with two DBAs (Doing Business As). The resolution stated that the city believes the company has the "financial, legal and technical ability to provide these services" and "can reasonably meet the future cable-related community needs and interests."

As a result of this action, Empire Video Services now will be competing with Time Warner Cable, another city franchisee, for residents' cable TV business.

-- Appointed the following to city committees/boards -- Youth Board, Page Wasilewski, Councilperson Brooks Hawley; Audit Advisory Board: Marc Staley, Nicholas Harris, David Leone and Councilpersons Adam Tabelski and Paul Viele; Deer Management Committee: Kenneth Alfes, Gus Galliford, Mike Freeman, Dann Neale, Joe Rowbottom, Al Hemer, Ryan Whitcombe and Councilperson Paul Viele.

-- Moved to the Aug. 8 Business meeting a proposal to accept a supplemental agreement, called Marchiselli funding, that would reimburse the city for the cost of the design aspects of the Summit Street Reconstruction Project.

This is a program that offers a 15 percent funding grant to the project through New York State, in addition to the 80 percent funding already approved through the Federal Highway program, Molino said. Public Works Director Matthew Worth said he expects "double digit" numbers of supplemental agreements as the project progresses.

-- Moved to the Aug. 8 Business meeting a request by the city firefighters' union to open a one-year window for entrance into a more lucrative state retirement benefit plan. Molino said the one-time past service cost will be $27,441 and the estimated annual cost for this fiscal year will be $5,485.

Over the objections of three Batavia City Council members, a dozen city hall management employees will get a pay raise on April 1.

The objections came in the form of “no” votes on the 2016-2017 city budget and a separate resolution authorizing the 2.75-percent pay increase.

Voting against the budget and the pay raise for the managers, not covered by a union contract, were council members: Paul Viele, Ward 1; Kathy Briggs, Ward 5, and Rose Mary Christian, Ward 6.

Ward 4 Councilman Al McGinnis was absent from the meeting.

“I just couldn’t support the pay raise right now,” Viele said, “not that they don’t deserve it, but taxpayers deserve a raise, too. We’ll see what happens next year.”

Another resolution to increase the hourly rate of part-time and seasonal employees from $9 per hour to $9.31 was passed with Viele, Briggs and Christian voting no. Christian and Viele also voted no to a 3-percent increase in water rates.

The $16.3-million budget called for a tax levy of $5.1 million, which translate into a tax rate increase of .8 percent. The budget becomes effective on April 1.

Newly appointed City Council Member Adam Tabliski said a vote Monday night to change council leadership was something no other council member warned him was coming, and even Eugene Jankowski, who replaced Brooks Hawley as council president on a 5-4 vote, said he wasn't sure he would even be nominated for the position until it happened.

Jankowski said he doesn't believe the unexpected move signals a power shift toward a new council coalition with its own agenda.

Four of the five votes for Jankowski -- Jankowski, with new council members Paul Viele and Al McGinnis, and incumbent Kathy Briggs -- came from members observers have said want to replace Jason Molino as city manager.

Rose Mary Christian also supported Jankowski for council president.

After the meeting, Jankowski, Viele and McGinnis all denied they were part of any such movement and said they support Molino continuing as the city's top administrator.

"I can only speak for myself and I don't feel that way," Jankowski said. "I don't see that as an issue. I plan to carry on with the regular weekly meetings just like Councilman Hawley did and disseminate that information to council like it was done in the past and keep things public."

Ask if he anticipated a movement to change city managers, Viele said he didn't see that happening.

McGinnis said, "Not from me, there won't be." 

Viele said his priorities are the mall issue, the deer issue and what to do with the police department.

McGinnis put the police issue at the top of his agenda, followed by the mall.

"I'm pro having a police department," McGinnis said. "I want to have a police department."

As one of the task force members who recommended the Swan Street location for the new police headquarters, he said he still favors constructing a new facility on that vacant lot.

Tabelski, selected by the City GOP to replace John Deleo, who was elected to the County Legislature, was confirmed as the new appointed by the City Council in a unanimous vote at the start of Monday's meeting. 

There are a number of big issues facing the city, Tabelski noted.  The council must dive right into a new budget; there's the law enforcement issue, the mall, the comprehensive plan and brownfield redevelopment.

"I'm eager to be part of the discussion," Tabelski said.

Given the sudden change in leadership, and despite the denials from other council members, Tabelski acknowledged some concern that there might be an effort among some on the council to change city managers.

"I have a concern that that might be a direction some would want to go in. That's not my direction," said Tabelski, whose experience includes a term as mayor in Medina. "I have a lot of confidence in the current manager and the very professional team he has assembled."

It would take five votes to replace the city manager.

Tabelski, like other council members, said he does believe that the 5-4 vote does not signal a potential inability for council members to work together. Jankowski said the council has a history of not always agreeing on their votes, but continuing to work together in a congenial manner.

"This is not a split on the council," Jankowski said. "There are new people on the council and they want to take it in a different direction and I think we're all going to work together, so I don't think it's a problem either way."

The City Council: Brooks Hawley, front row, left, Eugene Jankowski, Paul Viele; Kathy Briggs, back left, Patti Pacino, Al McGinnis, John Canale, Adam Tabelski and Rose Mary Christian.

Incumbent John Canale retained his Ward 3 City Council Seat and challenger Al McGinnis captured the Ward 4 seat after the last of the absentee ballots were tallied today.

Polling place and absentee ballots gave Canale a total of 123 votes ot 103 for Richard Richmond, and McGinnis had 180 votes compared to 143 for incumbent Pier Cipollone.

A group of Hutchins Street residents raised the issue of increased criminal activity in their neighborhood during a City Council meeting Monday.

Ken Darch, a resident on Hutchins Street who represented the group, expressed his concern for the continuous fighting and drug activity in his neighborhood.

Darch told of a fight involving 15 to 20 people that broke out Friday night and started up again Saturday morning. 

“There is constant drug activity of all kinds," Darch said. "There are cars going up and down the streets and transactions going on constantly,” Darch said. “Hutchins Street has also become a sanctuary for sexual offenders.”

Darch stated the two major problems that need to be addressed are the unaccountable landlords and the lack of law enforcement. Darch said the city needs to take action and hold offenders responsible for the crimes they commit.

Sixth Ward Councilwoman Rose Mary Christian agreed with Darch about the increasing amount of criminal activity not just in his neighborhood but in all areas of the city.

“We used to have minor problems," Christian said. “Right now we have major problems. There is no respect for police officers and a lot of drugs out there."

Christian said she believes the resolution to the problem involves increasing police patrols and neighbors following through with signing a complaint if they witness a crime being committed.

Second Ward Councilwoman Patti Pacino and Fifth Ward Councilwoman Kathy Briggs want to hold a meeting with residents to address neighborhood crime.

“We have a lot of problems and we need to take action,” Briggs said. “I’m willing to meet with all of our wards to do something.”

Councilman John Deleo stressed the need to invest in street cameras. According to Deleo, the camera placed on State Street has significantly reduced crime in the area.

Other business at Monday's City Council meeting included approving a pay raise for the city manager and a presentation by the Batavia Development Corporation.

The council voted 6 to 3 in favor of giving City Manager Jason Molino a 2-percent wage increase. Molino’s annual salary will be $91,272.

The Batavia Development Corporation is requesting proposals from individuals or organizations that would like to invest in the former Della Penna and Santy’s properties. Julie Pacatte, economic development coordinator, hopes to attract private investors with tax incentives to clean up the rundown properties. According to Pacatte, investors can received up to 50 percent of cleanup costs with tax credits through the Brownfield Cleanup Program. The deadline for proposals is Aug. 12.

It took the City Council 20 minutes to debate whether the city should reimburse the Business Improvement District $1,900 for flowers.

In the end, the resolution passed 5-4, but not before some sharp words where shared in the council chambers.

Councilwoman Rose Mary Christian looked around the room during the debate and wondered why Don Burkel, BID director wasn't there, "so we could rip his ass."

The request for the reimbursement didn't quite come from Burkel, however, it came from Councilman John Canale, who invited Burkel to submit a request for reimbursement. Canale saw it as a symbolic gesture to show common cause between the City Council and the business community. 

Councilwoman Kathy Briggs said the city already does enough for Downtown. The sidewalks are clean, the medians are beautiful and city crews hang the flower baskets.

"The fact is, we just saw this for the last time in our last packet and I'm like, 'oh, what's this,' " Briggs said. "The fact that a few council people were talking about it beforehand, planning it, then why didn't we know about it in a committee report? Why weren't we told about it. I got it in my packet and I'm like, 'what's this?' They didn't come to us at budget time. If you want this done, come to us and let's talk about it, but for me to find it in my packet and then decide it, no."

Councilman John Deleo also opposed the idea.

“I promised voters I would be financially responsible with their money,” Deleo said, “but flowers don’t rise to that level.” 

“It’s not just about making Downtown pretty,” countered Councilwoman Patty Pacino, “it is about making Downtown attractive to new and existing businesses.”

The BID fronted about $3,900 for the hanging baskets.

"I supported Vibrant Batavia because I wanted to bring pride back to the city," said Councilman Pier Cipollone, who spoke at length about the need to restore pride in Batavia. "If more people have pride they'll have a better feeling about being Downtown."

Also Monday: 

The city spent a total of $10,700 during the last fiscal year defending itself against a lawsuit filed by the City Centre Mall Association.

The figure was obtained by resident John Roach through a Freedom of Information Request. Roach complained that the bills he obtained were not “itemized.”

City Manager Jason Molino countered that Roach only requested a total amount for mall litigation and if an itemized accounting was requested, it could be provided.

The legal services summarized in the 2012-2013 fiscal year were incurred before the city filed a countersuit against the Mall Association earlier this year.

A request by newly elected City Councilman Eugene Jankowski to amend council rules clarifying how and when council members can contact city staff received little support from the rest of the council Monday night.

And when City Manager Jason Molino said the current rules already allow a council member to do what Jankowski was asking, Jankowski said he was satisfied with Molino putting that on record and let the matter drop.

"I guess I'm happy with it," Jankowski said. "If the rules already say that, then I guess there was some misunderstanding because I was told that when I e-mailed department heads and requested a meeting, instead of being provided a date and a time, I was told I must go through your office."

Jankowski's position is that just because he's been elected to council, he shouldn't lose the right of any citizen of the city to go to a member of city staff, particularly department heads, and ask questions.

What Jankowski said he doesn't want to see happen is give council members the leeway to give orders to city staff or intefer with the conduct of their jobs or get involved in union issues, but he does believe council members have the right and obligation to gather information.

Molino said the rules are in place to ensure proper supervision of employees.

"There's one person responsible for their work, and that's me," Molino said. "That's what you hold me accountable to."

Jankowski is a former lieutenant in Batavia PD, served a time as interim chief and was forced to retire when Molino and Chief Shawn Heubusch decided to restructure the department last year and eliminate all lieutenant positions.

The former cop and city manager have a long history of being at odds with each other and Jankowski wasn't happy about being forced out of his job.

Jankowski received the most votes in November's council member at large election.

He said he did go through Molino to schedule a meeting with Heubusch to discuss, among other things, the proposed "neighborhood sweep" proposal. Jankowski, who initially proposed the idea, said he came away from the meeting believing it's a good idea, though perhaps inappropriately named.

"There may be complaints we should look into, maybe complaints of a sensitive nature, maybe it's a complaint about him," Jankowski said. "If we ran right to him and told him or had to go through him it might cause some sort of problems. It might not be appropriate."

Only Councilwoman Rose Mary Christian spoke up in favor of Jankowski's proposal, but she also said she's never had an issue going to any department head and asking questions. She just does it and nobody has ever told her to stop, she said.

"If you have a question you should be able to talk to any department head," Christian said. "We represent the people of Batavia. We don't represent Jason. Sorry Jason."

Molino said there's never been an issue with council members going to department heads and asking questions.

"There's nothing in the rules that prohibits you from contacting department heads and asking questions," Molino said. "When you ask questions, sure I find out about it, but I usually follow up with, 'did you get your answer, can I do anything more?' "

Christian said that's exactly what happens.