city council

There was praise all around in Batavia City Council chambers Monday night as five council members commemorated their final meeting and their colleagues thanked them for their service.

Leaving are Frank Ferrando and Marianne Clattenburg, who were elected to the Genesee County Legislature, and Sam Barone, Bill Cox and Bob Bialkowski.

"The majority of this body is leaving and the majority of the body will be new and most of them are here (tonight)," Bialkowski said. "I can only wish them well. I commend them for their interest and dedication to serving the community."

Nearly every council member spoke about how tough it was to serve on the council a few years ago -- Ferrando said it wasn't fun to come to meetings -- but how much has changed in the past couple of years.

"Whenever we've left a meeting, we always left respecting every one's opinions and we will always be friends," said Rose Mary Christian. "I want to thank you all for serving our city."

Ferrando said the council has done some good work over the past few years that all members can take pride in.

"I think one of the good  things that happened is what we’re sitting in right here," Ferrando said. "What happened with this building is that it transformed our Main Street. I think that’s a very positive thing. It’s going to be more obvious as the years go on."

Photo: Front, from left, Frank Ferrando and Marianne Clattenburg; back, Sam Barone, Bill Cox and Bob Bialkowski.

Announcement from the City of Batavia Republican Committee:

The City of Batavia Republican Committee is accepting applications from city residents interested in filling one of the two city council at-large positions that will be opening up at the beginning of the year.

Letters of interest and resumes can be dropped off or mailed to the attention of Joe Gerace at 16 Vine St., Batavia. Letters of interest are due by Monday, Nov. 28.

The City of Batavia Charter requires these positions to be filled by individuals currently registered with the Republican Party, as this was the party of the two outgoing at-large city council members.

This information is provided by Geoff Redick of WBTA.

After absentee ballots have been counted, Democrat Pierluigi Cippolone has officially won the election for Batavia City Council Ward 4.

Cippolone wins the election over Republican incumbent Bob Bialkowski, by a final count of 233 votes to 217.

Bialkowski had won the balloted election by just two votes last week. But more than 50 absentee ballots had remained uncounted. Officials counted those ballots, and the final results were announced this morning.

All official results will be posted as they become available from the Genesee County Board of Elections.

We've asked each of the candidates in the city council and county legislature races to answer a couple of questions regarding why they're running and what they hope to accomplish if elected. Election Day is Tuesday.

Here's the response from Kris Doeringer, 1st Ward, Batavia City Council:

The key issue for Batavia is to make our city a place where people will want to live and work. This means keeping our city safe and secure, provide the services that people want, and to bring jobs and services into the city. While this is a big task, you can only get there by taking one step at a time.

The first step we need to take is to control spending and keeping our taxes down. From speaking with people in the 1st Ward, people do not mind paying taxes as long as they are getting their money's worth for those taxes.

We need to keep those services that are essential to keep the city safe and secure. Because who wants to live somewhere that is not safe?

We need to make Batavia a place where people want to open businesses and provide jobs. Creating economic development is essential to getting our city to move forward. We have resources in place, now we must make sure that they are doing the job.

In order to achieve these goals, I will work to keep pressure on the people that are responsible for making it happen. I will bring suggestions not only from myself but from the people of Batavia. People I have spoken with have had great ideas that need to be brought before the city. I would like to continue hearing from everyone about any ideas they make have.

I own my own home, business, and I am raising my family here in Batavia. I have everything to gain for myself and my children by making Batavia a better place. By voting for me, I promise to work hard to fulfill my promises to you and to my family for making Batavia the best it can be.

We've asked each of the candidates in the city and county legislature races to answer a couple of questions regarding why they're running and what they hope to accomplish if elected. Election Day is Tuesday.

First to respond, John Canale, candidate for the 3rd Ward, city council.

The primary reason I am running for city council is in response to the advice of my late father "Lou," who himself was a former city councilman and county legislator. He often reminded me that if I am to live, work, raise a family, and run a business in one community, there will come a time that I must give something back to that community that so generously supported me.  After living my entire 51 years in this great city, now is the time, and I can think of no better way to serve my community than as a city councilman.

I would like to offer the residents of the 3rd Ward an equal voice on city council, allowing their views and concerns to be heard, considered, and represented without bias regarding all city matters. The primary reason voters should support me is because I have the business "know how" it takes to run the city. As a local small business owner of Canale's Drum Studio, and having been involved in the local business community for the past 28 years in this great city, I feel the business background and knowledge that I bring to council is extremely advantageous to running a municipality.

One of the key issues I would like to focus on during my term is concentrating on the existing process of increasing revenues as we continue to look for ways to consolidate duplicate services in order to cut costs. These two facets are crucial to maintaining current services without impacting dramatic tax increases that the taxpayers can no longer shoulder.

I look forward to working with Julie Pacatte, our new economic development coordinator, to find ways to encourage more small business development and expansion in the city. Small business development will be crucial to building new revenue sources through expanding the tax base and increasing traffic and activity within the city.

At Monday's Batavia City Council meeting, council members Bill Cox and Bob Bialkowski welcomed recently appointed Economic Development Coordinator Julie Pacatte to her new job by presenting her with a "Treasures of Batavia" picture collection. It was purchased from St. James Episcopal Church, which is selling collections of pictures to raise money to help restore the church's bell tower. Cox said he saw the pictures and thought they would be a nice way to welcome Pacatte to her new position.

Dan Jones, a regular contributor to The Batavian, announced Wednesday he will mount a primary challenge against a council candidate already endorsed by city Democrats.

While accusing unnamed Democrats, who are apparently opposed to his candidacy, of already fighting dirty, Jones promised an issue-oriented campaign.

"I believe in order for the city to move forward, council must support policies that are progressive, fiscally restrained and totally transparent," Jones said.

While Jones is endorsed by the Conservative Party, he is taking on Kathryn Balbick Bellamy, endorsed by the Democrats, in a Third Ward primary.

Jones was joined in front of Batavia City Hall on Wednesday by Assemblyman Mark J.F. Schroeder and Councilwoman Rose Mary Christian.

"Dan Jones loves this business," said Schroeder, whom Jones worked for as an intern in Albany. "He loves the business of governance. He loves to help constituents. He loves politics."

A recent graduate of Canisius College, where he majored in political science, Jones was born and raised in Batavia and professes a love for the community and concern about its future.

Besides joining in the conversation on The Batavian -- something he promises to continue doing, even after elected -- Jones has been seen at many city council meetings over the past three years and has spoken out on issues from the ambulance service to consolidation.

Jones, 23, says he is self-employed.

Christian, also a Democrat, said she is supporting Jones because he is involved and outspoken.

"He's not afraid to speak out," Christian said. "Even some of my colleagues are fence sitters who won't take a stand unless somebody tells them where to go. That's not me and that's not this young man."

Jones said he is seeking office with high ideals and an ambition to do what he believes is best for Batavia.

"I seek this office not so it becomes another notch on my resume," Jones said, "I seek this office not because I believe I have a popular last name or because I feel I am entitled to it. I seek this office not for revenge. I seek this office because I believe that Batavia needs to be a leader in our region, and indeed the entire state, in having good government that's responsive to the needs of all of its citizens."

Below, video of the event produced by The Batavian's news partner, WBTA:

Press release:

Batavia, NY: I will announce my intentions tomorrow regarding the open seat in the Third Ward left by the retirement of Sam Barone, who did an outstanding job representing that ward on city council. I will be announcing that I am entering a Democratic primary and that I have been endorsed by the Conservative Party.  The announcement will be tomorrow, June 29th at 6 p.m. outside of Batavia City Hall. I will be joined by Democratic Councilwomen Rose Mary Christian and Kathy Briggs, whom are supporting my campaign. Any and all are invited to attend.

Dan has sent along word that Assemblyman Mark J.F. Schroeder, his former boss and a candidate for comptroller in Erie County, will be joining the press conference.

City Republicans have candidates they're backing in three wards and are looking for candidates for the other three wards.

Last night, the local GOP picked newcomer Kristopher Doeringer in Ward 1 and incumbents Patti Pacino in Ward 2 and Bob Bialkowski in Ward 4.

Chairman Joe Gerace said candidates interested in wards 3, 5 and 6 should contact him by May 20.

Currently Ward 1 is represented by Bill Cox; Ward 3, by Sam Barone; Ward 5, by Kathy Briggs; Ward 6, by Rose Mary Christian.

Here's what happened at Monday night's city council meeting.

There were two public hearings -- one on the proposed budget with its $1.59 per-thousand property tax increase and another on the water and sewer rate increase (adding about $12 per year to the average homeowner's bill) -- and no members of the public showed up.

A pair of local residents raised their concerns about a neighbor dispute they would like the police department to take action on.

And Elijah Monroe, above, presented a framed certificate to the Batavia City Council commemorating Batavia for being the Niagara Frontier chapter headquarters for the The Society of the Second War with Great Britain In the State of New York.

The society is affiliated with the General Society of the War of 1812, which is an organization for the male descendants of anyone who served in the War of 1812.

Tonight's Batavia City Council meeting was a conference meeting. The following items were discussed (no votes were taken):

Cedar Street reconstruction

In September 2009, the City Council authorized the Cedar Street reconstruction project. It is being paid for by federal highway money and will cost $2.8 million.

A total of 15 engineering firms were considered for a contract to provide engineering services for the project. A committee is recommending that Buffalo-based Erdman Anthony get the contract for $220,000 in engineering services.

Redevelopment

The Batavia Planning and Development Committee approved a residential redevelopment plan previously recommended by the City Council. At its next business meeting, the council will be asked to pass a resolution authorizing the plan.

It calls for foreclosed properties to be transferred to the Batavia Housing Authority so that the property can be deeded, under specific conditions, to qualified low-income families.

City budget

In keeping with Batavia's budget audit consultant, the City Council will need to adopt a resolution at its next business meeting to set up several reserve funds. These include: employee benefit accrued liability; self-insurance health benefit plan; workers' compensation; retirement contribution; and reserves for Dwyer Stadium repair.

The city has $3.5 million in compensated absence liability, with $1.3 million potentially due immediately, if the high number of employees eligible to retire actually did so. The resolution would authorize a transfer of $150,000 to the benefit accrued liability fund.

Another resolution would authorize the transfer of $100,000 to the self-insurance fund.

With $284,000 in potential workers' comp liability, another resolution would transfer $200,000 from the general reserve fund to the workers' comp liability fund.

Another resolution would transfer $150,000 for public works equipment and $50,000 for fire department equipment for future purchases.

The council is also being asked to transfer $200,000 to the retirement reserve fund.

Finally, the council is being asked to transfer $60,000 to the Dwyer Stadium repair reserve fund.

In the years since Jason Molino took over as city manager, Batavia has gone from an annual deficit of $1.2 million to a surplus in 2009-2010 of $475,800.

Yet, minutes after the City Council heard an audit report on the city's improving financial condition, the council split 4-5 on a motion to meet in a closed session to grant Molino -- among the lowest paid top administrators of any city in the state -- a modest raise.

Councilman Bob Bialkowski asked to postpone the discussion saying he had only recently received information that should be investigated before a vote on Molino's compensation.

When the council did go into closed session, Councilwoman Rose Mary Christian declined to join the discussion.

There are families in Batavia that are hurting financially, Christian said, and until the economy turns around, she can't support any increase in spending.

While the other council members huddled behind a closed door, Christian said she thinks highly of Molino.

"I am not opposed to Jason Molino by any means," Christian said. "I’m opposed to any more spending."

When the council emerged, a resolution was passed on an 8-1 vote granting Molino a 1.5-percent pay increase retroactive to April 1, 2010.

Molino makes $84,260. The top administrator in Beacon, with a population 2,000 less than Batavia, makes $123,000. In Cortland, with a slightly bigger population, the top administrator makes $101,000. Geneva's city manager makes $94,000. (See Through New York for salaries; CityTownInfo.com for populations.)

Meanwhile, an audit report prepared by Freed Maxick & Battaglia shows that the city matched actual revenue with budgeted revenue in the recent fiscal year, after three consecutive years of exceeding revenue projections.

On the expenditure side of the ledger, the city, for the third-straight year kept spending below budget levels, with $445,000 saved in 2009-10.

Auditor Laura Landers (inset picture) credited the city with conservative budgeting, cuts in 2008-09, a decrease in health insurance costs, not filling vacant positions and deferring expenditures on aging equipment.

The city has been able to build a fund balance of $2.8 million over the past four years. In 2006, the fund balance was in the red $1.3 million.

The fund balance allows the city to build reserves for workers' compensation, insurance, capital projects, employee benefits and other reserves necessary to provide the city with a cushion against deficit spending.

Among the areas Molino recommends building up fund reserves for is the Department of Public Works and fire department equipment. He recommends reserves of $150,000 for DPW and $50,000 for fire. Within five years, Molino said, the fire department will need a new pumper.

"Right now, most of our equipment, if not all, is completely depreciated," Molino said. "Last year was the first time we purchased equipment in about seven or eight years."

While I was trying to take a picture of Christian alone in the council chambers, Chief Randy Baker came over and started talking with her, and then Jason Molino wanted to jump in the picture.

Current State law requires the City of Batavia to have a plumbing inspector, and some of the City Council want to see the job filled.

At Monday's council meeting, City Manager Jason Molino called the requirement for a plumbing inspector an antiquated law and City Attorney George Van Nest argued that  the city has done everything it can to fill the position, which is all it's required to do.

Council members Tim Buckley, Rose Mary Christian and Bob Bialkowski all urged City staff to fill the position.

Bialkowski called it a "public health issue."

"Even though state law says code enforcement can do it, you’re not a plumber," Bialkwoski said. "You don’t know what you’re looking at."

Not necessarily, Molino said.

Currently, the city's code enforcement officers are performing plumbing inspections. Molino said they are trained and licensed by New York for such inspections and in towns and villages across the state, code enforcement officers handle plumbing inspection duties.

Only cities, under current state law, are required to have a certified plumbing inspector.

The Town of Amherst, Molino noted, which is larger than Batavia, uses code enforcement officers for plumbing inspections.

"There is no public health risk," Molino said.

Van Nest noted that there are efforts underway to get the state law changed.

"It’s not like there are some safety issues there that are going unaddressed, because these people are certified code enforcement officials for New York State with all licensing and training," Van Nest said.

The topic was opened in public comments by Batavia resident David Pero, who said he has 40 years experience in plumbing.

"Plumbing has to do with public health," Pero said. "Do the right thing council, put back what is right. We are a city, therefore protect our taxpayers. Plumbing inspecting should be done by a qualified master plumber."

After Barb Toal retired as the city's inspector, Ron Toal stepped in on an interim basis, but then quit June 2. Molino issued an emergency declaration to allow the city's code enforcement officers to take over the duties since no certified inspector had been identified.

Rather than auction away foreclosed homes, maybe the city should offer them first, at a minimal cost, to city employees, Councilman Tim Buckley suggested at Monday's Batavia City Council meeting.

His idea met with some resistance, particularly Councilwoman Rose Mary Christian, who said any such program should be open to the entire community.

But the gist of Buckley's proposal got some support -- rather than auction off homes that the city has seized for unpaid taxes, the city should create a program to turn them into owner-occupied residences. Instead of taking a chance that through the auction process they become rentals, find buyers who want to fix them up as their own homes.

"We should set up some type of committee to look into taking foreclosures and selling the property at a minimum cost to employees with some guarantees, and one of the guarantees would be that would agree to live in the property or five years," Buckley said.

In Buckley's plan, city employees would get the property a low cost, giving them instant equity that they could borrow against and invest $20,000 to $30,000 in home restoration.

There are 130 people employed by the city.

“When I was a young patrolman, I know I would have jumped at a program like this,“ Buckley said.

Christian said she was totally against the idea of making such a program available only to city employees.

"I would rather offer it to the whole community than just one single group," Christian said.

Councilman Frank Ferrando struck a middle ground, saying opening such a program to the whole community at first might pose too many complications.

"I think what Tim is saying will give us better control, and if the program works, we can expand later," Ferrando said.

City Manager Jason Molino agree to research a similar program Buckley said was once in place in Rochester, as well as what other cities might be doing along similar lines, and report back to the council.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Because state law already regulates the residency of convicted sex offenders, Batavia cannot legally enact its own residency restriction, City Attorney George Van Nest informed the City Council this week.

In a memo included in the agenda package for Monday's City Council meeting, Van Nest said that because state law gives the Division of Parole and Division of Probation the responsibility of establishing residency restrictions, local governments are preempted from establishing their own rules.

The state Constitution specifically prohibits local governments from passing laws that are already covered in New York statutes.

Van Nest cited several cases that have invalidated local laws for sex offender residency, and noted that none of the cases have been heard by an appeals court.

"Based on the foregoing," Van Nest writes in the conclusion, "although passage of a local law may be viewed in isolation to have merit, a comprehensive scheme of New York State statutes already exist in this area and such State legislation will be viewed as a basis to find preemption. In addition, there are significant constitutional challenges that might be brought against a local law adopting residency restrictions.

"Therefore, in the event the law is passed, enforcement action is taken by the City and a third party challenges the law, it is likely that the City will be forced to expend resources defending a local law that will ultimately be deemed in effective by a reviewing court."

"We will have a parade," City Council President Marianne Clattenburg said tonight after a member of the VFW Auxiliary asked that the council step forward and ensure that the annual Memorial Day Parade is not canceled this year.

Last month, the veterans group that had been organizing it said putting on the annual parade had become just too much.

Barbara Lewis spoke for the Auxiliary and said the parade is just too important to let go.

"It’s so gratifying when you see these proud faces, no longer able to march, coming out of the nursing homes, and the UPS volunteers pushing those wheelchairs, it just breaks your heart. I mean, what can you say? Doen’t that say it all?" Lewis said.

After she spoke, Clattenburg said, "With all of us working together, we can have a parade."

She said the entire council would help make it happen.

Councilwoman Rose Mary Christian has already started working on organization efforts and said she will be at City Hall on May 5 getting all of the parade participants to sign "hold harmless" agreements, which is necessary for them to participate in a parade.

She said recruiters for the major military branches have committed to participating in the parade.

Councilman Frank Ferrando said as important as the Memorial Day Parade is, the city should spearhead the organization efforts from now on, since volunteers sometimes move, die or move on.

"I just think that’s the heart and soul of who we all are," Ferrando said. "It’s why we’re all here and why we’re able to talk like this. We ought to do it. We ought to make sure it happens. We ought to make sure it’s a big event."

Even though local laws regulating where convicted sex offenders can live have been overturned by courts, the Batavia City Council wants more information on what sort of laws it can pass regulating sex-offender residency around daycare centers, parks, schools and churches.

The issue is being pushed hardest by Councilwoman Rose Mary Christian, who has received complaints about a Level 3 sex offender in her ward.

"Our preliminary investigation shows a strong leaning in the courts -- because there is such an extensive body of state statute dealing with this matter -- there is a strong feeling in the courts that this is an area that the state legislature has preempted," said City Attorney George Van Nest. "It would be beyond the ability of local municipalities to create a whole other body of regulations."

A Web page maintained by David Hess, pastor of the West Henrietta Baptist Church in West Henrietta, tracks local sex-offender laws and writes that such laws have been thrown out in Schuyler, Albany and Rensselaer counties.

"We need to do something to protect our children," Christian insists.

Council President Marianne Clattenburg suggested the city ask the New York Conference of Mayors if any local laws have been upheld. Those might be the model for Batavia, she suggested. Then the council can better direct Van Nest on any draft laws or other action.

Three residents spoke in favor of creating tighter local regulations on where sex offenders can live, including Tara Pariso, a mother of three children who is also executive director of CASA, an agency that acts as advocates for children caught up in the legal system.

Pariso discovered while searching for daycare for her own children that one daycare center in Batavia is operated by the wife of a Level 2 sex offender who lives in the house next door to the facility.

"I have no trust left in our state that they’re protecting our children," Pariso told local media after the meeting. "They have no licensing requirement that there are no sex offenders in their neighborhood. I would not trust the state to tell me who is safe and who is not, and the licensing really means nothing to me at this point. I have to do my own background investigation to figure out who I can trust my children with."

The home Pariso is concerned about is Teddy Bear Day Care, at 25 Pearl St., Batavia. 

The New York Office of Children and Family Services lists Marsha Coy as the operator of Teddy Bear Day Care.

Ronnie Coy, a Level 2 sex offender, lives at 27 Pearl St. He was convicted in 2002 of promoting sexual performances by a child and served more than a year in prison. According to local law enforcement officials, Coy has not been in any trouble since his release from prison.

A Genesee County database indicates Ronnie and Marsh Coy purchased 27 Pearl in March, 1983.

The owner of 25 Pearl is another Batavia resident, so Marsha Coy apparently rents the location of Teddy Bear Day Care.

According to the state site, the daycare business was first licensed in June, 2003. It's current license runs through June 2011. It was last inspected on Jan. 25. There have been no state enforcement actions against Teddy Bear since it opened in 2003. There are no pending complaints against the facility, which is licensed to handle 10 children ages 6 months to 12 years old, and two additional school-aged children.

Teddy Bear's only signage on the house is hand-painted and hanging from a window by the front door.

In researching this article, we found Hess's Web site, mentioned above, and he asserts that local laws restricting where sex offenders can live are counterproductive.

The common view is that the recidivism rate is high among sex offenders. It is not. New York regularly publishes 3-year follow-ups of all those released from state prisons. Between 1985 and 2002 a total of 12,863 sex offenders were released. Only 272 of these (2.1%) were returned to prison for new sex crimes within three years of their release.  (2002 Releases: Three Year Post Release Follow-up, State of New York Department of Correctional Services, p.16) 

This corresponds with an Associated Press story from 2003 that states that only 5.3 percent of sex offenders are arrested for the same offense after their release. Wikipedia also has a good summary of studies and stats about the very low recidivism rates among convicted sex offenders.