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News roundup: City Council will vote to abolish Ethics Board

By Philip Anselmo

Batavia's City Council will meet tonight at 7 p.m. at the City Centre. Their only order of business is a vote to abolish the city's Board of Ethics, which would henceforth hand over all questions of potential ethics violations to the county's board, according to WBTA's Dan Fischer.

Today and tomorrow will be mild compared to the expected temperatures later this week. An Arctic front will blow in Wednesday, dropping temperatures down to near zero that day and possibly even as low as minus five degrees on Thursday. Follow this link to download a helpful extereme cold weather guide.

City Council will meet Saturday for budget review session

By Philip Anselmo

From the City of Batavia:

Please be advised that Batavia City Council will hold a budget work session on Saturday,
January 10, 2009.  The meeting will be from 9:00 am – 4:00 pm in the Council Board Room on the second floor of City Hall.

City Councilwoman Rose Mary Christian writes letter in support of consolidation

By Philip Anselmo

We received the following letter from Batavia City Councilwoman Rose Mary Christian:

(SMSI) shared municipal services

(CGR) center for govermental research

(AIM) Aid Incentives Municipalitys

Our obligation is to our city and our taxes payers. AIM revenues would be approximately $650,000 In the first year and that would reduce the combined property tax levy of the city and town by 15% per year.  Only if the city and town are consolidated. That’s a win-win situation.

The cities growth is down -7% and the towns growth is up + 26.2% giving these figures that the burden is on mostly city taxpayers for Ambulance, police and fire services. The city and town both have recognized boundaries to be shifted for growth. We are faced with fiscal challenges all the time and now is the time to step up and make the necessary changes to be a viable one municipality.

We have been successful with water, city dispatch consolidation and economic efforts. Now is the time to move forward for shared services and consolidation of the ambulance, fire and police departments.  I can foresee other shared services in the future to engage fiscal responsibilities like town and city highway departments  and the animal control officer.

My goal is to create joint shared services with economic growth for a fiscal responsibility for all. Giving the State of the economy we must protect our communities with shared services to create a fordable standard of living.

                            Councilwoman
                            Rose Mary Christian

City and town will draft consolidation plan — Could go to vote by November

By Philip Anselmo

We received the following press release from the city of Batavia:

The City of Batavia and the Town of Batavia today reported the results of a joint public meeting between the City Council and the Town Board held on December 17.  The joint meeting was held to receive a report and recommendations prepared by the Center for Governmental Research (CGR).  CGR has been engaged to conduct a City and Town Consolidation Study under a Shared Municipal Services Incentive (SMSI) grant funded jointly by the City, the Town, and New York State.

The joint City/Town Consolidation Study Committee supports CGR’s report and recommendation to proceed to develop and present a draft consolidation plan to the City Council and Town Board by July, 2009.  If the plan is approved by the two elected bodies, the plan could be presented to the voters of the City and Town in the November, 2009 general election.

CGR and the Committee made a presentation to the joint meeting of elected officials to discuss the initial recommendation.  The Study Committee will begin to develop the plan starting in January, and agreed to update the joint boards every few months, to ensure that the process is open and transparent.  At the end of the presentation, the joint boards applauded the Study Committee for its work to date, and endorsed moving forward as discussed.

Charles Zettek Jr., CGR’s project Director, noted that there are several key factors that are aligning in favor of consolidating the City and the Town at this time.  These factors include:  1. the severe fiscal crisis that is going to drive changes to keep costs as low as possible, 2. new financial incentives from the State to consolidate local governments, 3. strong support by the City Council President and the Town Supervisor, and 4. recent events that have shown that consolidation works and benefits the greater community.

“There is no question that if the City and Town of Batavia become a single new government, this will put Batavia in the national spotlight” Zettek said.  “Everyone recognizes that fragmented local governments in New York and across the northeast and Midwest are inefficient. Communities across the country will look to Batavia as being the best example of how to consolidate a city and town to create an efficient government designed for the 21’st century” Zettek said.

City Council President Charlie Mallow summarized the consensus of the two boards by saying “Both boards want to develop a detailed consolidation plan that can be presented to the voters next fall.”   “We both realize that consolidating the City and Town will provide significant cost savings that will reduce taxes” Mallow said. “The plan will spell out specifically how services will be provided, how much will be saved and other efficiencies.”

Town Supervisor Greg Post stated, “If you look at the master plan that was done 40 years ago, it viewed the Town and City as one community.  Now we have the opportunity to make that vision a reality.”

City Manager Jason Molino told the joint boards that the Committee is going to have an incredibly busy six months, reviewing all the operations and coming up with a plan to present to City Council and the Town Board.”  “However, the end result will be a definite plan so that the voters will have the facts and options they need to decide if they want to create a new consolidated government”.

Batavia Daily News for Tuesday: Deputies investigate potential contractor scam

By Philip Anselmo

Joanne Beck covered last night's meeting of the Batavia City Council in a pair of articles in today's Daily News. Both stories—a parking ban on Oak Street and a discussion on changing the city's system for payment of trash collection—were featured on WBTA this morning. The Batavian referenced both articles in our morning news roundup.


Genesee County sheriff's deputies are looking into a string of complaints about a contractor not providing services that were paid for in advance. Lakeside Home Beautification, operated by Martin A. Miller, is based in Stafford. One homeowner, Jennifer Taberski, told Scott DeSmit that she paid Miller $3,800 to fix their roof in June. Nothing has yet been done, and her money was never returned, she claims. "He basically kidnapped my money," she said. Another homeowner was recently refunded their $1,750 after Miller allegedly failed to repair a roof.

DeSmit reports:

Miller, 48, served two one-year jail terms from a criminal case in Wyoming County.

He pleaded guilty in 2002 to four counts of petit larceny for scheming people out of more than $12,000.

Sheriff's deputies are encouraging anyone with information about Miller, or anyone looking to make a complaint, to contact them at (585) 343-5000.


In other news, Virginia Kropf put together a folksy piece on five Albion families who got together Monday for a reunion of their golden retrivers, all of which—unbeknownst to the owners—came from the same Valentine's Day litter. Interesting.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

News roundup: No change in how city pays for trash collection... for now

By Philip Anselmo

Batavia residents will continue to pay for trash collection through their property taxes... at least, for now, according to WBTA's Dan Fischer. City Council took up the issue last night, debating whether it might not make more sense to switch to a non-exempt fee system. Fischer cites an example brought up by Councilman Sam Barone last night who said that the Genesee ARC costs the city $900,000 per year in trash collection, yet the group is exempt because of its non-profit status. Council will take up the issue again in April.

Eight property owners from Oak Street told the City Council last night that they oppose the state's proposal to reduce that street from four to three lanes, one heading north, one south, and one that would be used for turning only. A public informational meeting will be held on the proposal on December 18.

Batavia Daily News for Monday: Potential changes in store for Batavia's Oak Street

By Philip Anselmo

Last month, the state Department of Transportation came to the Batavia City Council with a proposal to transform Oak Street from four lanes to three and use the center lane for turns only, according to the Daily News. At least one Oak Street resident, Carol Grasso, plans to oppose that proposal because it would mean that vehicles would no longer be able to park on the street. (Parking is currently allowed, save between the hours of 7:00 to 9:00am and 4:00 to 6:00pm.) Grasso will voice her disapproval of the project at this evening's Council meeting.


In other news, this year's Toys for Tots campaign has kicked off for the season. Wal-Mart in Batavia will host a collection this Saturday and Sunday. Other barrels will be out for collection at the Genesee County Career Center, the Batavia City Fire Department, HSBC Bank and Hospital Heart Rehab Center. Call Ed Weiss at (585) 343-8279 if you would like to donate or to find out how your business can host a collection barrel.


Crossroads House will remain closed temporarily for construction and to allow the home to potentially locate a new full-time director and better organize its internal management. Crossroads, a "comfort home for the terminally ill," is funded almost exclusively by public donations. The group hopes to be back open soon.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

News roundup: Water main break on West Avenue downtown

By Philip Anselmo

Repair crews should be on scene this morning at the site of a water main break on West Avenue near Woodrow Road, according to WBTA's Dan Fischer. Road conditions could be tricky in that area, as any ground water is likely to freeze pretty quickly. Fortunately, salt dispensers should also be on scene to keep those city streets from turning into ice rinks.

In other news, Batavia's City Council will meet tonight at 7 o'clock at City Hall. On the agenda: Looking at alternate means of funding garbage collection.

Batavia Daily News for Tuesday: Council hears from friends of plumbing inspector

By Philip Anselmo

Batavia City Council's latest public spectacle has its fair share of drama and opinion. On the stage for this act is the story of the plumbing inspector, Barb Toal, whose friends claim was wronged by the city by being demoted. In the past few weeks, the Daily News has featured three articles on this topic, plus a lengthy and impassioned letter to the editor.

But before we get into the details of last night's Council meeting, let's step back and look at the issue from a distance. Back in March, Joanne Beck wrote an article for the Daily detailing the city's decision to demote Barb Toal from full- to part-time in her position as the city's plumbing inspector. At the time, the Council was looking to cut as much as they could from the budget to lower the tax rate and start chipping away at the city's deficit.

At that time, Council was working out the plans for the police dispatch consolidation, trimming down a couple of city posts—including Toal's—and reducing funding in some other areas, as well. Beck wrote: "Those moves are to get the tax rate increase down from an initial 10 percent to about 8.5 percent for a difference of $12 a year less on a home assessed at $85,000."

Toal, then, was informed in March that she would be reduced to part-time—City Manager Jason Molino issued a statement to Council that said Toal was informed even earlier, in January. So why all the uproar now? Why was the Council boardroom "filled" with people protesting Toal's demotion last night, as Dan Fischer reported, and not in March? One of our readers put it succinctly in a comment left on our post yesterday: "Isn't this a dead issue." The decision was made nearly nine months ago.

Toal herself made some noise about the decision back then. She told the Council that the decision could affect public health. From that article in March:

"It's about the future of public health and welfare of the citizens of Batavia. I think it will have an adverse affect in the long run," Toal said. "It saddens my heart how safe and secure our world we live in is, and that the city has forgotten our public health ... that they think the position is only valid part of the time. There's much more to the plumbing inspector job than counting the number of permits issued each year."

Since then, we've heard nothing, until a few weeks ago, when Beck wrote another article in advance of the actual demotion. That was followed by a letter to the editor asking people to support Barb Toal. Then came Monday's article by Beck in advance of last night's meeting, and the article today wrapping up that meeting. That's a lot of coverage all at once. So why weren't more efforts made in the meantime if folks feel so strongly about this—and they certainly seem so: seven people spoke up about Toal's position at the meeting last night, according to Beck. I've never seen even three people speak up at a meeting on a single topic, if even two.

In Beck's article from today, she writes:

(Toal) passed a Civil Service test for the job description more than 19 years ago and has continuously kept her certification up to date, she said. She didn't need to take another test to prove she's qualified, she said. Candidates for the code enforcement job had to pass a Civil Service test. Toal did not make it to final rounds or interviews.

But if Toal has already passed a Civil Service test, as she says, why does she say that she doesn't need to take a test to prove her qualifications? Wouldn't her qualifications already have been proven? Furthermore, Toal has already gone through the certification for code enforcement, and she expressed interest in taking the full-time code enforcement position. Instead, that position was given to someone else, who has not yet gone through the certification. Why?

Don't expect any answers from the City Council. They have been "muzzled"—Fischer's word—by George Van Nest, the city attorney, who claims that if anyone from Council talks about the issue, it could open the city up to a lawsuit for violating the privacy of personnel.

Some people have raised the (very good) point that the bottom line here is: Do we need a full-time plumbing inspector? If no, then Toal has to deal with the demotion. It's in the best interest of the city.  But that point was made—or at least argued—in January, when the staff was first informed of cuts, according to Molino, and again in March, when the decision was finalized by Council! Now, this seems to have become a different issue: Barb Toal should have been given the position of full-time code enforcement officer. That seems to be what she's saying—judging from today's article, anyhow. Instead, that position went to someone else. Why? That seems to be the question underlying this whole brouhaha. If Toal had the qualifications, the credentials and the experience, why wasn't she kept on in that position? Couldn't the city just as easily have hired a part-time plumbing inspector who hadn't already put in so many years of service and given Toal the full-time slot?

Well, quite simply, Molino told Council that Toal was never on the Civil Service list for the position of code enforcer. So that's that then. Right? Right...?

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Batavia Daily News for Monday: City residents support plumbing inspector

By Philip Anselmo

Several supporters of Batavia's city plumbing inspector, Barb Toal, plan to come out for the meeting of the City Council this evening, according to the Daily News. They will attend the meeting to decry the recent "downsizing" of Toal from full-time to part-time only two months before she would have made pension. Reporter Joanne Beck found a couple of folks who were especially worked up about what they insist is unfair treatment of Toal, who has put in nearly 20 years in employment with the city

Larry Conway told Beck: "I'm going to holler like hell. ... this is the way they pay her back? It tells me that council has taken the attitude that there's no sentiment in Batavia."

Carol Grasso said: "When the city manager came here to work, he took a raise. That's unbelievable. He didn't blink an eye to take a raise but he can do this? She's a 20-year veteran. I think Barb has paid her dues."

If you wish to attend tonight's meeting, be sure to show up to the board room on the second floor of City Hall (inside the City Centre) by 7:00pm. Public comments will be taken near the beginning of the meeting.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

News roundup: Meetings tonight

By Philip Anselmo

Genesee County's Legislature will meet tonight at 7:00pm in the Old County Courthouse. Also, the Batavia City Council will hold a conference meeting at 7:00pm at City Hall.

Batavia Daily News for Thursday: Letter: "Reinstate city plumbing inspector"

By Philip Anselmo

Today's opinion page in the Daily News features a letter to the editor on the topic of the city of Batavia plumbing inspector, who recently had her full-time position cut by the city to part-time and her hours dropped one half-hour below the threshold to qualify for health insurance.

This story was first reported in a great article by Joanne Beck a few weeks back.

In the letter today, authored by Beth Allen and Carol Grasso, the argument is made that Toal was treated unfairly by the city. In fact, the authors put it much more emphatically, when they write: "Someone very near and dear to the heart of this community is being treated with gross injustice." Here's some more:

Her salary was cut in half just two months before she would acheive 20 years of dedication and service to this community. Who made the decision to cut $25,000 at the expense of our public health in the first place? Barb spent her entire life in this county and we can't think of anyone else we know who cares more deeply for it. Then to top things off, she is cut to work only 19 1/2 hours a week instead of the 20 hours a week she would need to have her health insurance and other benefits covered.

Our county has a financial deficit to deal with, but what about the people who live here and make it what it is? Is this how our officials plan on rewarding all of its workers from now on?! Are we teaching our children that dedicating a lifetime of service and professional ability is to be rewarded in this fashion? Who the heck will want to stay in a community like that!!

It's obvious that Allen and Grasso feel very strongly about this. One needn't even consider the doubled-up exclamation points and the flourish of rhetorical questions to understand that. Yet there is much more to be gleaned from this letter than a simple and emphatic request for reinstatement. This letter and the circumstances that led to its being drafted make for a great time to have the conversation of how cities—especially small cities—ought to be run.

How much should municipalities be run like corporations? Because really, if we're to be honest with ourselves, this move of cutting Toal to half time just before she would qualify for pension and edging her hours just right so that the city doesn't have to pay for health insurance—that's a corporate tactic. It saves money. But at the same time, you better believe it carries the message: the individual is not important here. All that is done is done in the name of the greater good. This brings us to the seeming paradox that we, the people of Batavia—or whatever other community, however that community is defined—are the greater good. Yet, at the very same time, we, the people of Batavia, are the Barbara Toals of the community. So which do we favor? Which do we identify with? Because situations such as this, as that which is presented in this letter, make it clear that we have to choose a side.

Beth Allen and Carol Grasso make it quite clear which side they have chosen. At the end of their letter, they list the names, e-mails (where available), addresses and telephone numbers for the city leaders. So, will you send a letter?


In other new, if you're wondering what the municipal bosses and boards are doing in Albion, Shelby, Warsaw and Le Roy, today's Daily News is your kind of newspaper.

Out in Albion, that Village Board has decided to pursue a legal battle to "oust" Ron Vendetti, the village's current code enforcement officer. Vendetti has been accused of "rudeness with residents" and "incompetence on the job."

More such Albion news, along with what went on at the Wyoming County Board of Supervisors meeting, can be found inside the paper. Also, the town of Le Roy will hold a public hearing on the proposed 2009 budget tonight at 7:00pm at the town hall.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Batavia Daily News for Tuesday: Grant OK'd by City Council

By Philip Anselmo

Batavia's City Council approved the acceptance of a $90,000 grant to be used for the purchase of a new ambulance by the city's emergency crew, according to the Daily News. At that same meeting, the council approved another grant for $23,980 that will be used for "record management." City Attorney George Van Nest told the group that a lawsuit against the city has been dismissed. A construction worker was suing the city after being injured while on duty. "There was no trial," said Van Nest.

In other news, a brief blurb in the local section claims that Oakfield-Alabama School Principal Scott Read is "not at work due to personal issues." No one knows if or when Read will return, according to Susan Conrad, who spoke with Superintendent Chris Todd.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Batavia Daily News for Thursday: Here we go again: City Council vs. Mall Merchants

By Philip Anselmo

Batavia's Mall Merchants Association has requested the city to remove its appointed liaison to the group, according to the Daily News. A letter sent to City Council President Charlie Mallow asking for the dismissal of liaison Tim Paine cites Paine's "veiled use of a tape recorder during meetings, questioning the integrity of meeting minutes and being disruptive" among its list of reasons why Paine should go.

Mallow told reporter Joanne Beck that members of public committees "have the right to rexpress themselves and argue their points." Mallow added that Paine has done nothing to warrant his removal from the Mall Operating Committee and Association.

Association President Mitchell Chess said of Paine:

"He's not serving the role as intermediary (between the city and merchants). The relationship has become unworkable. He doesn't trust what we're saying and we don't trust him. It's not a good mix. We want someone to explain their point of view and not be antagonistic."

Tim Paine is a frequent contributor to The Batavian, and we've heard him express himself on many different city issues—never in any way that's been outright "antagonistic"—and it's pretty obvious that he takes an interest in the goings-on at the level of city government. If anything, we would have to say that he is an active citizen and be thankful for that in the face of so much general apathy on the part of the greater public.

Whether Paine is being "disruptive" and frustrating meetings of the mall association because of trust issues, we can't say. Chess went as far as to say that Paine is "looking for ways to undermine" the mall merchants. That sounds like a pretty heavy charge. But why would Paine even be in a situation to undermine the merchants? Who is he undermining the merchants to? Has the relationship between the city and the mall reached a point where it is perhaps too involved? Let's phrase this in another way: How does an association between the mall merchants and the city—to the point that paid staff spend time at such meetings—benefit the residents, a.k.a. taxpayers, of the city of Batavia?

The purpose of the Neighborhood Improvement Committee is pretty obvious. The Board of Assessment Review serves a pretty clear function.

One thing is clear: the city and the mall merchants just don't get along. Headlines pitting one against the other were splashed across the front page of the Daily several times this summer. Whatever the purpose may have been for a Mall Operating Committee and Association, it's obvious that it has been frustrated.

The Web site for the city of Batavia says this of the association: "The Mall Operating Committee is made up of mall owners and City staff and is responsible for overseeing the operation and maintenance of the mall."

That sounds simple enough. So why so much drama?


In other news, nothing significant happened at the town of Batavia budget hearing and the Genese County elections crew had no need of the emergency paper ballots, as all the machines remained in good working order throughout the day Tuesday.

And.... that's about it.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Fixing up the Neighborhoods: Part Four: Another Councilman weighs in...

By Philip Anselmo

Another member of the Batavia City Council has answered our questions on the topic of neighborhood improvement. Sam Barone sent us his responses earlier this week. We still have yet to hear back from several other members of Council.

Follow these links to access the previous three posts in this series:


Answers from Sam Barone:

How do you define a problem property?

A problem property is one that is constantly in the news for negative reasons, such as, it's a drug house, it attracts large crowds, litter is present, the yard is unkept, etc.

When is it decided that a property owner has been given enough warnings? Is that threshold defined? What action then follows? What action ought to follow?

Presently, the city has a procedure for addressing chronic problem homes by issuing three warning letters over a period of 15 days and then a possible court action. This procedure works but is too lengthy. We need a policy with a shorter span of time. I think a citation followed by a fine within two weeks would work. If the owner or tenant is responsive and shows cooperaion, the fine could be lifted. If the owner or tenant is unresponsive, fine them a second and third time; then court.

What are the best ways to take preventive action against absentee landlordism?

The best preventive action is twofold. It involves continued inspections and cooperation among various agencies. The city inspectors have to be on the same page with agencies, such as, DSS, HUD, Section 8 and others involved in placing people in homes. For example, everytime a tenant leaves a rental property, the city inspector should visit looking for code violations, such as, lack of smoke or fire alarms. Another example is a house listed under city properties as a three bedroom home. The city inspectors and dss should be aware of that to prevent overcrowding. I am aware of a three bedroom house where dss placed an adult with eight children in that home. The inside was a disaster.  Fortunately the occupants were finally remove after a city inspector was able to enter the home.

What is the difference between a slum lord and a lazy tenant or homeowner? Is there a difference if the outcome is the same? Ought they to be treated differently?

A lazy tenant can be educated and trained by city inspectors and landlords. A slumlord needs to be fined after every infraction.

When should a tenant and not the landlord be held responsible for the condition of a property, if ever?

The tenant should be held responsible for the rental but only after the landlord has explained to the tenant what the codes are both written and verbally.

Batavia Daily News for Tuesday: Council declines to participate in rec study

By Philip Anselmo

Batavia's City Council decided last night not to pitch in $2,750 toward a shared recreation study of park and play land in the city, according to the Daily News. Check out our post from a couple weeks ago for the details. Councilman Bob Boialkowski said he would rather the city sold the land to get it on the tax rolls, and he wasn't alone in that opinion. Reporter Joanne Beck wrote:

(City Council President Charlie) Mallow took the agreement as a directive to Molino He asked him to give the district a call and tell school officials the city isn't interested at this time.

In other news, Joanne Beck put together an excellent article on the city's decision to cut the position of plumbing inspector down from full- to part-time. Beck fleshes out that rather dry news by talking with the city's plumbing inspector, Barb Toal, and, in doing so, shows how a decision ostensibly made for the greater good impacts the livelihood of one individual. For example:

(Toal) will lose half of her salary ... and will now have to pay nearly $500 a month for health insurance. She will also have to work for a longer period of time to reach her full pension benefits since she's now being cut to part-time. She would have reached that goal by January.

Read this one if you have the time.

Beck also wrote an article on the discussion at last night's Council meeting about the city's ambulance service. That news was first featured here on The Batavian this morning when we picked it up from WBTA's coverage. If you're looking for more detail, you might want to check out the article in the paper.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Vacancies on city boards and committees

By Philip Anselmo

City residents have been notified. Batavia is taking applications for positions on several of its boards and committees. We received a press release yesterday detailing the openings and the requirements for each volunteer position.

  • Cable TV Advisory Board: There is one opening.
  • Historic Preservation Commission: There is one opening. Any architects, historians, residents of a historic district or residents that have demonstrated a significant interest in the commitment to the field of historic preservation are encouraged to apply.
  • Planning & Development Committee: There are three openings and one opening for an alternate member. Residents from Wards 2, 4, and 6 are needed.
  • Zoning Board of Appeals: There are two openings. At least one resident from Ward 2 and 5 are needed. 

If you're interested or you want more information, contact City Clerk Heidi J. Parker at (585) 343-9221. You can also download an application from the city's Web site. Applications must be submitted to the clerk no later than November 21.

Fixing up the Neighborhoods: Part Three: What to do when it's right next door...

By Philip Anselmo

A few weeks ago, we started a series called Fixing up the Neighborhoods: a series we hoped would spark some further conversation on the topic of neighborhood improvement. Our first post featured a handful of questions on the issue and responses from Batavia's City Council President Charlie Mallow. We're hoping to have those same questions answered by a few other members of Council, as well. In our second post, we addressed some details from a "public nuisance law" that "failed" in a Council session three years ago.

In this third part, we offer up one man's story of how he perceived a situation of neglect at the home next door to him and what he did to try to get that problem solved.

Ryan Neal moved into his home on Ellsworth Avenue in 2000. A few years ago, the home next door to him was sold, and Neal watched as the condition of the property grew worse and worse under the new ownership. Below here is a photograph of the property's back yard taken by Neal over the summer:

In a letter he read to the City Council last month, Neal had this to say:

I have watched this property, which was originally a landlord occupied apartment home, deteriorate since it’s purchase by it’s present landlord.  The back yard needs desperate attention with parts of the yard containing weeds that are waist high, trees and shrubs that grow amuck, trees that grow from the foundation of the property, and a parking area that he had filled with gravel which is now filled with weeds and gravel.  This is my neighbor’s landscaping which I get to enjoy daily.  In addition, the paint is peeling from the garage, siding is blowing off the home and additional pieces of siding periodically disappear.  These pieces are not replaced, leading to further siding deterioration.  The windows on the first floor of the home are the original windows without storms and are rotten.  He has had his maintenance crew re-glaze some windows, but has never once painted them.  During wind storms, his rotten roof blows into my yard and adjoining drive.    Additionally, the home’s electrical service wire’s sheathing had rotted to a point that the wires within were visible, a safety concern which I also reported to the City.  The landlord’s response to this was to wrap the wire in electrical tape, which I can not believe is a code satisfactory solution to this unsafe situation.  This situation not only endangers my property, but the lives of his tenants.

Neal several times called the homeowner in the spring to ask for the property to be maintained, he said. Not receiving a response, he reported the situation to the City Council in June. When a Council member phoned the owner, the property was mowed once. That was fine, said Neal, but nothing had yet been done about the "major safety concern" of the exposed wires. Neal was told by his neighbors and tenants at the time that National Grid had at one time refused to turn the power back on after it had been previously cut off.

"To drive by the house, you wouldn't know the severity of the situation," said Neal. "But if you get close to the house, you'll see it's really shoddy work."

Some examples of what Neal describes as "shoddy work" includes the tape job on the wires, some of the siding that is held up by duct tape and the rotten window pane that was glazed over to keep it from falling out.

In the week following Neal's plea at the Council meeting, the property owner was "here more this week than ever before," said Neal. He only hopes that the maintenance will be ongoing and some of the stopgaps will be eschewed in favor of more lasting solutions, particularly in the case of the rotting roof and taped up service wires.

The Batavian attempted to contact the property owner. Our message was never returned.

What do you think? When does a problem property become more than just an eyesore?

News roundup: Rec decision postponed

By Philip Anselmo

Batavia's City Council last night postponed a decision on whether to pitch in $2,750 to look into maybe sharing recreation services with the school district and town, according to WBTA's Dan Fischer. The Batavian reported earlier this week on the proposal by the school district to fund an $11,000 needs assessment.

Fischer reports that Council members Bill Cox and Kathy Briggs were willing to support the study because "it was keeping with council's to share services among municipalities." Councilwoman Rose Mary Christian was opposed to the plan, saying that we already pay enough in school taxes.

Council will take up discussion again at its conference meeting later this month and vote on the request at its business meeting in November.

Recreation study could lead to a permanent home for youth football

By Philip Anselmo

Yesterday, we reported an initiative on the part of the Batavia City School District to pursue a jointly funded "needs assessment" that would look at whether or not the school, the city and the town should consider upgrading and expanding its recreational lands and playing fields. That study would cost $11,000. The school district would pay $5,500, and the town and the city would pay $2,750 each.

School Superintendent Margaret Puzio sent a letter to City Manager Jason Molino in the beginning of September asking him to bring the matter before Council. That matter will go before Council at its meeting tonight. A similar letter was sent to the town, which agreed to pitch in the funds for the study almost immediately.

"We heard from the town right away," said Puzio. "They are on board. They're interested. Just waiting on the city."

Where did this all come from? It turns out that the genesis of the idea came in August when Molino sat down with Puzio and a pair of representatives of Batavia's youth football program to discuss short-term and long-term options to find a home for the program that had then been asked to leave Dwyer Stadium.

Says Puzio:

"The opening conversations happened around the whole youth football issue and trying to find a home for them. The district coincidentally owns some property which we were considering whether to develop as playing fields and a recreation area. But we didn't want to do that without knowing everything that was already available. We wanted to get together with city and town and fund a needs assessment and have somebody take inventory of all the recreation areas in the city and town and see if what we currently have is adequate. Do we need more, or do we already have enough?"

Puzio also mentioned in the letter that she was hoping the city could act quickly in its decision—again, this was over a month ago—as a grant opportunity that could help fund such a recreation expansion will expire in December. She could not tell me just how much money was available, but she could say that the Local Government Efficiency Grant was "money that the state has set aside to support municipalities that work together not to duplicate services." In other words, these are funds used to support municipalities that work together to establish shared services.

There would be no more related costs for the "needs assessment," said Puzio, but if the study found that there was a need to, say, construct a new atheltic field at the school district's North Street property, more funds could be forthcoming from all parties involved.

Thanks to Margaret Puzio for getting back to us so quickly and answering all of our questions.

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