Genesee Valley Wind Ensemble (GVWE) invites the public to join them at GO ART! for their Winter Small Ensemble Recital on Saturday, Feb. 3 at 4 p.m.
The purpose of the GVWE is to serve and to provide the Greater Genesee Valley audience with new and familiar live music, to serve its membership with the opportunity to perform challenging wind ensemble literature, and to create the opportunity for the conductor and musicians to grow their collective musical talents.
Admission is $10 for adults, $8 for seniors (55 and older) and veterans, $5 for students (with ID), and children 5 and under are free.
Tavern 2.0.1 will be open during the event with beverages available for purchase. This program is made possible, in part, with the support and collaboration with the Genesee-Orleans Regional Arts Council. For more information please contact geneseevalleywindensemble@gmail.com or visit www.geneseevalleywindensemble.org.
Explore this charming 3-bed, 1.5-bath brick ranch farmhouse on 2.6 acres in the Pembroke School District! Featuring an entertainer's kitchen with an open floor plan, epoxy river/black walnut island top, farmhouse sink, and maple hardwood floors, this home is ideal for gatherings. The finished Bills/Sabres bonus room in the basement makes it a Sunday hotspot. You'll find ample storage with a 20x10 barn, 2.5-car garage, and basement workshop. For outdoor lovers, a private trail to Tonawanda Creek awaits. The kitchen was remodeled in 2012, and a full bath in 2023. Septic was serviced in May 2023, and central air with a Rheem furnace was installed in 2012. Regular maintenance and a thorough July 2023 inspection ensure top-notch quality. A Briggs and Stratton generator (2012) and a new water heater (April 2023) Don't miss this meticulously maintained farmhouse.
A city revenue workgroup brainstormed several potential strategies in the past few months for ways to infuse the city’s coffers, including boosting the tax base with new developments; encouraging legal retail cannabis shops; pursuing voluntary public service contributions from nonprofits; selling off city properties; and enact a stormwater user fee.
Out of the myriad suggestions and ideas, they’re all on the table, with not one seeming to be the magic solution just yet, City Manager Rachael Tabelski said during a review of the process so far.
City Manager Rachael Tabelski Photo by Howard Owens
“So the workgroup wanted to find new revenue sources to continue to assist the city in keeping a low tax rate while providing critical services to the residents, as current major revenue sources are limited, and rely heavily on property and sales tax,” Tabelski said during City Council’s business meeting Monday at City Hall. “And just to note, the aid from the state has not increased nor decreased in the last five-plus years. But I want to point out that our group didn't find a single silver bullet.
"There's no one answer to give us a sustainable revenue source that's going to allow us to pay our employees the wages they deserve to do the work that our residents require," she said. "So it's going to be an amalgamation of many different strategies, some that are one-time revenue sources, some that we might be able to count on an ongoing basis, like the cannabis tax.”
The goal of the group, first and foremost, was to understand the current sources and trends of revenue, and then to draft new ideas for how to bring in more of it, she said.
She noted that the property tax levied in the city “has grown slowly over time, as has sales tax revenue that has remained flat,” including the cable franchise fees, utilities and state aid. Fines, forfeited, and parking ticket revenues have decreased significantly, though new software has allowed for online parking ticket payments, tracking — and even an opportunity to dispute them, Police Chief Shawn Heubusch said.
That new system will be a way to bring those numbers up to estimated revenues of $25,000 in 2024-25, he said.
Tax-exempt properties make up 32 percent of the tax base in the city, which is a lower number than some council members expected, they said. And it’s about half of the nonprofits in other municipalities such as Salamanca, Rensselaer, Albany, and Ithaca, according to group findings.
Newly reelected City Council President Eugene Jankowski Jr. Photo by Howard Owens
“I think it’s important that you put that stat in there, because it seems like more, you know what I mean? I mean, compared to the feedback I received from the public, it seems like we're being overrun with nonprofits. I kind of thought the same thing. That perception was off from the reality of this statistic. Because when you look at this statistic, we're not going to be as bad,” Council President Eugene Jankowski Jr. said. “So maybe we should be aware of it early. It's a good thing. So that we can keep an eye on that, so we don't get overwhelmed. Like 60 percent, that's a lot.”
The point was that other municipalities, many with larger portions of non-taxpaying property owners, have approached these owners and asked if they would be willing to pay something for their police, fire and any other public services received.
In one case, a university agreed to help out and paid a regular, and "lucrative" fee -- only after being asked for it.
Tabelski also reviewed a stormwater user fee that would be paid for by all property owners.
“So any building or parcel that is a sewer or water user today, pay sewer and water fees to the utility. While they may not pay property taxes, they still have to make those utility payments,” she said. “If we were to continue to explore sectioning out stormwater as a utility, which I do feel is a very good idea because we have multiple different unique characteristics of stormwater in our city, including the big ditch and the Grand Canal that we certainly could formulate capital plans for. We wouldn't be able to spread that user fee across anyone who has an impervious surface area. And we might be able to reduce that fee. Now, it would not be part of the general levy. For our property owners, it would be a utility user fee. So the more square feet or surface area you have, the more you would pay in a runoff stormwater type fee.”
This involves a complete analysis of the maintenance of the stormwater system to determine whether existing operation and maintenance gaps exist, Tabelski said. If gaps are identified, the analysis will provide an estimate of additional tasks necessary to rectify these gaps and how that would impact future revenue requirements for the Stormwater Fund and capital improvements.
Stormwater currently functions as a department within Public Works and is supported by the taxpayer through property and sales tax and other revenue generation.
Councilman Bob Bialkowski said that he is against this suggestion for individual homeowners, especially in a time of inflation. Fellow member Al McGinnis, who first raised the issue of increasing revenue by tapping nonprofits to contribute something toward their public services, said it's a fair system for everyone.
City Councilman Al McGinnis Photo by Howard Owens
“This was a revenue enhancement that overall helps us lower taxes … We've got 32 percent of the city that doesn't pay taxes. They don't pay for fire. Nothing for DPW, they don’t pay for police. This is a way of leveling the playing field, and having skin in the game,” he said. “There's nothing wrong with having tax-exempt pay their fair share. And this is part of that. It is morally wrong to have them get services and not pay for them.”
That wasn’t the point for Bialkowski and his constituents, he said.
“I’m sorry, I know what you’re trying to do. I agree with you. But there might be a need to look at other ways, other methods, “ he said.
He routinely gets phone calls from people who are leaving New York because of the cost of services, he said.
One of the newest ways to raise revenue has been legalized cannabis sales, and resulting sales tax for the city, Assistant City Manager Erik Fix said.
A pop-up retail cannabis shop at Empire Hemp on East Main St. this past fall was able to take advantage of the city’s opt-in with the state, and two dispensaries have completed documents with the intent to open retail locations for a projected $750,000 in sales in this next year, Fix said. That’s to bring in about $33,000 in sales tax revenue.
“So that is a little spot that we're hoping to see some help in the current year going forward,” he said. “So kudos to council for opting in on that as an opportunity to grow some revenue.”
The workgroup explored other options of selling defunct and brownfield city properties and a possibility having to do with Climate Smart Communities that “has just come to our attention,” Tabelski said.
"If you garner enough points, they are giving communities $10,000. So we need to look into that and see if we'll qualify and what activities Council might need to take if we need to become a climate-smart community,” she said. We also looked at public safety payments from corporations when they enter into PILOT agreements as an option, but again, these are one-time revenue payments, not something that would be operationally sustainable in the long run, like your sales tax or your levy.
"So, I reminded you the document is still under review. The first strategy explored is continuing to grow the city's tax base through new investment and the continuation of market rate assessed value," she said. "Additional revenue is only created when the tax levy increases, not when assessment increases. However, additional growth is created when the overall assessment of commercial and residential property increases.”
Group member Matt Gray said that, given his background as a business owner and property developer, “I think increasing the property value across the city through economic development is our easiest way to go.”
“We have to be behind new projects and make development, I feel, as turnkey as possible or as easy as possible so that we not only benefit from an increased tax base, but the community itself, benefits from just having development here,” he said. “So a great example right now is Carrs Reborn. We are months away from that beginning. That's an increase in property value through development. I think those are the things that I think are the lowest hanging fruit for the city in order to increase our tax base.”
Fellow member RaeAnn Engler had similar sentiments about increasing overall investment in the city, and both also said it was fair to approach nonprofits for a contribution to help pay for public services and stormwater user fees.
“And I think it's a very good point that they made that it's an ethical and moral, correct move for them to participate in the community, essentially,” Engler said.
“I agree with Matt on strategy one, which was to increase the value of the community, whether that's through increased value in the market values or developing projects that bring new businesses and thus new taxpayers into the community, which helps to build revenue for the town to continue to grow,” she said. “I think all of these strategies were good approaches. I don't know how much money they're going to make. They're going to hopefully help distribute the tax burden among the residents more equitably.”
The group and council are to continue the research and discussion as to which strategies to choose and how to proceed.
Taking their oaths of office are, from left, Tammy Schmidt, David Twichell, Derek Geib, Paul Viele, Kathy Briggs and Al McGinnis during City Council's organizational meeting Monday at City Hall. Photo by Joanne Beck
During City Council's 2024 organizational meeting Monday evening, reelected members Tammy Schmidt, Sixth Ward, left, David Twichell, Second Ward, third from the right, Paul Viele, First Ward, Kathy Briggs, Fifth Ward, and peeking out from behind Briggs, Al McGinnis, Fourth Ward, take their oaths, while newly elected member Derek Geib, center, who ran unopposed for the Third Ward seat, joins his new colleagues in the official swearing-in ceremony by City Clerk/Treasurer Heidi Parker at City Hall.
Briggs nominated Eugene Jankowski Jr. to serve as president again based on his ability to maintain "well-organized" council meetings, and he was duly voted in by the council, which also included members Bob Bialkowski and Rich Richmond.
Viele was voted in for the position of president pro tempore.
Future council meetings have been approved for 7 p.m. on the following dates:
Jan. 22; Feb. 2 and 26; March 11 and 25; April 8 and 22; May 13 and 28; June 10 and 24; July 8; August 12; Sept. 9 and 23; Oct. 15 and 28; Nov. 12 and 25; and Dec. 9.
The group adjourned for two more meetings, several resolutions and a discussion about how to raise more revenue for the city.
Please be advised that Blue Heron Construction will begin interconnections to side streets in regard to the Jackson Street Water project on Monday, Jan. 8 starting around 8:30 a.m.
On Monday, work is expected on Cone Street and Ganson Avenue, Cherry Street on Tuesday, and Morton Avenue on Wednesday. Timeframes are subject to change depending on the amount of time it takes to complete each hook up. Loss of water should be expected on these streets and surrounding streets depending on valve closures.
If discolored water occurs when water pressure is regained, please avoid doing laundry or cooking until the water runs clear.
We apologize for any inconvenience, and thank the public for their patience and cooperation as we work to improve our community.
Throughout her adult life, Suzanne Linde has had a number of interesting jobs, including decorating cakes, making and selling jewelry, serving as a minister and as co-founder of the Experience Psychic Fair.
It is the Experience Psychic Fair that will bring Linde, 68, back to Batavia Downs. The fair is scheduled for a three-day run from Jan. 12-14 at the venerable Batavia destination. The fair will feature at least 12 psychics or readers plus 40 vendors selling everything from crystals, jewelry and numerology readings.
All readers and vendors are vetted by Linde and her staff. All are legit.
"We make sure we only bring high quality-readers," Linde said. "I consider the people we bring as family."
A Lily Dale Assembly-trained and educated psychic, Linde said she enjoys putting on the shows and meeting with people.
Why?
"Because everyone wants to know what's happening in this crazy world," Linde said.
Batavia Downs is one of Linde's favorite destinations. An Elma native, who now lives in Williston, Fla., Linde said returning to Western New York is a homecoming.
Linde and her business partner, Cortland resident Clyde LeFevre, have 30 Experience Psychic Fair stops booked for 2024, including return stops to Batavia Downs in April and October.
Linde is the first to admit the entire Experience Psychic Fair gathering is designed for people to have fun and be entertained.
"Our job is to uplift," Linde said. "The energy in the building is amazing."
The typical attendee is female between the ages of 25 and 70, although recent fairs have skewed towards a more diverse and younger crowd, including more men, millennials and Gen Xers.
"People, especially younger people, are looking for kinder things," Linde said.
When it comes to psychics and readers, Linde said many are looking for personal answers and using the readings as a road map.
"We love helping people, and that is one of the joys I get out of putting on these kinds of fairs," Linde said.
The Experience Psychic Fair opens on Friday, Jan. 12th and runs through the weekend. Information can be found on the Batavia Downs Facebook page or directly at https://www.experiencepsychicfair.com/.
James Fink writes on behalf of Batavia Downs. Sponsored Post paid for by Batavia Downs.
Several bowlers topped the 700 mark in Genesee Region USBC league bowling action over the past week.
At Mancuso Bowling Center in Batavia, Chris Bailey led the way with a 279 third game for a 765 series in the Brighton Securities Tuesday Triples League.
Also at Mancuso's, Mark Brown had games of 258 and 256 in a 729 series in the County Line Stone Friday Trios League.
At Le Roy Legion Lanes, Rob Panepento and Rich Beschler set the pace with 735 and 707 series, respectively, in the American Legion Thursday Men's League, and at Rose Garden Bowl in Bergen, Harris Busmire and Steve Manczak posted 715 and 704, respectively, in the Wednesday Men's Handicap League.
A rare feat was accomplished in the Sunday Rolloffs League at Medina Lanes yesterday morning when Amy Lavender converted the 5-7-10 split.
Alan James Warren, 31, of Fillmore, is charged with reckless endangerment 1st, aggravated unlicensed operation, felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation 2nd. Warren is accused of nearly striking a deputy's vehicle while driving in excess of 100 mph at 1:11 a.m. on Dec. 30 on I-490 in Le Roy. Warren was stopped by Deputy Zachary Hoy. He was held pending arraignment.
Rhonda J. Schirmer, 57, of Walnut Street, Batavia, Alyssa M. Rondon, 33, of East Main Street, Clifton Springs, and David R. Fallon, 41, of East Main Street, Clifton Springs, are charged with petit larceny, conspiracy 6th, and endangering the welfare of a child. Schirmer and Rondon are also charged with criminal possession of a controlled substance 7th. Schirmer, Rondon, and Fallon are accused of stealing merchandise from Walmart in the presence of a child. Schimer and Rondon were also allegedly found in possession of a controlled substance. All three suspects were processed at the Genesee County Jail and released on appearance tickets.
Timothy Delshawn Cobb, no age provided, of Butler Avenue, Buffalo, is charged with reckless endangerment 1st, unlawful fleeing from a police officer in a motor vehicle 3rd, reckless driving, aggravated unlicensed operation 2nd, and suspended registration. Cobb is accused of leading sheriff's deputies and Batavia police officers on a high-speed chase on the Thruway at 4:31 p.m. on Jan. 3. He was stopped by a successful deployment of spike strips by Corfu police. Cobb was held pending arraignment.
Maranda Lena Button, undisclosed age, of Park Road, Batavia, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Button was stopped at 10:38 p.m. on Dec. 31 on Park Road, Batavia, by Deputy Nicholas Chamoun for an alleged inoperable headlamp. She was allegedly found in possession of cocaine and driving on a suspended license.
Ronda Marie Kern, 42, of Alleghany Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, speed not reasonable, and moving from lane unsafely. Kern was reportedly involved in a crash on South Lake Road, Pembroke, at 7:15 p.m. on Dec. 29 and found hiding in the woods near the crash scene. She was processed at the Genesee County Jail and released.
John David Bissell, 60, of North Academy Street, Wyoming, is charged with driving with a BAC of .18 or greater, driving with a BAC of .08 or greater, ATV violation of driving while intoxicated, moving from lane unsafely, and an ATV violation of uninsured operation. Bissell was reportedly involved in an ATV accident at 1:05 a.m. on Dec. 31 on Telephone Road, Pavilion. Biseell was transported to the Genesee County Jail for processing and released on tickets.
Garrett A. Breister, 51, of Capen Road, Brockport, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs and alcohol, moving from lane unsafely, and speed not reasonable. Breister was reported involved in a motor vehicle accident at 10:39 p.m. on Oct. 31 on North Lake Road, Bergen. Breister was arrested on Dec. 29 following an investigation by Deputy Jonathan Dimming. He was issued tickets and released.
Angel Manuel Canales, 34, of Long Pond Road, Greece, is charged with assault 3rd and harassment 2nd. Canales allegedly punched another patron in the head, knocking him out, while at Batavia Downs, on Dec. 17 at 12:20 a.m. No release status listed.
Ebony Lauren Jenkins, 24, of Child Street, Rochester, is charged with criminal contempt 2nd. Jenkins is accused of violating a court order at 8:19 p.m. on Dec. 27 at a location in Bergen. Jenkins was held pending arraignment.
Skarlette P. Tellier-Wilcox, 19, of Wood Street, Batavia, is charged with petit larceny. Tellier is accused of stealing merchandise from Walmart at 4:43 p.m. on Dec. 29. She was issued an appearance ticket.
Theodle Hill, Jr., 54, of Church Street, Batavia, is charged with disobeying a court mandate. Hill is accused of violating an order of protection by speaking to the protected person while at a local store at 5:28 p.m. on Dec. 27. Hill was held pending arraignment.
Zackary Charles Putney, 27, of Route 98, of Alexander, is charged with DWI, driving with a BAC of .08 or greater, stopping on a highway, failure to use four way flashers. Putney was charged after deputies Jacob Kipler and Austin Heberlein located a vehicle parked on Route 33 in the Town of Pembroke at 1:29 p.m. on Jan. 1. He was transported to the Genesee County Jail for processing and released.
Jonathan Will Dodson, Jr., of Chugg Road, Clarendon, is charged with criminal mischief 3rd. Dodson is accused of cutting the wires of an electrical harness of another person's vehicle at 8:30 p.m. on Dec. 29 at a location on Byron Road, Byron. He was arraigned and ordered held on $5,000 bail or $10,000 bond.
Mary Jenieve Almanzar, 32, of Ada Place, Buffalo, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation, uninspected motor vehicle, and inoperable brake lamp. Almanzar was stopped at 12:01 p.m. on Route 77 in Alabama, on Jan. 6 by Deputy James Stack. During the traffic stop, she was allegedly found in possession of buprenorphine-naloxone that was not prescribed to her. She was released on an appearance ticket.
Joseph Stewart, 69, of Route 19, Le Roy, is charged with harassment 2nd. Stewart is accused of striking another person across the face with a belt at a location on East Main Street, Batavia, at 8:55 a.m. on Jan. 3. He was released on an appearance ticket.
Ricky J. Smith, 33, of Lockport, is charged with two counts of sexual abuse 1st and two counts of endangering the welfare of a child. Smith was arrested by State Police in relation to an incident reported at noon on Oct. 26 in the Town of Darien. He was released on an appearance ticket. Troopers did not release more information.
Michael J. McCarthy, 35, of Corfu, is charged with menacing 3rd and acting in a manner injurious to a child. He was arrested by State Police in relation to an incident reported at 12:43 p.m. on Jan. 4 in the Town of Pembroke. McCarthy's bail status was not available. Troopers did not release more information.
Harold Jemison-Pointer, 30, of Buffalo, is charged with DWI and driving with a BAC of .08 or greater. Jemison-Pointer was stopped at 10:20 a.m. ON Jan. 1 in the Town of Le Roy by State Police. He was released on an appearance ticket.
A frustrated, double-teamed Justin Smith making a pass. Smith was held to 10 points in the first half. Photo by Steve Ognibene
Batavia made a game of it in the first half, but a talented Pittsford Sutherland team ran away with the game in the second half to deliver the Blue Devils, now 4-5, their second straight home loss, 62-37, on Friday.
Justin Smith and Gavin White each scored 12 points, and Carter Mullen scored 10.
The Blue Devils host Honeoye Falls/Lima at 7:15 p.m. on Tuesday.
Also on Friday:
Merrit Holly scored 47 points to lead a comeback win for Le Roy over Rochester Prep 55-52. The 47 points ties a single-game scoring record for Le Roy. The record was set in 1963 by Tim McCulley. The Knights trailed 51-47 with less than two minutes to play when Holly went on an eight-point unanswered scoring run to secure the win. Holly had 18 rebounds and was 18-23 from the field.
Alexander beat Pembroke 50-48. Dylan Pohl scored 16 points for the Trojans. Trent Woods, 14, and Kingston Woods, 12. For the Dragons, Tyson Totten scored 24 points and had five assists. Avery Ferreira scored seven.
For the third time in tournament history, Cal-Mum captured the Rotary Tournament crown on Thursday with a 46-40 win over Pembroke.
It's the first time the championship game did not include Batavia or Notre Dame (Notre Dame has won 15 times and Batavia has won nine, with Pavilion picking up the crown once).
For Cal-Mum, Halee Nickerson scored 14 points and was named tournament MVP. Shea Drazkowski scored 16 points.
For Pembroke, Peyton Liss scored 22 points.
Besides Nickerson, filling out the all-tournament team:
Angelo Penna scored 27 points on Wednesday to spark an 81-31 Elba Lancers win over Lyndonville.
Kevin Marsceill scored 17 points, hitting five three-pointers, including four in the fourth quarter.
Also on Wednesday,
Pembroke beat Maryvale, 57 to 41. Tyson Totten scored 27 points and had 16 rebounds. Avery Ferreira scored 15 points and Jayden Bridge had nine rebounds.
Eastridge beat Batavia 70-49. Justin Smith scored 14 points for Batavia. Carter Mullen scored 10.
Want to get crackling on your dream project? Bontrager Real Estate & Auction Service has got your back with their online Building Supply Auction! Head to bontragerauction.com and start bidding on everything from swoon-worthy kitchen cabinets, lumber, flooring, and charming fixtures, to insulation, appliances, and even mattresses! And that's not all! With windows, doors, lighting, tiles, area rugs, and even fencing and decking up for grabs, you'll be in DIY heaven. But hurry, the auction ends on January 10th, so don't delay! View before you bid with live previews on Thursday, January 4, 2024, 1 pm - 3 pm; and Tuesday, January 9, 2024, 3 pm - 6 pm, at 8975 Wortendyke Rd., Batavia, NY 14020.
A building at 3399 Buffalo St., Alexander, a former medical office, that has been the subject of a decade-long legal battle between the Village of Alexander and C&D Design, Build, Development, a Corfu-based business. Photo by Howard Owens.
After an adverse ruling against the village of Alexander in a property condemnation case, the village and its code enforcement officer have filed a malpractice lawsuit against the Attica-based law firm and the lead attorney who handled the case.
The suit names as defendants Dadd, Nelson, Wilkinson & Wujcik, PLLC and attorney James M. Wujcik.
Wujcik, until last week, was county attorney for Genesee County. He served one term, which is two years.
County officials said the decision to replace Wujcik with Mark Boylan had nothing to do with the malpractice accusation.
Neither Legislature Chair Shelley Stein nor County Manager Matt Landers revealed any concern about Wujcik's job performance.
At Wednesday's organization meeting of the County Legislature, all Stein said about Wujcik was that he decided to pursue other opportunities. In response to an email from The Batavian on Thursday, Stein said she knew nothing of any lawsuit naming Wujcik and had no further comment.
"I'll learn with your readers," she said.
The Batavian submitted a Freedom of Information request to Landers requesting any letter of resignation or any written notice of termination, and Landers said there was no responsive document.
Landers said Wujcik had come to the end of a fixed two-year term. He did not resign and was "not encouraged to resign as his term was coming to a natural end."
The lawsuit was filed in August, and The Batavian learned of it after a person who did not include a return address on the envelope sent a copy to the publisher.
On Wednesday morning, The Batavian emailed a request for comment on the pending lawsuit to Wujcik at his law firm address and he has not responded.
Wujcik and the firm have retained legal counsel, The Batavian was told by a source, but those attorneys have yet to file a response to the lawsuit, and no hearing date has yet been set for an initial appearance by both parties in the Supreme Court.
Alleged malpractice suit The plaintiffs are the village of Alexander and Daniel J. Lang. Lang is the code enforcement officer for the Town of Batavia, which has an inter-municipal agreement with Alexander (as well as other towns and villages in the county) to provide code enforcement services.
Until April 2023, Dadd, Nelson, Wilkinson & Wujcik provided municipal legal services to the village of Alexander.
In November 2015, Corfu-based developer and property management firm C&D Design, Build, Development, filed suit against the village and Lang alleging that a building owned by the firm at 3399 Buffalo St. had been improperly condemned in September 2013.
The village, under terms of its agreement with its law firm, selected Wujcik as a lead attorney to handle its defense, a position he held throughout most of the legal battle, which is now entering its 11th year.
The village dismissed the law firm and Wujcik sometime after Genesee County Supreme Court Justice Diane Y. Devlin issued a summary judgment in favor of C&D Design and its owner Gary Dominick, also a principal in the development firm Dominick & Daughters.
The village's lawsuit against Wujcik and his firm states that Alexander and Lang stand to incur significant monetary damages as a result of the summary judgment, which the suit blames on Wujcik's handling of the case after a previous ruling in favor of the village was overturned by an appeals court.
The potential monetary losses, which have yet to be decided by the court, will not be covered by insurance, according to the suit.
The suit alleges that Wujcik:
failed to preserve and protect the rights of the village and Lang through the C&D proceedings;
failed to respond to discovery demands;
failed to oppose discovery motions, resulting in sanctions;
failed to adhere to two separate orders directing the village and Lang to provide complete responses without objection to those discovery demands;
failed to appeal the summary judgment in a timely manner;
failed to raise appropriate legally viable affirmative defenses; and
failed to communicate with the village and Lang to keep them informed of developments in the case.
"But for the defendants' (Wujcik and his firm) legal malpractice, plaintiffs (village and Lang) would have successfully defended the underlying lawsuit," the lawsuit against the Attica-based law firm states. "Plantiffs' actions with respect to C&D's property at issue in the underlying lawsuit were motivated only to address complaints regarding life and safety at the property owned by C&D. All of the plaintiff's actions were in compliance with the New York State Uniform Code. Plaintiffs' actions afford C&D due process with respect to actions taken by plaintiffs in the Zoning Board of Appeals and through an Article 78 proceeding. C&D did not avail itself of the opportunity to challenge plaintiffs' conduct prior to the commencement of the underlying lawsuit."
The suit states that because of the alleged malpractice, Devlin found in favor of C&D on Aug. 18, 2022, in a summary judgment (no trial) on its claim that its due process rights were violated and awarded C&D legal fees and expenses and ordered a hearing to determine the amount of C&D's damages.
"After entry of the Aug. 22, 2022 order, defendants failed to timely file a notice of appeal with respect to that judgment and failed to inform plaintiffs of the adverse judgment," the suit states. "Instead, defendants filed a frivolous motion to reargue on plaintiffs' behalf that had no chance of success because it was not the proper vehicle to challenge the court's ruling."
Foul odor Events leading up to the "underlying case" began in the late summer of 2013 when at least two employees of Dr. Mary Obear, who operated a clinic in C&D's building, complained of foul odors in the building and were diagnosed with a respiratory illness.
According to court documents, the building was constructed according to Obear's specifications in 2012 and received a certificate of occupancy signed by Karl Bender, the village's code enforcement officer at the time.
In response to the complaints about the odor and ailments, according to Lang's statements in court records, Lang was granted access to the building on Sept. 4 by its legal occupants and commenced a visual inspection. Court documents state he discovered 37 code violations during that visit and that, coupled with the reported odors and illnesses, he condemned the building on Sept. 9, 2013, requiring Obear to immediately close the clinic.
The building was posted as condemned over the next two years, so at this point, Dominick filed a lawsuit alleging that the village condemnation was unnecessary and violated the law and his Constitutional rights.
He claimed that village leaders had a history of retaliating against citizens who complained about village actions and that he had been vocally critical of village decisions more than a decade earlier, suggesting that the condemnation of his building was an act of retaliation.
On Sept. 24, 2015, the village delivered to Dominick a list of 80 alleged code violations. Dominick's attorneys characterized the list as a vague recitation of code sections without listing specific violations, but some of the violations listed are specific.
The letter, which is part of the court record, states that the main beam for the structure does not meet NYS uniform code requirements, the foundation system is not built as designed, the floor joists have been cut, notched, sawed, and are not in compliance with code, that there was seepage through the wood foundation, which was not constructed in accordance with the design, and that Lang viewed unapproved methods of construction through the structure.
"Due to the conditions present during our visit, we deemed the condition of the structure unsafe," the letter states. "Due to the lack of required documentation provided for this structure and the contractor not following the submitted plans, I am also in question of all structural elements of the building not in the submitted drawings that we cannot visually inspect."
The letter asked that prior to anyone undertaking any repairs on the building, that a full structural analysis and evaluation by a licensed engineer be completed.
As for the odor complaints, Dominick hired Lozier Environmental Consulting, Inc. to conduct fungal air sampling. The consultant determined there was mold in the building, but the spore concentration in the occupied areas of the building was within acceptable air quality standards. However, the same inspector found penicillium/aspergillus spores in the basement at levels that are considered unsafe. The consultant recommended several actions to remediate the issue.
In one of his answers to court filings, Lang seemingly cited this report as support for the condemnation, but attorneys for Dominick note that the report was completed after the condemnation. It also did not support condemnation, they asserted, because air quality in the occupied part of the building was found to be within acceptable limits.
C&D vs. Alexander lawsuit In late 2016, the attorney for C&D filed an amended complaint that focused on trespass (alleging Lang entered the premises without permission), nuisance, inverse condemnation, tortious interference, and violation of civil rights.
The complaint was amended again on Jan. 22, 2018, seeking damages for violations of Dominick's civil rights under the First, Fifth, and 14th Amendments to the U.S. Constitution and violations of the state Constitution.
The suit claimed that Dominick's rights to due process were violated because he was not afforded the right to a hearing on the "taking" of his property by the government.
Dominick's attorneys claimed in multiple filings that C&D was entitled to either a hearing before the building was condemned, or in the case where immediate condemnation is a matter of imminent public safety (which the attorneys said was not the case), a hearing after condemnation.
Wujcik argued that Dominick foreclosed a hearing at the village level when he retained an attorney who ordered Lang to have no further communication with his client, indicating pending legal action. He also argued that C&D chose to forego its right to an Article 78 proceeding and instead chose to file a lawsuit. In either case, any lack of due process, according to Wujcik, was at C&D's doing, not due to conduct by the village nor Lang.
In an eight-page order issued on Dec. 18, 2018, Judge Emilio Colaiacovo dismissed C&D's entire case.
Colaiacovo found that Lang operated within the scope of his legal duties as a code enforcement officer, with a reasonable belief that the building on Buffalo Street was a threat to public safety, and that Lang acted without political motivation and his actions were not arbitrary.
"Defendants have provided ample documentation justifying their decision to placard the property,' Colaiacovo wrote. "While they may have disagreed with the decision or the reasons offered by Lang, the plaintiff has not demonstrated any egregious municipal misconduct. The record is bereft of any 'political concerns' that prompted the determination of the village or its building inspector. While arguably, the plaintiff may be able to show that the defendants misinterpreted the village or state building code, that in and of itself does not constitute egregious official conduct motivated by the color of politics."
Overturned on appeal Attorneys for C&D appealed the decision, and on Aug. 25, 2020, the Appellate Division of the Fourth Department, Supreme Court of the State of New York, overturned Colaiacovo's decision.
"Initially, we agree with the plaintiff that the court erred in converting the defendants' motion to dismiss to one for summary judgment," the appellate justices wrote. "The court did not provide 'adequate notice to the parties that it was doing so, nor did defendants and plaintiff otherwise receive adequate notice by 'submitting facts and arguments clearly indicating that they were deliberately charting a summary judgment course."
The ruling was not entirely favorable to C&D, however, with the court finding that the court properly denied the plaintiff's motion because the plaintiff failed to establish that it is entitled as a matter of law to the relief it sought as part of the suit -- removal of the placard on the building declaring it condemned.
The case was returned to Genesee County Supreme Court for further proceedings, which eventually led to the summary judgment by Devlin in favor of C&D.
According to a notice posted in a window at 3399 Buffalo St., Alexander, Dominick has been granted a permit to convert the former medical office building into four apartment units.
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