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September 14, 2020 - 10:06pm

Police department to manage Batavia's deer culling plan that places restrictions on city property

The path to passing a City of Batavia Deer Management Plant plan -- fraught with controversy, changes and a bit of confusion – became much clearer tonight when City Council approved a proposal giving its police department oversight of the operation.

By a vote of 6-2, Council endorsed an archery-only plan that puts management in the hands of police – understanding there will be overtime costs involved – and also allows only city employees to hunt on two parcels of city property and restricts hunting to antlerless-only deer in those two zones.

Council members Jeremy Karas, Patti Pacino, Kathleen Briggs, Al McGinnis, John Canale (who was the liaison to the Deer Management Plan Committee that resigned in protest of changes to the original plan on Aug. 13) and President Eugene Jankowski voted in favor of the plan. Council members Robert Bialkowski and Rose Mary Christian voted against the plan.

It was Jankowski who introduced an amendment to prohibit the taking of deer with antlers on city property. That passed by a 7-1 count with McGinnis, who objected to the amount of time (about an hour) spent debating the pros and cons of the plan, abstaining.

Council Member Paul Viele was not in attendance.

Apparently taking the advice of Canale, who brought up the board’s history of “kicking the can down the road,” Council decided to adopt the plan and worry about implementation later, especially in light of the Batavia City School District’s “hybrid” schedule that has some students learning remotely from home.

“I don’t see what else there is to discuss,” said Canale, adding that the police department is more than capable of deciding whether it is safe for people to hunt in any of the five pre-determined zones. “It’s not like we’re sending out people into the woods on October 1st with bows and arrows” if the police deem that it’s not safe.

Jankowski said he agreed with Canale, urging his colleagues to “approve this and (then) the implementation is up in the air.”

“Personally, I don’t think it would have worked well for the volunteer (committee) to take on that kind of work,” Jankowski said.

Police Chief Shawn Heubusch said he anticipates overtime charges of $4,000 to $5,000 annually, calling it a “conservative estimate depending upon the level of commitment.” He also said he will select an officer from the department to head the program.

Heubusch said he plans to reach out to Town of Irondequoit police officers, who run the program there, as well as talk to landowners in the three zones that aren’t city property, and attempt to get landowner agreements signed and set up the selection process.

“There’s a lot of work (to be done),” he said, noting that although the department is fully staffed, it isn’t at a point where he can take an officer off the road.

City Attorney George Van Nest reported that he has already spoken with people in Irondequoit, who indicated that the Monroe County town’s program “works well and is effective.” He also said state Department of Environmental Conservation officials support the “tweaks” made by him and Acting City Manager Rachael Tabelski.

The most significant changes were moving oversight from the Deer Management Plan Committee to the police department, giving city employees exclusive rights to hunt on city property – eliminating members of the Genesee County Federation of Sportsmen – and, per tonight’s amendment, putting in a provision to cull antlerless-only deer on city property.

Jankowski said he received thirdhand information that someone saw a large buck on one of the properties and that “somebody has designs on those antlers.” His amendment, however, can not be enforced on land owned by private citizens who agree to participate in the plan to reduce the deer population.

Van Nest said a New York State hunting license gives hunters the authority to take a buck on private property.

Before the vote to pass or reject the amended plan, Bialkowski attempted to table the measure, stating that the latest plan (dated Sept. 14) was not presented in a Conference Meeting, it comes with increased costs and was subject to a review of the school’s scheduling.

“I’d like to refer it back to committee … back to a Conference Meeting,” he said.

Christian supported tabling it as well, with her comments indicating she thought the plan included hunting by guns along with bow and arrow.

That’s when Canale spoke up, noting that the Deer Management Plan Committee worked very hard and for a long time (eight months) to put together “a wonderful plan, working with (former City Manager) Dr. (Martin) Moore on the “meat and potatoes of the plan.”

He credited Tabelski for making necessary revisions.

“I don’t think kicking the can down the road will help us out,” he said. “Approve it tonight and implement it when it’s safe.”

As a result, a vote to table the plan was defeated by a 6-2 count with Bialkowski and Christian voting to table it.

The deer management plan subject came up right from the start of the Special Conference Meeting that preceded the Business Meeting where the resolution ultimately was approved.

Batavia residents Sammy DiSalvo, David Majewski and his son, Noah Majewski, spoke about the plan during the public comments portion of the agenda.

DiSalvo said he identified “at least 20 changes from the original proposal – at least five of which are entirely new.”

He said he took issue with “taking away power from people who are citizens and experienced hunters.”

“I am sure there are many police officers who do hunt and are very capable, but you are taking this away from people who have spent 50-60 years as the main thing that they do,” he said.

As far as private property is concerned, DiSalvo said that owners of the three non-city property areas have decided not to participate in the plan – something that took Council and city management by surprise.

“I find it suspicious that Mr. DiSalvo, whose father (Samuel) was on the deer committee, is saying that everybody but the city is not participating,” Jankowski said. “He’s making detailed responses about landowners that we don’t even know about yet.”

DiSalvo applauded the police department for the great job it does in law enforcement, but disagreed with putting the responsibility of the deer management plan upon the officers.

David Majewski said he was concerned about people coming on his son’s property (25 acres) off Alexander Road, which is adjacent to one of the city-owned parcels. He said his son manages the property for deer hunting, and is worried that deer remains left on his property would attract more coyotes to the area.

“I’m kind of curious as to why city employees will be allowed to hunt. There are plenty of other good hunters,” he said.

He said he was also concerned about liability and the possibility of a lawsuit should someone trespass onto his son’s land – which he uses for beaver trapping -- and suffer an injury.

Noah said he has encountered many people trespassing from city property onto his property.

“I’ve notified people in the City of Batavia building and nobody seems to care. They usually end up being friends of people,” he said.

He also mentioned liability and that he runs “nuisance beaver traps” with a nuisance beaver permit from the DEC. He said the traps are set around a swamp and he would hate to see someone step in one of those traps.

“I just feel like this is opening up a whole new can of worms to bring more people into an area that’s populated with people, that has people running around there," he said. "... and not knowing who’s going to be hunting back there or anything like that, it’s a big area of concern for me.”

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