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November 8, 2020 - 3:09pm

Rift between city, farmers' market widens as new police station feasibility study moves forward

As a Williamsville architectural firm conducts a feasibility study on the construction of a new Batavia Police Department headquarters on the parking lot at Alva Place and Bank Street, a representative of the Genesee Country Farmers’ Market continues to seek an “open dialogue” with City Council on the future of the seasonal produce business.

In 2020, the privately owned market, which has been at several locations over the past 15 years, conducted business on Tuesdays, Thursdays and Fridays from June 5 through Oct. 30 on the Downtown lot across the street from the City Centre Mall.

The market has been a hot topic of discussion in recent days following Market Manager Elizabeth “Betty” Carr’s public comments at City Council’s Oct. 26 meeting. At the meeting, Carr asked city leaders to reconsider its decision to build a new police station on the Alva Place parking lot.

Since then, although no formal meeting between farmers’ market board members and City Council has taken place, the open dialogue that Carr was hoping for has come in the form of remarks on the website of The Batavian and its Facebook page.

On one side, there is City Council President Eugene Jankowski Jr. consistently stating the municipality’s position that since the city already owns the Alva Place lot – which was deemed the No. 2 choice by a police facility task force that met in 2015 – erecting a new police facility there would result in a significant cost savings.

The first choice, a parcel on Swan Street, was not a city-owned property. When city leaders inquired about its availability, they were told it was not for sale.

While no official budgetary figures have been released (that will happen at the conclusion of the feasibility study by Architecture Unlimited LLC, of Williamsville), previous cost estimates were in the $9 million to $12 million range. City officials are hopeful that the building they are proposing will cost less than that based on similar completed projects in the Town of Clarence and Town of Greece.

Jankowski: City Saves Money as Property Owner

“Here’s the thing about the farmers’ market,” Jankowski said. “We’re saving $500,000 by building the station on our own property. The farmers’ market manager in her emails and in her comments on Facebook, which some of them were out of line, is expecting us to just give them a $500,000 value or more lot in the middle of town. We’ve already been given a walkability study that says we have too many parking lots. Those lots were designed for buildings to be put there.”

Jankowski said Carr is advocating for the city give to the market taxpayer-funded property at no charge.

“And I don’t know who is going to pay for the building they want to put on there. I’m thinking she expects the city to pay for the building as well,” he said. “She wants us to build and give her a piece of property, and then we need to go buy another piece of property, take that off the tax rolls and build our police station on some third, fourth or fifth choice that we can come up with so she can have the farmers’ market there.”

On the other side is Carr, who said she is simply looking for City Council to allow directors of the farmers’ market to present pertinent information about the markets’ customer base and nutritional needs in an era of COVID-19.

“Mr. Jankowski says we are taking a hard line? The only hard line is that this was dictated to us,” she said. “We were never in agreement and we were never asked to have a conversation. We were told from day one that we would have to move.”

Carr said that Interim City Manager Rachael Tabelski informed market officials that they could stay in their current location through 2021.

“It always was with the intent that we would have to move, which is why I spoke in front of City Council and asked for open dialogue, so we could talk about this,” Carr said. “And I was shocked at how Mr. Jankowski handled himself the next day. He printed lies. He said that we’re trying to steal property from the city and that we were already in agreement to this move.”

Carr Takes Exception to Facebook Post

She also said that Jankowski insulted (Farmers’ Market Treasurer) Sharon Brent, posting a Facebook comment that read “How can anyone buy from this woman?”

“We have no idea how that has hurt her business, and she has been in her business for 45 years,” Carr said.

A review of the numerous statements on The Batavian’s Facebook page reveals that Jankowski’s actual post was as follows: “The market is now demanding the city turn over that property to them for permanent use for free. It’s very disappointing that the market is trying to steal a piece of property from the taxpayers valued at over $500,000. After this behavior who would want to do business with them at this point?”

Carr admitted that the farmers’ market has no right to dictate city policy, but at least should be respected enough -- considering that it does bring people and revenue to Batavia – to be invited to the table to talk about its fate.

“The city has never had any conversation with us,” she said. “We are a bunch of farmers. I’m new to the market. Who are we to say we want the city to build a building for us? Who is saying that? We are not.”

As far as the feasibility study is concerned, Public Works Director Matt Worth said he has sent utility and survey information, and boundaries and dimensions of the Alva Place lot to the architectural firm, while architects have made some on-site visits and are reviewing operations of the existing police facility – the 165-year-old former Brisbane Mansion at 10 W. Main St.

“We’re pretty much on the front end of it. We’re in the information gathering process, I would say at this point,” said Worth, who expects the study to take another six months or so.

Worth: Feasibility Study is Determining Factor

Worth said the feasibility study will determine the configuration of the facility – one- or two-story, shape, provisions for parking, etc. – and is anticipating a price point that fits within the city’s plans to finance it over a 20- to 30-year period.

“We’ll have a really good idea once this is done. The original task force numbers were very conceptual and we didn’t have a lot of confidence that it was going to be that costly,” he said. “And that’s really where we made the connection with Architecture Unlimited. They were involved with a state police/sheriff’s facility that was built in the Town of Clarence, and so we were able to get some numbers that they had for that as well as the new police facility that was built in the Town of Greece.

“Looking at those and how the building could be configured, it became apparent that it seemed like it could be done for quite a bit less than that and make it more affordable.”

Worth said the feasibility study is costing the city $41,200.

Carr, when advised that the feasibility study was underway, said that was “new information” to her and questioned if Batavia residents were on board with such a long-term financial commitment.

“I’m not sure if the citizens want a police station there or if they really want a police station,” she offered. “It could be that citizens want to revisit how they’re tax dollars are to be used … and judging from comments on Facebook and The Batavian comments, about the location of the police department and if it is necessary.”

She then asked how city leaders set their priorities.

“Then I would ask of the city, during this feasibility study, what’s their measurement of success? In other words, who are they serving? Are they going to do something that’s going to ... how do they determine what best serves the citizens? They’ve got the farmers’ market.”

Would Relocation Affect Business?

Carr did agree that the current police headquarters is inadequate, but said that placing a new one would on the Alva Place lot would devastate the farmers’ market.

“If the market moved to Angotti’s (Beverage Corp.) parking lot on School Street … well, 73 percent of our customers walk or bike and (right now) no one crosses Main Street or Ellicott Street. You might as well put us on an island, all by ourselves,” she said.

“Seventy-three percent of our customers may not come because they’d have to cross those busy streets. Senior citizens with their walkers and motorized scooters – they’re not going to cross those busy streets. And we’d be that much farther removed from other customers we currently serve, such as the employees of the hospital and the YMCA.”

Jankowski said a new headquarters for the Batavia Police Department is long overdue.

“The facility is not proper right now – we know that – and it’s falling apart,” he said. “We need a building on our own property and we need a building where we can save money.”

The retired City of Batavia police officer then pointed out some of the problems with the current police station.

“Who is going to benefit from it? People in the community that are arrested. They’ll have a better facility to be housed in temporarily when they’re interviewed – in a proper area,” Jankowski said. “Evidence will be stored in a proper safe facility and not contaminating people with the fumes coming off it. You’ve got blood evidence, you’ve got drug evidence. That stuff is locked in an old safe now; there’s no ventilation in there. When those guys (police officers) walk in there, they’re taking a breath and inhaling that stuff. It can’t be healthy.”

Current Police Station is Lacking

Jankowski said the city has to meet Occupational Safety and Health Administration requirements.

“We’re not making this stuff up,” he said. “When you’re a victim of a crime or domestic abuse, we have a safe place to go and you’re not being yelled at by your abuser because you’re in the same room and there’s a door there and he’s yelling through the window at you.”

The council president said he has received no complaints from the public until “Ms. Carr gets hired by the farmers’ market and now she is demanding that we turn over this lot to them at no charge and create a permanent place for the market.”

“I love the market … but nobody said it was a permanent deal. It was land that was not being used and we said, ‘Sure, you can use it temporarily.’ I do know that when they were moved there, it was not my impression that they were moved there permanently.”

Jankowski said the city would like to help them find another location, preferably close to downtown. He also said the farmers’ market has the option to purchase city-owned property at the fair market rate and erect its own structure, adding that nonprofits such as Genesee/Orleans Council on Substance Abuse and Alcoholism and YMCA invest their own money to construct their own buildings.

He suggested moving it behind the YMCA.

“They’re going to be having a big wellness thing there (Healthy Living campus) and maybe the best place is to move across the street and be right behind the Y,” he said. “We’re trying to help them find a location, but from what I’m told, they want the place they’re at now and nothing we offer is acceptable to them at this point. Personally, the way they’re acting, I have lost interest in the farmers’ market being there even another year.”

Who are the Bullies in This Situation?

While Jankowski contends the farmers’ market is trying to “bully” the city, Carr said it is the other way around.

“We are being bullies by asking for conversation? A bully is someone who dictates terms and that’s what the city is doing to us. We’re in a totally reactive position. We have no clout,” she said.

Carr said she seeks to inform Council members of information that needs to be considered.

“I’m bringing to their attention a New York State Field & Fork survey that shows groundswell that that area is the perfect location for the market – as 73 percent of the customers are able to walk and bike (to get there),” she said. “In addition, in 2018 across the nation was the beginning of a movement (that) everyone wants more local produce from their farmers’ markets. And just recently, USDA (United States Department of Agriculture) issued an RFI (request for information) stating that by the year 2050, 40 percent of all locally grown produce must come from locally grown in order to reduce the carbon footprint by 50 percent.”

She also said that people need to be educated on the relationship between COVID-19 and healthy eating.

“How can you make decisions with such game-changing facts in front of you based on data that’s five years out of date?” she asked. “COVID is the game-changer here. It’s a known fact that eating more produce increases your immunity and it’s from only your locally grown produce where you get optimal nutrition. These changes are taking place and they have been going on for quite a while and you’ve missed this data.”

Carr said directors of the farmers’ market plan to meet on Nov. 16 to discuss their options, mentioning that she has reached out to Congressman Chris Jacobs to see if he could assist in helping them to locate some funding independent of the city.

“As far as the farmers’ market and the reception that the farmers’ market received, including Mr. Jankowski slamming our lead farmer, why wouldn’t we just pack up and move to Batavia Downs or get someone to underwrite us and go elsewhere?” she asked. “What’s the point in staying Downtown because the city doesn’t want us there? They’ve been kicking us around, year to year, going on the 12th time in the course of 15 years, without conversation. Does that seem right?”

Previously: Farmers' market treasurer provides information in response to City Council's queries

Previously: Farmers' Market manager asks Council to reconsider placing new police station on Alva Place lot

Previously: Placement of 'nomadic' Genesee Country Farmers' Market is up in the air once more

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