city council

The City of Batavia issued a press release this morning advising of a Special Conference Meeting at 8:30 a.m. Thursday in the Council Board Room on the second floor of the Batavia City Centre.

The Batavian has learned from multiple sources that Council will interview finalists for the vacant city manager position at the meeting, which will go into executive session immediately and is closed to the public.

The meeting agenda, per the city’s website, is as follows:

• Call to Order.
• Executive Session ... Employment Matters to Discuss the Potential Appointment of a Particular Person.
• Adjournment.

Interim City Manager Rachael Tabelski has publicly announced her intention to apply for the position.

Council members, citing confidentiality issues since a potential candidate is currently working for the city, have not revealed any information about the number of applicants or the professional search process.

Tabelski has been serving in the interim role since June 22, two days after the city and Martin Moore mutually agreed to terminate his contract.

Tear up the contract with Genesee County and sign a new one with the Genesee Area Family YMCA.

That is what Interim City Manager Rachael Tabelski believes is the best course of action when it comes to providing services to Batavia’s young people, beginning with the start of the 2021-22 fiscal year on April 1.

Tabelski, in memos to City Council, points to significant cost savings by letting YMCA staff run the city youth program and additional savings by ending the intermunicipal agreement with the county that provided an executive director to oversee both county and city youth programs.

Both measures are on the agenda of Monday night’s Conference Meeting at the City Hall Council Board Room. The meeting is scheduled to begin at 7 o’clock.

Council charged Tabelski, in conjunction with the City Youth Advisory Board, to send out a request for proposal for organizations interested in delivering youth services, specifically at the Liberty Center for Youth on the City Church St. Anthony’s Campus at 114 Liberty St. and during a summer recreation program at city playgrounds.

In a memo dated Feb. 15, she said the city received two proposals and one “no” bid. After scoring the two and interviewing YMCA personnel, the selection committee gave the nod to the YMCA, which received the top score.

The proposed agreement with the YMCA, per the memo, stipulates that the YMCA “will provide (services) equivalent or better than the youth services the city has provided in the past, the term … is for four years and matches the lease terms (with City Church) to use the Liberty Center for Youth, and the agreement can be cancelled with 60 days’ notice by any party.”

Tabelski wrote that the city will save $69,639 in expenses for the first year and approximately $261,461 over the life of the agreement, assuming an annual 2.5-percent increase in cost to the city via wage increases, etc.

A chart showing the cost to the city was included in the memo, and reads as follows:

2020-21

• City provided service, $239,516, Rent, $13,200; Community Garden, $1,000. Total, $253,716.

2021-22

• City provided service, $245,504; Rent, $13,200; Community Garden, $1,000; Total, $259,704.
• YMCA Cost per Agreement, $175,865; Rent, $13,200; Community Garden, $1,000; Total, $190,065; Savings, $69,639.

2022-23

• City provided service, $251,641; Rent, $13,200; Community Garden, $1,000; Total, $265,841.
• YMCA Cost per Agreement, $184,658; Rent, $13,200; Community Garden, $1,000; Total, $198,858; Savings, $66,983.

2023-24

• City provided service, $257,933; Rent, $13,200; Community Garden, $1,000; Total, $272,133.
• YMCA Cost per Agreement, $193,890; Rent, $13,200; Community Garden, $1,000; Total, $208.090; Savings, $64,043.

2024-25

• City provided service, $264,381; Rent, $13,200; Community Garden, $1,000; Total, $278,581.
• YMCA Cost per Agreement, $203,585; Rent, $13,200; Community Garden, $1,000; Total, $217,785; Savings, $60,796.

The total savings from 2021-2025 add up to $261,461.

While the “City provided service” line increases by 2.5 percent each year, the “YMCA Cost per agreement” line increases by 5 percent each year.

When asked why the city would experience a 2.5-percent annual increase in costs and the YMCA contract was going up by 5 percent annually, Tabelski said that is what the YMCA is requesting.

As far as the annual costs for running the two programs, services at the Liberty Center for Youth will cost the city about $35,000 more than what it will pay for summer recreation.

Pact with County No Longer Necessary

Furthermore, Tabelski wrote that the city will save $21,711 over the 2021-22 fiscal year by terminating the agreement with Genesee County – a pact that began in 2011 and enabled one person to direct both the county and city youth programs.

Jocelyn Sikorski resigned as executive director late in 2020, a year that saw the Liberty Center for Youth having to close due to COVID-19 concerns and the city to cut youth program staffing due to budget constraints.

In her memo, Tabelski reported that there would be no need for an agreement with the county if Council approves the YMCA taking over, and that the city manager would oversee the youth services contract.

City Council President Eugene Jankowski Jr., contacted today, said he is pleased to see the cost savings and added that he had confidence in the YMCA, which currently has a shared services agreement with the city at the Liberty Center for Youth.

“As it appears now, it would be very difficult to turn away the large savings for the same service,” he said. “I can’t speak for other Council members, but in my mind, saving a quarter of million dollars over five years and have the Y do it at the same location, is definitely something I have to consider.”

Between the interim city manager’s report and public comments, the Batavia City Council tonight heard about and touched upon several topics beyond the nuts and bolts of scheduling public hearings for the 2021-22 budget, water rates and amendments to the Downtown Business Improvement District Plan.

The Business Meeting at the City Hall Council Board Room, which lasted only 25 minutes by the way, included:

• Discussion of the City of Batavia Police Collaboration Advisory Stakeholder Group, which is wrapping up its tasks as required by Gov. Andrew Cuomo’s Executive Order 203 on community policing reform;

• Staffing of the Department of Public Works, and the police and fire departments in light of the city’s fiscal constraints;

• Budgeted funds for improvements at Falleti Ice Arena, which are sorely needed, according to a longtime “hockey mom”;

• And, barely, an update on the search for a permanent city manager, a process that was prompted by the departure of Martin Moore almost eight months ago.

Furthermore, Interim City Manager Rachael Tabelski’s report provided some insight on the police station feasibility study (and its effect on the Genesee Country Farmers’ Market), Community Garden on MacArthur Drive, Jackson Square improvement project, and the City Centre feasibility study.

City resident John Roach, a frequent contributor to Council meetings, posed questions regarding the future of the police stakeholder group, city manager search and essential services’ staffing.

Police Advisory Stakeholders Group

On the police advisory group, Roach applauded the city’s intention to continue meeting after the final report is submitted to New York State by April 1, but wanted assurances that any committees would include only city residents.

“I don’t want anyone else outside the city telling us how to run our local police department,” he said.

Tabelski’s response indicated that a “subcommittee” or “focus group” has planned to meet on its own with Chief Shawn Heubusch and the Batavia City School District as needed, so she didn’t think the recommendation would be “to keep that as a standing committee on behalf of the city.”

She and Council President Eugene Jankowski Jr. agreed that a concerted effort would be made to make sure city residents only would participate on any ongoing “community engagement committee.”

Professional Search for a Manager

Roach then asked about the status of the manager search, noting the amount of time that has elapsed.

His specific questions: “Have we got any updates on the search headhunter group? Did they find any candidates yet? And while the search is supposed to be free, there are always costs. Have we incurred any costs yet related to the search for the city manager?”

Council Member John Canale, part of the search/screening committee, offered very little in return, continuing an exercise that has been kept away from the public eye. Previously, The Batavian reached out to Canale for a few more details about the search but he did not respond to a telephone call or email.

“In regards to the manager’s search, I will not comment on specifics, but just to let you know that we are engaged with the recruitment company (The Novak Consulting Group of Cincinnati, Ohio) and we’re moving forward with our national search and we’re in that process right now,” Canale said in response to Roach. “There will be more to come.”

The search/screening committee advertised in national publications prior to a Dec. 30 deadline – about six weeks ago -- for candidates to submit their resumes.

Moore and the city mutually agreed to part ways on June 20. At that point, Tabelski, who was the assistant city manager, moved into the top spot until a permanent manager was found. She has since revealed that she has applied for the job.

Moore’s leaving prior to serving two full years also triggered a provision in its contract with Novak to obtain a “free search” for his replacement. Nonetheless, the city is anticipating some expense, including the cost of placing job vacancy notices.

Public Works, Police, Fire Staffing

On DPW, police and fire staffing, Roach said he wanted to know the number of employees and vacancies in each department, and asked, “If there are future vacancies, do you intend to fill them or just keep letting the numbers drop because of the budget?”

Tabelski replied that there are four vacancies in the fire department, with one to be filled and three to remain vacant “to achieve our budget number.”

She said the police department is down two employees.

“Contractually one of the vacancies will stay frozen for three years through a retirement incentive and the other, if and when there is funding to fill that, we’ll look forward to doing so,” she said.

DPW Superintendent Ray Tourt said there are 16 employees in his department – down one position (which is frozen this year) at the Bureau of Maintenance. He added that DPW has 14 primary pieces of equipment with one in the process of being repaired.

“One is kind of part-time,” he said. “That’s the old girl that broke down this weekend, but we’re putting her back together for the next one.”

Funding Improvements at the Ice Rink

Council heard from two city residents who wrote letters of support in favor of implementing budgeted capital improvement funds for upgrades at the Falleti Ice Arena on Evans Street.

One was from Mary Ellen Reardon, a “hockey mom” who noted that she has seen no improvements in many years and called the facility “the most poorly maintained rink in the Western New York region.”

She wrote that she has worked at the rink, her husband played in the Genesee Amateur Hockey Association as a youth and then in the Batavia Men’s Hockey League, and their three sons currently play hockey at various levels.

Other topics covered during Monday night's meeting:

• Police station feasibility study -- Tabelski said Heubusch has provided much information and is prepared to work on preliminary items that “may require us to be on that site (Alva Place parking lot) over the summertime, leading into the meetings that I’ve had with the Public (Farmers’) Market Treasurer Sharon Brant.”

The Farmers’ Market has operated at the Alva Place parking lot for the past five years.

Tabelski said she hopes the market will be able to find a site downtown this summer and a long-term location downtown as well, but they need to identify the appropriate place.

“At the end of the day, it is their choice where they operate,” she said. “If there are only one or two city locations and they are not – they don’t see those as valuable – they may not be in the downtown, but I hope that we can find a way to make it work.”

• Community garden on MacArthur Drive -- She said the project is going forward this year, adding that Tourt and the DPW are coordinating communications with the garden board.

• Jackson Square DRI project -- Tabelski said a public engagement meeting for the $750,000 Downtown Revitalization Initiative project at Jackson Square, located between Jackson and Center streets, is scheduled for 6 p.m. on Feb. 18 via Zoom videoconferencing.

“It’s an opportunity for citizens to hear about the project and help shape what that project would look like. It’s probably one of the best community spaces we have and we want to use it more often with more events,” she said.

In December, Council voted in favor of a $114,720 contract with Architectural Resources of Buffalo for engineering services to renovate and enhance the Jackson Square entertainment venue.

• City Centre feasibility study -- “The City Centre feasibility study is being finalized and will be posted on the city website very soon, and we will be submitting for reimbursement for that grant,” Tabelski advised. “That will help inform us on how to move forward with the City Centre DRI $1 million project.”

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As expected, Council scheduled a public hearing for 7 p.m. Feb. 22 on the budget, a $16.79 million general fund budget spending plan that currently calls for a 1.38-percent increase in the property tax rate. The annual property tax increase on a home assessed at $100,000 will be about $13.

Public hearings to establish new water rates, meter fees and capital improvement fees, and to amend the Batavia Downtown Business Improvement District Plan also were scheduled for Feb. 22 at the same time.

A public hearing about the Community Development Block Grant, a program of the New York State Office of Homes and Community Renewal, took place tonight, but no one from the public or Council commented. The city seeks to obtain a CDBG grant to fund infrastructure projects.

On Monday night, the Batavia City Council is expected to schedule a public hearing on the municipality’s 2021-22 budget, a $16.79 million general fund spending plan that currently calls for a 1.38-percent increase in the property tax rate.

While the tax hike is modest (the annual increase will be about $13 on a home assessed at $100,000), in Councilperson-At-Large Robert Bialkowski’s eyes it still is significant and could be a harbinger of things to come.

“Three of us are Councilman-At-Large and we have to look at the whole city for the budget, not just an individual area,” Bialkowski said today. “The individual council members are all in there, doing what they’re supposed to do by fighting for their neighborhoods and all that, but everybody has been cut in the budget. And I think that this is just the beginning of more to come.”

Bialkowski called out the state and federal government for mismanaging their finances.

“When you look at the state being millions of dollars down the rat hole, and the federal government spending money that we don’t have – borrowed money, I think it’s time for people to start doing more for themselves and getting use to not having some of the nice things that they’re used to having,” he said.

“This winter is good example. People need to get out and start shoveling their sidewalks, not expecting the government to do everything for them. Still, all the services are there – the police and fire departments’ shifts will be fully manned. We made cuts in every department; every department is feeling the pinch.”

Department Heads to be Commended

Bialkowski credited the city’s department heads for coming through “in stellar fashion.”

“They’ve sharpened the pencil and eliminated things that we can live without,” he said, “but as far as being a short-term problem, I don’t think so. Everybody is looking for grants but grants are from the people.”

On the tax increase, he said that people who have lost their jobs due to COVID-19 “don’t have $12 or $13 now (to pay their taxes), and they won’t have it next year. We’re very aware of the financial situation.”

He said he also is worried that owners of rental units in the city, some who haven’t seen any rent in close to a year, will walk away from their properties – creating another potential loss in revenue to the city.

In closing, Bialkowski said “overall, I’m comfortable with it (the budget), and if people have a real serious objection, they’ll have an opportunity for input at the public hearing (which is set for 7 p.m. Feb. 22 during Council’s Conference Meeting).

Interim City Manager Rachael Tabelski, in a video interview with The Batavian on Friday, echoed some of Bialkowski’s sentiments, especially noting that the budgetary crunch could continue on for quite some time.

Tabelski: 'Can't Sustain This Forever'

“I would say the average home that’s (assessed at) $100,000 will have an increase of $13 on their city tax bill annually – a dollar a month increase. But, I will say that the city can’t sustain this forever, so we’re going to be looking at … how we do this moving forward,” she said. “The news on the sales tax was pretty good, only down 1 ½ to 2 percent. There are positive things that are happening but it’s still too early to tell.”

Tabelski said revenue is down about $800,000 compared to last year.

“I’d say the hardest part about this year is the loss of revenue plus the increase in costs,” she said. “Our best asset in the city is our personnel and we have great people that work on behalf of the city in public safety as well as clearing the roads and in our clerk’s office. It was very difficult to have positions that are going to remain frozen. We originally scheduled a layoff but now we don’t have to do that.”

She said not being able to fill every position puts an added burden on employees who work in the various city departments.

“This is a budget that I don’t like. I don’t like this budget but it is fiscally accurate and it doesn’t put a huge burden onto the property taxpayers, (the amount to be raised by taxes is $5.8 million) but just the uncertainty of the pandemic and the situation that our residents are in, exceeding the (state’s 2 percent) tax cap was not advised and certainly Council did not want that to happen,” she said. “So, we were able to deliver a budget that did not do that.”

Tabelski said city employees historically have “done a lot with a little,” and she is confident that all will pull together “to get through this crisis to get to more stable times.”

“And the state government is a factor in this, too, because that’s where some of our aid loss is coming from, and not just in sales tax.”

Options to View the Meeting

Monday’s City Council meeting starts at 7 p.m. at the City Hall Council Board Room.

As the Yellow Zone restriction was lifted from Batavia, this meeting will be open to the public with appropriate face masks, social distancing and temperature screening upon arrival.

Options for viewing the meeting include Batavia News Service YouTube Channel: https://www.youtube.com/channel/UCOdvZ9lGH0FiD9ADz6Cg6EQ

Livestreaming on Facebook: https://www.facebook.com/bataviany/

Spectrum Channel 1301 – 9 a.m. Feb. 10 and 8 p.m. Feb. 12.

The agenda also includes the following:

• A public hearing to provide information on the Community Development Block Grant program through the state Office of Homes and Community Renewal. The city is hoping to obtain a CDBG grant to fund infrastructure projects.

• Scheduling of public hearings on Feb. 22 to establish new water rates, meter fees and capital improvement fees, and to amend the Batavia Downtown Business Improvement District Plan.

Water rates and quarterly meter service fees are projected to increase by 3.5 percent, with quarterly capital improvement fees increasing by 10 percent.

Amendments to the BID Plan center upon three proposed capital projects -- downtown marketing banners ($9,000), downtown music equipment ($30,000) and downtown Christmas decorations ($38,000) – and the amount of the BID’s assessment charge to its members.

While pleased that the Batavia City Council voted to support the My Brother’s Keeper initiative designed to help boys and young men of color with their academic progress, Batavia City School District Superintendent Anibal Soler Jr. believes that some clarification about the program is warranted.

“Regarding the My Brother’s Keeper story (that was posted on The Batavian on Tuesday – the day following the City Council meeting where the measure was discussed at length before passage), I believe there was some unfamiliarity with what the grant was requiring and the tight timeline for submission to the New York State Education Department created some additional angst,” Soler said.

According to documents provided to Council members by Interim City Manager Rachael Tabelski, the school district came to the city, seeking a municipal partner in order to apply for the NYSED grant, with a Feb. 1 deadline being set for this year’s grant cycle.

Goals of the program, an extension of an initiative promoted by former President Barack Obama several years ago, include forging teacher/community relationships to address learning needs at every grade level; enhancing family relationships; creating a culturally diverse and engaging atmosphere for learning; and utilizing school, family and community to provide the best opportunities for academic, social and emotional growth.

As explained by Tabelski in a memo to City Council, the city’s role would include advertising the MBK program, providing public meeting room space, and providing mentors and homework assistance at the Liberty Center for Youth afterschool program.

Soler said he followed up with City Council President Eugene Jankowski Jr. after the meeting to “clarify any confusion or answer any additional questions he may have had, and thanked him for his support.”

“The MBK grant is supplemental funds to support the district's efforts on increasing the academic achievement and college and career readiness of boys and young men of color by sustaining effective relationships with families,” Soler said. “The grant doesn't obligate the city for any services; it just allows them to endorse and or partner in our efforts to pursue this funding opportunity and if we receive this grant we would be able to supplement any city efforts on family and community engagement.”

Jankowski, during Monday night’s meeting, said he was concerned about the last-minute timing of the grant and also about the cost to the city, especially considering that city officials are in the midst of developing the 2021-22 budget.

The city council president ultimately voted in favor of supporting MBK as did the other Council members in attendance, except for Rose Mary Christian, who said she was going to contact the Civil Liberties Union about the legality of an initiative that targeted a specific group.

When asked why he voted in favor of it, Jankowski said he believes the program has merit, but needed “to understand how this would impact our community, and there was a tight time deadline.”

“After doing some research, getting some answers during the Council meeting and the reassurance of Council Member Patti Pacino, a retired teacher, I felt comfortable voting yes,” he said.

When it was mentioned that it seemed to be something that the school district and Genesee County were negotiating over originally, Jankowski said he wasn’t sure of that, but is “hopeful that the city/school partnership for this program will turn out to be a positive one.”

Christian, contacted this morning, said she did call the CLU but did not receive a response.

“I just felt bad because they didn’t include girls,” she said. “It doesn’t matter what nationality they are or what heritage, it just didn’t include them. Like (Council Member) John Canale said, it’s for Hispanic, people of color, the Black community – that’s fine – but what about Caucasian?”

Christian said students across the cultural spectrum need help “and our teachers should be available to give as much help as possible to all that need it.”

Previously: Council members voice objections but vote to support My Brother's Keeper school initiative

Batavia City Council members called out the Batavia City School District over the timing and the focus of the My Brother’s Keeper initiative on Monday night -- following a somewhat strained 25-minute discussion – before approving a resolution to support the program designed to enhance educational and vocational opportunities for boys and young men of color.

“What have we been doing for five years if we knew this and why haven’t we been helping these children five years ago?” asked Council President Eugene Jankowski Jr. during the board’s Conference Meeting at City Hall Council Board Room.

Jankowski was referring to the My Brother’s Keeper program introduced by former President Barack Obama about six years ago.

“If I remember correctly, President Obama brought this to light in 2014-2015 and New York State adopted it in 2016, and now you’re telling me the studies already show that we have youth in our own community that are identified as having concerns or troubles, and they’re not at the same level?” Jankowski said.

“What are we doing in the school system right now to help these kids – persons of color or others that may need it – and why are we waiting a week before the deadline and trying to force this through without public input when we knew about this in 2016 since this grant was out there?”

Jankowski said his concerns centered upon the amount of money the city would be required to support the initiative through mentorships and homework assistance at the Liberty Center for Youth afterschool program and if it was really necessary since the school district is responsible for educating its pupils.

“How did we drop the ball on this especially, although it’s not your concern, (since) I get complaints from people all the time about why their taxes are so high and the school taxes are a major part of it,” he said. “And they’re expecting a service for the children of our community and I’m a little upset that we’ve not done anything for five years for these kids.”

Christian: What About Girls, Other Students?

Prior to Jankowski’s observations, Council Member Rose Mary Christian objected to the program’s targeted focus on boys and young men of color.

“How come girls aren’t included in this and all students?” she asked, directing her query to Julia Rogers, assistant principal at Batavia High School, who was in attendance. “You’re singling out a group.”

Rogers said the program is based on data that shows that students of color – children, young men – do not have the same opportunities as other groups.

“It would be one of those programs that is focused for students of color but a lot of the ideology … for instance, the mentorship – we would be continuing with other students,” she said. “My Brother’s Keeper is a program that is offered through many districts, and basically, it shows a partnership to help these students in Batavia.

"Our numbers in the UPK (Universal Pre-Kindergarten) program are low for students of color. And to work with families from birth to school age to encourage that education and teaching how to educate your children at home. There are a lot of components to that mentorship.”

Rogers said services would be provided throughout students’ school years and could “lead to educational opportunities at the college level and also to business opportunities.”

“So, it’s basically bridging that gap – interagency possibility – for students to have opportunities,” she added.

While acknowledging Christian’s viewpoint, Rogers said that “in reality, those students are the ones who are having difficulties, and there are major gaps for those students.”

“So, what we’re looking for is to have this program and to be able to bridge from it so that our students in all aspects of school … can have a better opportunity.”

Christian wasn’t persuaded, however.

“You’re going to allow anyone to participate because if not, I find it discriminating and it bothers me,” she said. “I’m not a racist person by no means, and this bothers me. So, otherwise, I am going call tomorrow to the Civil Liberties (Union) because I want to make sure that there’s nothing that anyone is denounced in here for any person.”

Tabelski: Municipal Support Required

Interim City Manager Rachael Tabelski proposed the city join forces with the school district in a memo dated Jan. 22, and emphasized that the grant had to be submitted by the end of this month. That’s why it was on the agenda of both the Conference and Special Business meeting that followed last night.

She said that the district obtaining a municipal partner was one of the requirements set forth by the New York State Education Department.

“The program, from my understanding of it … is to support residents of color from birth to graduation of high school to achieve better outcomes through mentorship, through community involvement, through college preparation and all other aspects,” Tabelski said. “It is a targeted program; it’s new for Batavia. I don’t believe we ever had this before and we’re asking that the city sign on and say, ‘Yes, we support this and we think it’s a good idea.’ ”

Tabelski said that the city’s commitment would include advertising on its bulletin boards, introducing students to other community groups they might need to partner with, providing opportunities for students to meet with mentors at the Liberty Center for Youth and providing the homework assistance “that we do at our free afterschool program when it is running at Liberty Center for Youth.”

She also revealed that initial talks about the grant were between the school district and the Genesee County Youth Bureau.

“There was once a conversation with folks from the County Youth Bureau and the youth director. I came in last minute, so forgive me. I’m just trying to help them move this through,” she said. “But originally the plan was to partnership mainly with the county-run programs – the Youth Court and the Youth Leadership program … and to let them know that the city – we do direct programming, we don’t actually run those programs although we participate.”

Tabelski said the agreement was amended to highlight the city’s potential involvement.

“I am the one who suggested that these programs would be something that we would be willing – the City as we move forward, depending on COVID, depending on budget, depending on staffing -- to partner and to allow that center to be a place where the mentors and mentees, and homework can continue to happen.”

Bialkowski: Who Will Provide Homework Help?

Council Member Robert Bialkowski, citing the city’s role in the partnership that includes providing homework assistance, asked who would be providing this service.

Tabelski responded that the city already does this at the Liberty Center for Youth.

“So, whether we contract with the contracting agency in the (proposed) RFP (request for proposal) or we have our own city staff there, it’s already going on. It’s a continuation of what we already are doing,” she said.

Bialkowski then mentioned that city youth services are on hold at this point, and suggested language in the contract that shielded the city from financial obligations if the money wasn’t there.

“We could certainly add that language in there,” Tabelski said, but City Attorney George Van Nest disagreed, saying he didn’t think it was necessary because any private sector agency (or an entity such as a school district) would be subject to any government restrictions in place.

Jankowski said he thought it was “odd” that the school district is the fiscal agent but was asking the city for in-kind support.

Rogers replied that the district already has a “multi-care system approach” to education and mentioned its “great graduation rates.”

“This is another program that we felt would assist us as a school district and as a community to bridge that gap and offer more opportunities to students,” she explained. “It is a program that helps bridge the gap and enhance and cultivate those educational, workforce opportunities for students.”

Jankowski: Why is This Being Pushed Through?

Jankowski noted the school’s budgetary shortfall and, again, questioned why this was “getting pushed through tonight and we haven’t even done our budget yet. We’re voting on this resolution to partner in a grant and these things might not be here.”

Council Member Al McGinnis called it an important issue and encouraged public input before voting to support it.

““We need public input on this. I don’t think we can proceed without having public input, and I’d like the language changed to say all children,” he said.

Again, Jankowski voiced his displeasure with the last-minute notification that put Council on the spot.

“The timing is the problem here,” he said. “We don’t even know what our budget is like. As far as supporting it and moral support … I’m comfortable with that part of it. I don’t know where we’re going to end up from here (with the budget). I don’t what them to apply for that grant and then something comes up beyond our control, and now we’re not able to meet our obligations.”

Council Member John Canale asked Tabelski if there would be any additional cost to the city once the youth center gets up and running. Tabelski said there wouldn’t, prompting Canale to urge his colleagues (Jeremy Karas and Paul Viele were absent) to vote to support it, contingent upon available funding.

That seemed to change Jankowski’s mind as he then commended the program’s priorities and benchmarks, while noting that “people of color” encompasses a larger group of people than just those of African-American descent.

Pacino: If We Can Help, Then Let's Help

Then Council Member Patti Pacino, a longtime educator, spoke in favor of the initiative.

“For all this time, before this came along, we take care of kids who come from families who are Muslim, kids that come from parents who only speak Spanish, kids that come from Black families that have no money. That’s all been going on,” she said. “Now, we can say wait, here’s another program that we can add to our programs.”

“Yes, this one belongs to Black young men that happens to be one where these kids are having problems and these kids are getting into trouble. That does not mean that other kids aren’t. It’s an expansion – one more great thing to do for kids. I’m all for saying we support it and we’ll come up with the money if we can come up with the money. It’s not that we’re taking it over, and it’s not that they haven’t been doing it.”

After Jankowski asked how many students would participate in the program (Rogers said she estimated around 100), Canale said this was an opportunity to “invest in our youth to improve our youth in Batavia -- some of these underprivileged, underserved youth that will stay in Batavia, (and) will be more productive community members as they become adults.”

The resolution was then moved to the Special Business meeting where Christian tried to proposed an amendment to include girls and any students of any color.

That was dismissed, however, due to the parameters of the My Brother’s Keeper initiative.

A vote to support the school district was taken with all Council members except Christian voting in favor of it. McGinnis said he was voting yes, “with reservations.”

In other action, Council:

• Forwarded resolutions concerning the 2021-22 budget ordinance and tax levy; establishment of new water rates, meter fees and capital improvement fees, and amendment of the Batavia Downtown Business Improvement District Plan to its Feb. 8 Business meeting, with expectations that public hearings for all these measures by scheduled for 7 p.m. Feb. 22.

Currently, the budget calls for a 1.38-percent increase in the property tax rate, from $9.59 to $9.73 per $1,000 of taxable assessed value, with a tax levy of $5,864,597.

A budget workshop took place following last night’s Business meeting and another is scheduled for 6 p.m. next Monday.

Water rates and quarterly meter service fees are projected to increase by 3.5 percent, with quarterly capital improvement fees increasing by 10 percent.

Amendments to the BID Plan focus on three capital projects in the pipeline for 2021-22 -- downtown marketing banners ($9,000), downtown music equipment ($30,000) and downtown Christmas decorations ($38,000) – and the amount of the BID’s assessment charge to its members.

• Set a public hearing for 7 p.m. Feb. 8 to apply for a 2020 New York State Community Development Block Grant through the state Office of Homes and Community Renewal. Applications are due by March 5 for public infrastructure, public facilities and planning.

Tabelski said the city is looking at obtaining grant funding for “several infrastructure projects,” specifically mentioning rehabilitative work at the fire station and bureau of maintenance, and a water line project.

• Appointed Lydia Schauf, a former city youth bureau employee, to the City Youth Board advisory group for a term extending through Dec. 31, 2023.

Update: Jan,. 25, 2 p.m.

Please be advised that Batavia City Council will be holding the 2021/22 budget work sessions on the following dates:

Monday, Jan. 25, 7 p.m. -- Conference Council Meeting, Special Business Meeting &  Budget Work Session (Department of Public Works)

Monday, Feb.  1, 6 p.m. -- Budget Work Session (General Gov’t, General Admin Services, Fire & Police)

Wed., Feb. 3, 7 p.m. --If needed – 3^rd Budget Work Session

Monday, Feb. 8, 7 p.m. --- Business meeting, introduce budget ordinance

Monday, Feb 22, 7 p.m. -- Conference Meeting, (Last opportunity to make budget amendments)

Monday, Mar 8, 7 p.m. -- Adopt Budget and Related Resolutions.

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The process of achieving a 2021-22 spending plan for the City of Batavia is expected to move forward on Monday night with the introduction of resolutions to schedule public hearings on the budget ordinance and establishment of new water rates, meter fees and capital improvement fees.

City Council is scheduled to meet in Conference and Business sessions at 7:30 p.m. Monday at the City Hall Council Board Room.

In a memo to City Council dated Jan. 14, Interim Manager Rachael Tabelski indicated that public hearings are necessary prior to any execution.

Tabelski is proposing that the budget and water rates resolutions, along with a third resolution dealing with amendments to the Business Improvement District Plan, be considered at Council’s Feb. 8 Business Meeting and that public hearings be set for 7 p.m. Feb. 22 – the date of Council’s next Conference Meeting.

Earlier this month, Tabelski proposed a 2021-22 tentative budget – a $27.7 million all-funds spending plan – that calls for a 1.38-percent increase in the property tax rate (from $9.59 to $9.73 per $1,000 of taxable assessed value). According to a resolution on the table for 2021-22, the amount to be raised by taxes is $5,864,597.

Tabelski has said that a combination of revenue losses due to COVID-19 and decreased sales tax and state aid have resulted in a $1.2 million gap compared to the previous fiscal year.

In the area of water and meter fees, the resolution introduces a local law to establish new rates, with water rates and quarterly meter service fees going up by 3.5 percent and quarterly capital improvement fees increasing by 10 percent.

Changes to the BID Plan, outlined in red in Council’s packet of information, indicated that the BID has about $260,000 in its capital infrastructure fund to be used for capital projects. Three such projects earmarked for 2021-22 are downtown marketing banners ($9,000), downtown music equipment ($30,000) and downtown Christmas decorations ($38,000).

Other amendments show that the BID’s district assessment charge (a revenue source) – excluding debt service – can’t exceed 20 percent of the total general municipal taxes levied in a year against the taxable property in the BID. Thus, it is currently estimated that that figure is $58,000, and the BID’s assessment is estimated at $1.810873 per $1,000 of assessed value.

Other items of note on this Monday’s Conference Meeting agenda:

• Review of the draft report presented by the City of Batavia Police Collaboration Advisory Stakeholder Group, which has met several times in accordance with Gov. Andrew Cuomo’s Executive Order No. 203 on community policing reform.

Tabelski is suggesting that Council look over the plan and issue it for public comment, and then move it forward to the March 8 Business Meeting where she and Police Chief Shawn Heubusch will review the public comments with Council, prior to the board adopting the plan and sending a certified copy to the New York State Office of Management and Budget.

• A request by the City of Batavia School District for the City to support the district’s application for funding that the My Brother’s Keeper Initiative, a NYS Education grant program.

In a memo dated Jan. 22, Tabelski wrote that the partnership is designed “to increase the academic achievement and college and career readiness of boys and young men of color.”

The memo indicates that the City will support the program, provide “parent engagement and education, mentorship, college and career pathways, and other evidence-based strategies,” provide display space on bulletin boards and brochure racks, provide ADA-accessible public meeting room space, provide mentors at the City’s Liberty Center for Youth afterschool program, and provide homework assistance at the Liberty Center for Youth.

• A resolution to schedule a public hearing for 7 p.m. Feb. 8 to apply for a 2020 New York State Community Development Block Grant through the state Office of Homes and Community Renewal. Applications are due by March 5 for public infrastructure, public facilities and planning.

In a memo dated Jan. 22, Tabelski explained that proposals must meet at least one of two national objectives – at least 51 percent of the persons who would benefit from implementation of the plan are low- or moderate-income persons or the plan addresses a slum or blighted area in the community.

She wrote that the City is reviewing possible projects that align with its strategic plan, primarily infrastructure ventures related to water, wastewater and facilities.

Tabelski is suggesting that both the My Brother’s Keeper and the CDBG resolutions be moved to the Business Meeting this Monday night due to timing issues.

In the coming weeks, Batavia City Council members will engage in a review process to finalize the city’s 2021–22 budget based on Interim City Manager Rachael Tabelski’s recommended cutbacks to municipal services amid COVID-19 financial challenges.

At Monday night’s City Council business meeting, Tabelski presented a proposed pathway to economic recovery that summarized city revenues and expenses. She said that despite her pride in generating a financially sound budget, it was difficult to put together a fiscal plan because of income losses related to pandemic shutdowns and the subsequent economic downturn.

“I can honestly say that none of us like this budget,” she said. “The restraints and restrictions forced upon us by reduced revenue and state aid will not allow the city to operate as business as usual. There are services that will need to be reduced or cut altogether if we are to achieve a budget within the tax cap.”

She said city budget shortfalls have been compounded by a projected 20-percent decrease -- $350,000 -- in aid and incentives for municipalities. State and federal relief measures have focused on providing businesses with loans and grants, and individuals with stimulus checks, unemployment benefits and eviction and foreclosure moratoriums.

“Within the latest stimulus bill that was passed, there was yet no aid to local governments,” she said. “There is potential for local government funding relief with the new administration, but at this time there are no guarantees and it is not reflected in the fiscal ’21–’22 budget.”

Resident service scalebacks include reduced staffing levels at the local police and fire departments, community policing, arts funding, academic development, special police details and community events. Administrative services, public works and government personnel expenditures will also experience significant cost reductions.

“Restorations of these services will ultimately depend on the economic recovery of the nation as a whole or re-examining priority services for the city,” Tabelski said.

Though cuts and hiring freezes have occurred across departments, increases in city employee wages and expenses, like Social Security and retirement costs, will leave a $1.2 million gap between revenue and expenditures in comparison to the previous fiscal year.

The prospective budget includes the layoff of an ordinance enforcement officer, a retirement incentive for a police officer and several unfilled jobs. Tabelski said the city remains committed to investment in workers compensation and health insurance, budgeted at $294,000 and $2.6 million, respectively.

The property tax rate increase is slated to be 1.38 percent, which would change the rate from $9.59 to $9.73 per $1,000 of taxable assessed value. This year, the city saw a $175,000 decrease in sales tax — its largest single source of annual revenue — and a general fund decline of approximately $800,000.

“The current conditions in the general fund are unsustainable,” Tabelski said. “Future budgets will depend on the ability of the economy ... to recover lost state aid, for us to find sources of revenue.”

Tabelski said the city should become less dependent on the fund balance, reserves and water fund revenue in budgets going forward. She suggested to council members that renovations to commercial and residential properties throughout the community could serve as valuable income streams.

“Despite these difficult economic times, the City of Batavia continues to see investment and economic development in terms of construction and building improvements,” she said. “There are many active developers looking at our city for market-rate housing projects that will draw new small businesses downtown.”

The interim city manager praised Batavia government leaders for their efforts and expressed confidence in their planning to deliver the services that city residents and employees require.

“I anticipate that our budget work sessions to follow will be extremely detailed and filled with proactive conversations so the city can achieve the budget that meets the needs of the organization, the employees and our residents,” she said.

In other action, City Council:

• Endorsed a Batavia Business Improvement District application to the 2020 New York Main Street Anchor Grant for a multipurpose events and entertainment space. If awarded the state grant for up to $500,000, the funding would be used to renovate the external façade and interior of the Batavia Showtime movie theater at 6 Alva Place.

• Approved a resolution that authorized Council President Eugene Jankowski Jr. to sign the amended Dwyer Stadium leasing agreement. This is a five-year agreement in which the Batavia Regional Recreation Corporation will lease the stadium to CAN-USA Sports LLC. 

• Heard from City Attorney George Van Nest that local code enforcement deadlines are being delayed by the state legislature’s COVID-19 Emergency Eviction and Foreclosure Prevention Act. The act extends New York’s eviction moratorium until May 1 for tenants who have endured pandemic-related hardship.

The first budget work session will be held after the council’s next conference meeting at 7 p.m. Jan. 25 in the Council Board Room on the second floor of City Hall, followed by a second session Feb. 1.

The Batavia City Council on Monday night will be asked to consider a proposal from the owner/operator of the Elmira Pioneers, a team in the Perfect Game Collegiate Baseball League, to place a PGCBL club at Dwyer Stadium for the 2021 summer season.

Interim City Manager Rachael Tabelski this morning informed The Batavian that Robbie Nichols will make a presentation during Council’s Special Conference session to take place via Zoom videoconferencing at 7 p.m.

It will be followed by a Business Meeting where the board – if it likes the idea – is expected to vote on a lease agreement with Nichols’ enterprise, known as CAN-USA Sports LLC. Nichols and his wife, Nellie, also own the Elmira Enforcers of the Federal Prospects (Ice) Hockey League.

“Robbie Nichols has been approved by the (PGCB) League to start and operate a team here in Batavia,” Tabelski said. “He has been interested in putting together a second team in the league and, with things happening the way they did with Major League Baseball, he actually had reached out to the (New York-) Penn league, and the NY-P put us in touch with him.”

Tabelski said representatives of other teams contacted her, “but none had league backing already -- nor a record of success in owning a team in this league.”

According to a memo from Tabelski to City Council dated Jan. 4, the terms of a new lease agreement to use Dwyer Stadium are as follows:

• A five-year lease;
• Rent from Year 1-3, $1; Year 4, $7,500 (placed into the Dwyer Stadium Capital Reserve Fund); Year 5, $10,000 (placed into the Dwyer Stadium Capital Reserve Fund).
• Operator pays for the field maintenance and utility costs to operate.
• Operator will allow use of the field, as appropriate, to community groups, Little League, high schools, etc.

The City has had long history with a Batavia professional baseball franchise, starting in 1939 with the Batavia Clippers as an original member of the Pennsylvania-Ontario-New York (PONY) League.

The Batavia team later was named the Indians, Pirates, Trojans and Clippers (again) before taking the Muckdogs name in 1998 based on a fan poll that chose the nickname and logo.

In 2019, Batavia celebrated its 80th anniversary as the only founding member of the league still in existence.

Since then, MLB has taken control of Minor League Baseball and discontinued short-season competition, with the Muckdogs not among the teams invited to remain as a Major League affiliate.

Tabelski wrote that the PGCBL was founded in 2010 by eight summer baseball teams across Upstate New York in conjunction with Perfect Game USA, baseball’s premier scouting service. The league’s eight founding members were in Albany, Amsterdam, Cooperstown, Elmira, Glens Falls, Mohawk Valley, Newark and Watertown.

Per its website, current teams are located in Watertown, Adirondack (Boonville), Newark, Mohawk Valley, Utica, Oneonta, Albany, Saugerties, Geneva, Elmira, Amsterdam, Glens Falls and Jamestown.

Due to COVID-19, the league cancelled its 2020 season.

For more information about the league, go to www.pgcbl.com.

A telephone call to Nichols was not returned at the time of the posting of this story.

Everything is coming together at the right time for the City of Batavia to embark on an ambitious revival of the City Centre Mall and surrounding area, according to Ed Flynn, director of planning for the consulting firm of LaBella Associates in Rochester.

“We think the stars are aligned at this point,” said Flynn, during a presentation at Monday night’s City Council meeting at the City Hall Council Board Room. “We’ve got the agreement in place, executed for the City Centre. We’ve got the $1 million in DRI (Downtown Revitalization Initiative) funding. And we’ve got a ton of other projects that are either in the pipeline or in the works downtown that are going to complement each other as they happen.”

Flynn, a Batavian, said LaBella Associates is the lead consultant for the state funded DRI project, working in conjunction with Underberg & Kessler LLP (legal) and Archer (graphic design).

An advisory committee also played a key role in pinpointing how the city will spend the $1 million, along with looking “at other things besides the mall property, and the mall building itself,” Flynn said.

Members of the advisory committee are Interim City Manager Rachael Tabelski, Public Works Director Matt Worth (recently retired), Water/Wastewater Superintendent Bill Davis, Batavia Development Corporation Director Andrew Maguire, City Council Member Jeremy Karas, Paul Gister of National Grid, Business Improvement District Director Beth Kemp, and Genesee County Economic Development Center President Steve Hyde.

The group’s proposal centered on creating a comprehensive package of information about the mall and the city – “getting that information into one place,” Flynn said – along with defining mall concourse improvements, providing cost estimates, exploring additional funding, reaching out to the public and stakeholders, preparing for future development and satisfying agreements with owners of businesses in the mall.

“We have been working to not only determine the best ways to use the resources of the $1 million DRI grant at City Centre, but also future components of what the interior of our City Centre Mall and the entire campus would look like,” Tabelski said.

Key points of Flynn’s presentation included a plan for concourse renovations and options for mall merchants to enhance the façades of their businesses.

It also brought to light a theoretical component outside of the scope of the DRI -- a three-story, 70,000-square-foot residential/commercial building on the east side of the mall at the corner of Alva Place and Bank Street, adjacent to where the proposed new police headquarters would go.

“That is conceptual based on the market,” Flynn said, adding that developers have inquired about opportunities for housing and, possibly, commercial ventures. “It’s a vision of what could work and what is deemed by the public as acceptable.”

Flynn said the DRI grant would just about cover the cost of concourse work, which would consist of removing and replacing the floor tile (which currently doesn’t match); painting walls, columns and crossbeams; installing low-level lighting, and removing and replacing the silo entryways “that never have been very attractive or functional.”

He noted that the city already has invested about $600,000 to repair the roof – a longtime problem, with that investment completing its DRI responsibility.

Private investment to upgrade individual storefronts (not a cost to the city) for mall business owners are optional, Flynn said, but incentives of up to 75 percent reimbursement may be available.

As far as Bank Street is concerned, Flynn said the mixed-use building has the potential to generate $19 million in private, new investment.

“Obviously, there would be a lot of tax revenue that would be created as part of that, but also with all of the new folks living downtown and some of the commercial activity – it would create a lot of vitality downtown and start to enclose Bank Street, which is pretty wide open right now,” Flynn said.

He also presented figures revealing that there will continue to be plenty of available parking – at least 590 spots -- even with the new building, when considering off-street parking lots and Alva Place and on-street parking.

“I think the takeaway from this is with the project, you’ll be able to satisfy both the DRI and the mall agreement objectives; also, be able to potentially develop some lots … at the City Centre and create some tax revenue … and also that you have enough funding to actually do what you need to do at the mall with the DRI funding,” he said.

At that point, Tabelski reminded Council members that one portion of the roof has yet to be completed – near Dan’s Tire Service – and bids for that work will go out this spring. That piece is part of the agreement between the city and mall merchants, she said.

Council Member John Canale asked about the Downtown Theatre 56 plan to complete its façade work with the DRI money it obtained, but Tabelski said the cost of all the interior work left no money for the outside renovations.

“Our intent is to look at a Main Street grant to complete that façade work,” she said.

In a related development, Council approved a resolution to apply, through the Batavia Development Corporation, for a New York Main Street grant for up to $500,000 to assist Theatre 56 with the completion of its project.

In a memo to City Council, Maguire outlined the BDC’s successful track record of obtaining Main Street, Anchor and Building Improvement Fund grants, and noted that matching funds for the Theatre 56 project would include money from the Batavia Players and its DRI.

Maguire, responding to a question from Council Member Rose Mary Christian about the return to the city in property and sales taxes, said he couldn’t provide an exact figure, but would research it and get back to the board.

Renderings at top of the City Centre Mall entryways and concourse and rendering at bottom of a conceptual building on the Bank Street corridor, courtesy of LaBella Associates and the City of Batavia.

Batavia City Council members tonight voted in favor of appointing attorney Thomas A. Burns as the municipality’s part-time City Court judge and the lifelong Batavian said he couldn’t be more pleased.

“I’m very, very happy. And it’s kind of ironic that I was admitted to practice law 32 years ago this date, and in about 15 days, I turn 60, and I’ve been in this town my whole life and I love this community,” Burns said by telephone following Council’s Conference and Business meetings at the City Centre Council Board Room. “I’m just elated that Council has the confidence in me to do a good job.”

Burns will assume the role that became vacant with the death of David Saleh on Oct. 29. His term begins on Jan. 1 and runs for six years.

Burns, as he mentioned, was admitted to practice law in New York State on Dec. 14, 1988, after receiving his bachelor’s and master’s degrees from the University at Buffalo and his Juris Doctor from Buffalo State University.

He has been practicing criminal defense and litigating civil matters from his Batavia offices since then. He and his wife, Kelly Donohue Burns, an attorney with the Genesee County Public Defender’s office, have a grown daughter, Elizabeth, who works in the commercial field in Boston.

Burns said it is his responsibility to make sure he is accessible when called upon to wear the robe.

“It’s the obligation of a person assuming a judicial position not to get involved in too many cases that are going to involve conflicts,” he said. “You have to be available for not only the time of the court, but the last thing in the world that you want is your conflict providing judge (cases where Rogers recuses himself) to have a boatload of conflicts.”

City Council President Eugene Jankowski said the board interviewed applicants and decided to move forward with Burns.

“Personally, I voted for Mr. Burns because I believe that at this point, he is the best applicant to serve our community and the people of Batavia,” he said. “Hopefully, that will continue on and he will do a great job.”

Council Member Robert Bialkowski said he had nothing against Burns on a personal level, but voted against the appointment due to previous friction between City Court Judge Durin Rogers and Burns.

“I know that in the past he has had a conflict with Judge Rogers,” Bialkowski said following the meeting. “He’s filed complaints with the judicial district against the judge, so I see there would be an animosity. And the other thing, today with there being so many court cases handled by the public defenders -- what happens? – somebody has to recuse themself.”

Bialkowski said he was thinking about “the smoothness of the court” in casting the “no” vote.

“Judge Rogers was the elected judge and he’s full time, so the part-time judge would have to work for the full-time judge. I just see a lot of conflict that’s all,” he said. “I know that Mr. Burns is an excellent attorney and I’ve heard a lot of good things about him, but I don’t like to see people put in a position of conflict.”

Bialkowski also noted mentioned that he could foresee Burns having to recuse himself in cases involving his wife in her role with the Public Defender’s office.

When he brought that point up during the meeting, Jankowski replied that there is a "similar situation right now (as Rogers' wife, Paula, also is an attorney in Genesee County) and it's working just fine."

Burns, when informed of Bialkowski’s comments, expressed a measure of surprise.

“Let me say this. We’re all grown people and lawyers are litigators and advocates for their perspective positions and I understand my function – my function is a part-time judge,” he said. “I am not the elected judge. I am there to adhere what the Office of Court Administration expects of me to be fair and impartial and to support the full-time judge and providing coverage of the court – dealing with conflict issues that the judge might have. And if he steers it my way, it’s my obligation to take care of those cases.”

Burns said it was “unfortunate” that Bialkowski feels that way, but “there certainly is no conflict from my perspective.”

In other action, Council passed the following resolutions:

• Contracts with Empire Access for $3,500 to connect city facilities with fiber internet and $8,400 annually for a five-year service agreement;

• Granting of access to the New York State Department of Environmental Conservation to perform environmental cleanup work at 267 Bank St., a small parcel of the Dwyer Stadium property;

• $114,720 contract with Architectural Resources of Buffalo for engineering services in connection with the Jackson Square renovation project, one of the city’s Downtown Revitalization Initiative awards;

• Appointments of Ryan Duffy and Connie Boyd to three-year terms as members of the city’s Historic Preservation Commission.

Press release:

Please be advised there is a City Council Conference and Business Meeting (one meeting this month due to the Holidays) scheduled for tonight, Dec. 14 at 7 o'clock in the Council Board Room on the second floor of the Batavia City Centre.  

• This meeting will be closed to the public in light of the Governors announcement made this morning, moving the City of Batavia to a Yellow Zone Designation due to COVID-19.
• The press is invited to attend in person and cover the meeting live with appropriate facemask and social distancing.
• Members of the public that would like to make a statement to the Council regarding agenda items can write to the City Clerk at hparker@batavianewyork.comprior to the meeting and she will read your email during the meeting -- public comments section. 

Options for viewing the meeting:

Batavia News Service Youtube Channel and City’s Facebook (later in the evening): 

• https://www.youtube.com/channel/UCOdvZ9lGH0FiD9ADz6Cg6EQ
• Spectrum Channel 1301 – Wednesday, Dec 16th at 9 a.m. and Friday, Dec. 18th at 8 p.m. 

The agenda is posted on the City website at the following URL link: 

Conference:  https://www.batavianewyork.com/city-council/agenda/conference-agenda-12-14-2020

Business:  https://www.batavianewyork.com/city-council/agenda/business-agenda-12-14-2020

Batavia City Council is expected to vote tonight to fill the vacant part-time City Court judge position.

Council President Eugene Jankowski said today that the board met on Friday in executive session to consider candidates for the position, coming to a consensus but not taking an official vote.

He said that is on the agenda for the Conference/Business meetings set for 7 o’clock at the City Centre Council Board Room.

“We did it the same way we proceeded the previous times (to fill vacant justice positions),” Jankowski said. “Then we made sure to check that the person was still interested, and we will conduct an official vote tonight.”

It is believed there were at least two persons interested in the post, but Jankowski would not reveal any names. The position carries a six-year term, effective Jan. 1.

The vacancy occurred upon the Oct. 29 death of David Saleh, who was appointed as part-time City Court judge in December 2019.

In other developments, Council is expected to consider:

• A resolution authorizing a contract with Empire Access, headquartered in Prattsburgh, to provide the city with secure fiber internet to connect all facilities at a cost of $3,500 and for a service agreement for five years at an annual cost of $8,400.

Empire Access was one of nine companies to respond to a request for proposal from the city, which, according to Interim City Manager Rachael Tabelski, is experiencing slow connection speeds and connectivity problems with its current point-to-point/multipoint radio-controlled wireless system.

Tabelski said the other firms that submitted bids were First Light, Granite, NetWolves, Nitel, Marchese Computer Products, Spectrotel, Spectrum and TDSUSA.Net.

• A resolution to give access to the New York State Department of Environmental Conservation to a small parcel of the Dwyer Stadium property at 267 Bank St. for environmental contamination cleanup in connection with remedial work at the Batavia Iron and Metal site next door at 301 Bank St.

• A resolution to enter into a contract for $114,720 with Architectural Resources of Buffalo for engineering services for the $750,000 Downtown Revitalization Initiative to renovate and enhance the Jackson Square entertainment venue.

The City of Batavia is taking a “fix it before it breaks” approach to upgrading the internet functionality at its facilities.

City Council, at its Dec. 14 Business Meeting, is expected to vote on a resolution to contract with an internet provider to equip the municipality with a secure, high-speed fiber connection.

Interim City Manager Rachael Tabelski reported at last week’s Conference Meeting that she received nine proposals, including bids from local companies Empire Access, Spectrum and Marchese Computer Products (in tandem with another firm).

Tabelski, in a memo to Council dated Nov. 17, wrote that the current point-to-point/multi-point radio controlled wireless system that connects City facilities shows signs of aging (it is believed to be at least 12 years old) – and is beset by "sporadic internet connectivity and very slow connection speeds.”

She also emphasized that if a radio should malfunction completely, the cost to repair it could climb as high as $35,000.

Council President Eugene Jankowski Jr. said the City should “get ahead of it before it breaks down and we have to fix it.”

The resolution set to come before Council calls for the board to approve a long-term service agreement with the selected provider (to be determined). Originally, Tabelski planned for a capital cost not to exceed $25,000 to complete the internet fiber project.

In another development, Council forwarded a resolution to the Dec. 14 Business Meeting that grants the New York State Department of Environmental Conservation access to a small parcel of the Dwyer Stadium property at 267 Bank St. for environmental contamination cleanup in connection with remedial work at the Batavia Iron and Metal site next door, at 301 Bank St.

Previously, the DEC was given permission to access land at 299 Bank St., which also is part of the Dwyer Stadium property. Additional remedial work is scheduled for that parcel as well.

Tabelski, in a memo dated Nov. 16, wrote that the DEC expects minimal disturbance in the Dwyer Stadium parking area (267 Bank St.). She said the DEC plans to solicit bids for a contractor next spring and start work in the late summer or early fall.

City Attorney George Van Nest said that the city will be protected through insurance and access agreements with the chosen contractor.

A letter from the DEC to the city indicated that remedial activities generally will include “excavation and offset disposal of contaminated soils and sediment, soil sampling, backfilling excavations with clean soil, surveying and property restoration.”

The DEC is responsible for all expenses involved in the cleanup operation.

The spirit of Thanksgiving filled the Council Board Room at the City Centre on Monday night when two City of Batavia firefighters were honored upon their retirement and the department received “invaluable” parting gifts from one of them in return.

Council members Robert Bialkowski and Kathleen Briggs read proclamations recognizing the work of Tom Douglas and Tim Stengel, who served the city for 22 and 20 years, respectively.

After each of the men had a chance to briefly express their feelings, Douglas presented – to a standing ovation -- the department with 10 personal thermal imaging cameras for each crew member to have when confronting a fire.

“We’ve always both believed that when you’re done with something, you should give something back,” Douglas said, looking at his wife, Debbie, who stood by his side.

He said he brought his idea to fellow employees, Adam Palumbo (the union president) and to Chief Stefano Napolitano and “we all came to an agreement.”

Douglas said the cameras will help keep firefighters safe.

“If we get a big incident, we’re covering a large warehouse or something, trying to find something, we’ve got two or three cameras,” he said. “Now, each one of the guys on the crew will have a personal camera that can go in to either help them find what they need or else to help them get out or locate a body and things like that.”

Napolitano, acknowledging the generous gift, said that “unless you’re in our line of work, you don’t really realize what an invaluable tool this is.”

“The ability of each firefighter to carry their own personal imaging camera while they’re inside of a structure doing an initial size-up is invaluable. This is an example of Tom and Tim as senior firefighters, even in retirement, they’re still giving and still mentoring.”

The chief said losing their experience hurts the department, but he is proud to know that the younger firefighters have “learned from two of the best.”

“The result is they learned how to become a senior firefighter because they’re going to do things better, they’re going to do things more smartly,” he said. “These 10 tools are going to enhance getting them to where you two guys are.”

Douglas started as part of the city’s ambulance crew before being promoted to firefighter in September 2000. He was respected as the driving force behind the department’s Emergency Medical Services program, being certified in several areas. He retired on Oct. 15.

Stengel, who retired on May 26, was recognized for being a mentor to new employees by sharing his knowledge and his professionalism.

Both expressed their love for the community and thanked city leaders, coworkers and family for their support.

Top photo: City Council Member Robert Bialkowski and retired firefighter Tom Douglas; bottom photo, City Council Member Kathleen Briggs and retired firefighter Tim Stengel. Photos by Mike Pettinella.

Keep City of Batavia afterschool youth services in the same building. Provide the same service or better. And do it for the same money or less.

City Council President Eugene Jankowski Jr. cut to the chase tonight, starting a discussion about the municipality’s youth bureau with this clear directive to Interim City Manager Rachael Tabelski. He also said it is imperative that the City of Batavia Youth Board is involved in the process.

“I would request that she (Tabelski) pursue cost-saving measures involving the Youth Bureau – Youth Board and the Youth Bureau – to not cut any services and to not move the building,” Jankowski said at the Council Conference Meeting at City Centre Council Board Room.

“In other words, I want the same services and I want the same building on the Southside – the Liberty Center (for Youth) on the City Church St. Anthony’s campus on Liberty Street – where it is now. So, that’s your starting point, and if you could please explore options of finding alternative ways to provide that service for less money. And please include the Youth Board in your discussions, so they have some input on it.”

With that, city management and the Youth Board, which serves at the direction of City Council in an advisory role, will explore ways to continue to effectively and efficiently provide afterschool and summer programming for Batavia’s young people.

The future of City of Batavia youth services became a somewhat heated topic earlier this month when a resolution to dissolve, a year early, a longstanding joint agreement between the city and county to share a youth bureau executive director came before two Genesee County Legislature committees.

It was presented as a cost savings for the city, which shares the expense of the director, Jocelyn Sikorski. The county’s Human Services Committee passed the resolution, but the Ways & Means Committee tabled it after learning of objections outlined in a letter sent to the media by the Youth Board.

Youth Board members stated that they were not asked for their opinion and were wary of putting city youth services into the hands of an outside entity.  Youth Board members David Twichell and Paula Fischer voiced their concerns at the last City Council meeting, fearing that a contract for the Genesee Area YMCA to run the program was a “done deal.”

Tonight, it seems as though city leaders and the Youth Board have settled their differences, according to Fischer, who was at the meeting.

“I have been in a lot of phone communication today with Dave Twichell, our president of the Youth Board, and with President Jankowski,” she said. “Everything has been very positive. I guess I expect things to move a little bit quicker when somebody says ‘let’s set up a meeting’ but I talked with the Council president and I said that we will be patient and work together.”

Fischer said what Council agreed to tonight was “what we wanted after the last Council meeting, so I’m very excited to move ahead and work with City Council and the city manager to retain the same level of services – and ‘reimagine’ youth services as our governor says all the time.”

“So, we’re going to reimagine youth services and we’re going to keep the same level of services as dictated by Council. So, it’s all very positive,” she said.

Council Member Al McGinnis, liaison to the Youth Board, noted Twichell and Fischer’s 20 years of combined service to city youth as he relayed the former’s request.

“Dave has three suggestions, that’s all they are, suggestions from the Youth Board for us,” McGinnis said. “One is to sever as of Jan. 1 an agreement with the county as planned by Rachael and Jocelyn. We restore the full-time position from Lydia Schauf (who left city employment for another job following a hiring freeze) and plan the reopening of Liberty Center – and again, they are well aware of COVID and also well aware of the budget restraints that we will be facing.”

McGinnis said the Youth Board wishes to retain the Liberty Center and as many summer programs as possible.

“We’re not trying to massage any egos here; all we’re trying to do is what is best for the children – the youth of Batavia – and for the city taxpayers,” he said.

He also said that if the city did contract with the YMCA, the Youth Board would continue to exist and serve in an advisory capacity, and that City Council would continue to have a member on the Youth Board.

McGinnis said that a meeting of the Youth Board is scheduled for Dec. 15, and it was his hope that a “compromise” could be worked out.

Jankowski quickly reiterated that what he said is “just directing” and suggested scheduling a meeting of all parties prior to the Youth Board’s regular meeting on the 15^th.

“I would just ask the public and the Youth Board’s patience because right now my main priority as a Council member is the safety of the community under this pandemic … and at best, there’s really not much that is going to happen with the Youth Board until spring. It doesn’t mean that we have to wait until spring to discuss it.”

After that, Council Member Robert Bialkowski requested to see a spreadsheet of all costs related to youth services (Fischer said the yearly budget is around $168,000). He also asked about the possibility of a 'request for proposal' to go out to interested outside organizations to avoid any preferential treatment.

Jankowski said the city already has a contract with the YMCA at the Liberty Center and questioned the feasibility of bringing in another company. In any event, he again emphasized that it is Tabelski’s responsibility to look into these aspects and that no plan is in place at this time.

Council Member Rose Mary Christian applauded City Church staff for the way it has run its youth activities in recent years and made it clear she is in favor of keeping city youth services at the Liberty Street location.

“I certainly, definitely do not want it to move from that area,” she said. “There’s a lot of children. Their parents don’t drive … We don’t need to have the kids out on the street. They need something structured for them so they can become … responsible young adults.”

Previously: Council member vows not to cut city youth services, assures advisory board that it will be involved

Previously: City Youth Board at odds with management over future of afterschool, summer programs; county takes a step back

Previously: County's termination of youth bureau agreement to save City of Batavia $20K next year

Having a role in the successful completion of a municipal project has provided a sense of satisfaction to City of Batavia Public Works Director Matt Worth, but it pales in comparison to his appreciation of and attachment to the people he worked with over the past 34 years.

“The people I have worked with I just can’t say enough about. I’m getting all choked up thinking about it, really,” Worth said during a telephone interview with The Batavian as he winds down a distinguished career with the city.

Worth’s official retirement date is Jan. 15, but his last day on the job – due to time earned – is Dec. 11.

His final City Council meeting is tonight’s Conference session at the City Centre Council Board Room, where he will receive a proclamation from lawmakers, honoring him for his dedicated service.

The 56-year-old lifelong resident of the Pembroke area said he has a special place in his heart for the people who believed in him and labored by his side.

“A lot of people gave me an opportunity or a chance, and I can’t thank them enough. I can name names, but I don’t want to leave anyone out,” he said.

Still, he first mentioned (the late) Dennis Larson, the former Public Works director who hired him back in March 1987 – “Dennis is someone I always thought the world of,” Worth said – and he thanked John Schaefer (former Water & Wastewater superintendent) and Len Walker (former Public Works director) for their expertise.

City Workers a Close-Knit Group

When it comes to his coworkers, Worth said they were like family.

“Those guys were special. When there was a water main break in the middle of the night and you’re out there in the freezing cold, you counted on each other to be there for each other,” he said. “Jim Ficarella and Bill Davis (retired and current Water & Wastewater superintendents, respectively), and the crews. There’s a sense of camaraderie and friendship and professionalism that I will always treasure.”

Worth began his career with the city – following a short stint with the Genesee County Highway Department – as an engineering technician and was promoted to deputy superintendent of water/wastewater in 1999. He took over as superintendent of that department three years later.

In July 2015, he was appointed Public Works director. The promotion put him in charge of the Bureau of Maintenance (Streets & Sidewalks), Bureau of Water and Wastewater (Water Plant and Sewer Plant), Bureau of Inspections (Code Enforcement) and Bureau of Engineering, with responsibility for approximately 50 employees.

During his tenure, he has been involved in numerous public works projects, including street reconstruction, water and sewer plant upgrades, and capital infrastructure planning.

“The projects that we’ve done over the years are the things that I’ve really craved,” he offered. “A project gets done and there’s a tangible change that happened – something that you can really see … the road got plowed, the road got paved, a new water line got put in, whatever that may be.”

Keeping a Low Profile is Just Fine

He said he understands how important public works are to residents and doesn’t mind flying under the radar.

“If we’re doing it right, the people don’t notice you’re doing it. There’s a certain satisfaction in that,” he said.

“When the kids come through on tours of things, we tell them that Public Works is the department that you touch and feel every day. You’re using the streets, you’re walking on the sidewalks, you’re using the water, you’re flushing the toilet. That interaction is very real with the services that Public Works provides compared to fire and police and other big departments that really you don’t have to interact with them, even though they’re a higher profile profession.”

In January 2018, Worth took over as interim city manager after the departure of Jason Molino and served in that role for about 10 months.

“That year of me being upstairs as the interim city manager, I really missed DPW,” he said. “The city manager position is more of a higher-level planning, with stuff more in the future and not readily tangible, so that’s why I was quite ready to get back to Public Works.”

He did such a fine job as interim city manager that he was selected by the Genesee Valley Branch of the American Public Works Association as the 2018 recipient of the Public Works Leader of the Year in the Administrative Management Category.

Worth said he had plenty of support during that time.

“I was very fortunate that I had really good people (department heads) when I was upstairs here – Ray Tourt (Department of Maintenance), Jim Ficarella, the two superintendents – they really ran the Public Works department for those 10 months, and did a really good job as there were projects still going on,” he said. “A lot of people pulled together, understanding that there was a vacuum and we all needed to help each other to get through it.”

Looking Back at Specific Projects

When asked about specific projects that stand out, Worth mentioned the new sewer plant construction, a $45 million venture that took place during his first year with the city.

“Being a young kid who doesn’t know a darn thing and walking into a huge project like that, I got exposed to so many different aspects of construction and large-scale projects,” he said. “What an opportunity to observe that and learn from that. That was on the very front end, but that sticks in my mind.”

He also said mentioned the Main Street reconstruction in 2003 and 2004 – “the road was in such bad shape,” he noted – and talked about some of the benefits of the smaller, residential street projects.

“You got to meet the people who lived there and you built relationships with them,” he said. “I remember some older people who lived on the street – by the end of the summer they were giving me canned tomatoes and offered to pray for you at night. That was a fun aspect of working in a municipality. You get to meet the people.”

As far as unfinished business, Worth remembers his first day on the job, performing survey work on Oak Street to prepare for a new street, Cecere Drive.

“It was a small subdivision with a few houses to be built there, but there ended up being a conflict over some property deeds or something, and that project never happened. That one never made it to the finish line.”

Hope Ahead for the City Centre Mall?

Worth acknowledged some “missed opportunities” in regard to building a new police station, but is pleased to see that it finally is on track.

“We always were going to do something, but something would come up and it got put off. The police need a new headquarters. The old City Hall (former Brisbane Mansion) is about 200 years old and trying to function as a police station.”

He said he is optimistic that a solution to the City Centre Mall dilemma is near. He called the initial concept of the Genesee Country Mall a mistake, “having all of these individual ownerships with this common hallway in the middle of it.”

“I was involved in that on several different levels over the years. I think frustration would be the word here, but I think moving forward there are opportunities that will be very positive – considering the DRI (Downtown Revitalization Initiative) redevelopment work.”

When it was mentioned that at least the roof has been repaired, Worth said the last section is scheduled to be done in the coming year … “and then all the buckets go away, right?”

Council President: He’s Going to be Missed

City Council President Eugene Jankowski Jr. said Worth deserves to enjoy his retirement, admitting “we’re going to miss him tremendously.”

“He’s done a lot of work; he’s involved in a lot of the projects. He stepped up even as assistant city manager for a time and was able to lead the ship for a couple months while we got things squared away so, he’s going to be missed for sure,” he said.

Jankowski said he is sure Worth has imparted his knowledge to put the city in position to promote his replacement from within.

“Hopefully, we’ve done our job and there are people in place to take over, but I know that Matt is that kind of guy -- a teacher and a mentor to a lot of the employees that he works with. So, I’m sure there will be somebody qualified to take the reins,” he said.

Tourt, a city employee for nearly 22 years, started out in the Engineering Bureau, working with Worth.

“They’re really going to miss him and they don’t realize how much yet. He’s been a real good boss and he’s been a great mentor and he’s been a good friend. He has really looked out for the operations of the city and always put the city first,” he said.

Worth said he intends to find another job, but is not sure of the line of work.

“I’m hoping to find somebody that has a need for an old, washed-up Public Works director, I guess,” he said, downplaying his experience. “I’m leaning toward something local. I really do enjoy living here and have lived here all my life.”

He also said that he and his wife, Joan, will have more time with the family – their grown children, Adam and Kathryn, and two grandchildren, ages 1 and 3 – and continue to enjoy their walks at the Iroquois Wildlife Refuge.

“It’s a chance to give the dog some exercise,” he said.

Press release:

Please be advised there will be a City Council Conference Meeting scheduled for Monday, Nov. 23 at 7 p.m. in the Council Board Room on the second floor of the Batavia City Centre. This meeting is open to the public. Face masks and social distancing will be required. 

Options for viewing the meeting:

• Video News Service YouTube Channel and City’s Facebook (later in the evening):
• Spectrum Cable TV Channel 1301 – Wednesday, Nov. 25th at 9 a.m. and Friday, Nov. 27^th at 8 p.m.

The agenda is posted on the City website.

Batavia City Council members vigorously defended themselves Monday night after a city resident called them out for not communicating effectively with their constituents.

Sammy DiSalvo, speaking during the public comments portion of the Business Meeting at the City Centre Council Board Room, said he was there to “talk about a larger issue that seems to be facing Council and city government as a whole – the lack of communication from city officials and from Council.”

“Elected officials are meant to represent and listen to citizens, not to ignore what citizens say," DiSalvo said. "Elected officials are meant to represent and listen to citizens, not to pursue personal interests. Elected officials are meant to represent and listen to citizens. This lack of communication from our City government is not acceptable.”

DiSalvo ran against incumbent Council Member Jeremy Karas last week for the unexpired term for Councilman-at-Large, but is trailing by 636 votes pending the counting of absentee ballots.

He gave examples of what he called Council’s “persistent refusal to listen to and communicate with residents” and said it was a “disgrace” that no Council member responded to a woman’s concerns when she spoke a couple weeks ago.

DiSalvo mentioned the problems with the deer committee over the summer and with the City Youth Board.

“These are two committees that Council has put together – both committees that Council decided not to inform of things happening until after decisions were made,” he said. “What’s the point of having a committee if you’re going to make decisions without them?”

He also criticized city leaders for their role in turning the farmers’ market situation “into a media and Facebook fight.”

“There’s also a lack of listening to the community over the construction of where the (new) police station should be and there is a lack of listening to the community over what to do with the mall when the entire community says, ‘Get that thing out of the city’s hands and stop investing money in it,’ and you all want to double-down on it,” he said. “People did not want that mall when it replaced beautiful Main Street back in the late '60s  and early '70s and they don’t want it in 2020.”

DiSalvo said residents have complained to him that no Council members have social media to share their real-time thoughts on Batavia.

“To which I have no response, other than it is much easier to be a mouse and hide than it is to speak out and risk being burned,” he said, before crediting the city for increasing its frequency of posts on its social media site.

Council members, in their responses, rejected DiSalvo’s scathing assessment.

-- John Canale: “I take offense to that Mr. DiSalvo. I listen to my city residents. I listen to the ones who contact me. I don’t go by what I’m reading on social media because I don’t believe most of what I read on social media. My constituents call me, as I am sure they do my colleagues, when they have concerns – or they send me an email or they show up at my front door, my front steps, and believe me that has happened quite often. So, the people that call me, I respond to. If I get an email, I immediately forward it to her to look into it for me and as soon as she gets an answer, she responds back to me and I forward that to my constituent.”

On the police station issue, Canale said Council took the task force’s recommendations and tried to purchase its first choice, but when that fell through, went with another one of its suggested sites (Alva Place parking lot). As far as responding to public speakers, he said he will respond if he has an adequate answer and, if not, will look into the matter further.

-- Paul Viele: “I have to agree with John, With the farmers’ market, we own the property. Why would we buy another piece of land and put the police station on there? That’s common sense. I coach hockey and I coach baseball, I’m all for the youth. When John said we’re not going to cut the youth (programs), we would never do that. And I also take offense to being called a mouse because I’m not on social media. Mr. DiSalvo, you have not a clue of what we do in here. What you do and what you see, when you sit back there, so I take offense to that.”

-- Kathleen Briggs: “I really take offense that I don’t listen to my constituents. I have a lot of problems in my (Fifth) Ward, and I’m telling you that my constituents, they know. They call me Monday through Sunday, anytime, I’ve gotten calls at 8 in the morning, and if I’m not home, I have a machine and they leave a message on my machine and I get back to them immediately and I listen to their concerns, I go to the proper department and I get back to them as soon as I can. I really take offense to the fact that we have someone saying that I don’t listen to my constituents. That’s appalling to me.”

-- Robert Bialkowski: “As far as not responding, I spent three hours on the phone yesterday discussing issues with various people … and today I spent two hours on the phone. Topics of conversation were about the youth bureau. The way it works, citizens are on top of the pyramid. Period. End of story. The individual citizens here, they call the shots. … We’re policy makers. We don’t run the city day-to-day. When it comes to the youth bureau, that’s policy … that’s up to us. And if we make the wrong decisions, then I guess some of us won’t be here in the future.”

He did acknowledge DiSalvo’s concerns about the deer committee, saying it “turned out to be a nightmare for everybody involved, and I apologize for that. It shouldn’t have happened.”

“My bigger concern is that when we use committees and we use boards, let’s treat them fairly and include them into the decision-making process. I don’t like making a decision and then telling the board about it after the fact. My concern is why would anybody even want to serve on boards?”

-- Al McGinnis: “I spent two hours over tea at my house with (Genesee Country Farmers’ Market Manager) Betty Carr talking about the farmers’ market, and Alva Place and the police (station). What a lot of people don’t realize or refuse to realize is that every single member of this Council spends an inordinate amount of time with their constituents in private – either a personal visit or a phone call. We don’t have to speak up in public; a lot of people would like to talk to you privately … which we do on our own time as part of the job.”

-- Patti Pacino: “Here’s what you need to know – I’m not offended in the least. You have the right to say what you have to say, so there you are. I learned from a great person, Mary Pat Hancock, who taught me to let it roll off your back, live with it, not everybody is going to agree. I want everybody to know that I also listen to everybody on Jackson Square, youth bureau, farmers’ market and all that, she said, adding that she is against the city youth programs being run by the YMCA.”

Another public speaker, city resident John Roach, sided with Council members in that they do listen.

“We just had an election and had two different points of view and the other point of view won (Jeremy Karas) by 600-something votes pending the recount of the absentee ballots,” Roach said.

Then he proceeded to give his thoughts on the farmers’ market and the location of a new headquarters for the Batavia Police Department.

“They’re over there at Alva Place by the good graces of City Council. You allow them to be there. They don’t pay user fees, they don’t pay property taxes or anything else,” he said. “And we’re going to put a police station somewhere and I know that wasn’t the first choice, it wasn’t the second choice, but it is the current choice. We already own the property. Environmental issues are going to be a lot less. There are already utilities there. Let the farmers’ market move.”

Roach said it would be unwise for the police department to move into the former JCPenney store.

“Well, that would mean taking property off the tax rolls and they also pay mall maintenance fees. Let the farmers’ market contact the owners of the Penney’s building. Let them pay rent. Let them move into Penney’s. It’s a huge place. Great place for a farmers’ market,” he said. “Why should the city have to foot the bill to relocate the police station somewhere else and maybe pay another $500,000 to buy another piece of property? It just doesn’t make any sense.”

If City Council Member John Canale has his way, there is no way Batavia’s youth programming will be cut.

Canale, attempting to allay the concerns of City Youth Board representatives David Twichell and Paula Fischer, said he sees the city’s youth program as “an invaluable gem” and said he would do everything in his power to continue or expand offerings to its young residents.

Speaking at Monday night’s City Council Business Meeting at the City Centre Council Board Room, Canale responded to public comments by Twichell, Fischer and Fischer’s son, Andrew, who are troubled about a proposal to contract with the Genesee Area Family YMCA for city youth services.

Currently, the city has a contract with Genesee County to partially a fund a youth bureau executive director, Jocelyn Sikorski, but a resolution – currently placed on hold by the County Legislature – would dissolve that agreement and compel City Council to devise a new plan for youth services.

“Much like Paula, (who) spoke about the youth programs in the city, I grew up every day of my life as a kid at MacArthur Park on Monday through Friday, all day there except for lunch because when I was a kid, they didn’t provide lunch,” Canale said. “The youth bureau is an invaluable gem that we have here in the city, and I have no intention of decreasing the services the bureau offers.”

Canale said the cost to run the youth programs in the city “is miniscule in the whole budget picture.”

“So, I can assure anybody that is here tonight that is concerned about Council doing away with the youth bureau or doing away with the services that we provide our local youth, I can guarantee if any of my Council colleagues brought that up, I would definitely be dead set against it,” he said. “And I don’t think there is anybody here tonight that is against that.”

He then warned people about reacting solely from what they read on social media as well as The Batavian and another local news outlet.

“Don’t believe everything that you read, number one, and try not to formulate your opinion as to what the City Council’s actions are going to be based upon what you're reading on social media,” he offered.

Canale: No Discussion about Cutting Services

Canale said he didn’t recall any discussion pertaining to doing away with the youth bureau or cutting any services.

“Correct me if I’m wrong. Maybe I misunderstood or missed something, Rachael,” he said, looking at Interim City Manager Rachael Tabelski. “Did Jocelyn not come to us as a county employee contracted with the city to share services? Did she not come to us and request that we cut that contract out?”

Tabelski replied, “That is correct.”

Canale responded that “for some reason, it seems like the public is under the impression that we in the city want to cut that out.”

“And the county manager (Matt Landers) also made public comment that I read that they were going to kind of leave it in our lap first to see what move we made first. I want the public to realize that this was the county that came to the city … and requested that maybe we could discontinue that contract.”

Canale said no decision has been made on the status of the contract with the county, stating that it is at the discussion stage.

“We’re looking at all possibilities and Rachael is looking into other possibilities as well as she approached the YMCA to see what they might be able to do to offer as good of services, if not better services,” he said.

He then aimed his remarks at Twichell and Fischer.

Advisory Board will be Involved

“For whatever reasons, the (Youth) board has not been in the communication circle yet, but I would only assume that at some point when the decisions are going to be made, that we would go to our advisory board and say that these are some of our thoughts (and) what do you guys think?” he said.

Canale urged people to not have a “knee-jerk reaction” to the situation based on social media or news accounts.

“This is all still in the talking stages. Nothing has happened. No programs have been cut,” he said.

The city’s youth center – the Liberty Center for Youth on City Church’s St. Anthony’s campus on Liberty Street – has been closed due to COVID-19 and because the city doesn’t have any youth services employees at this time.

“Maybe, like (Council Member) Rose Mary (Christian) said, 'maybe it’s time to look at that,' ” Canale said. “I don’t know. That should be part of the discussion as well. As things start to open up, we could look at that. Or now, obviously on the rise again with COVID, maybe this isn’t a good time to look at that, I don’t know.”

Youth Programming: More than Meets the Eye

Fischer, a member of the City of Batavia Youth Board for 10 years, said she has “fond memories” of the city parks’ program having attended Kibbe and Pringle parks. She is the director of school-based health programs for the University of Buffalo School of Dental Medicine.

She said she has volunteered during city youth events, providing oral health education and giving out hundreds of toothbrushes and toothpaste to kids and families. She called Batavia a great place to raise a family due, in part, to the services it offers to its young people.

Fischer emphasized that the youth bureau “is more than just the summer rec program -- although the rec program is well-known, serving hundreds of children every summer, providing safe, fun and educational programming – including lunch, which is a big help to many families.”

She mentioned several other events and programs under the city youth bureau, including:

• The community garden;
• National Night Out in conjunction with the city police;
• The Liberty Center for Youth with services provided in conjunction with the YMCA;
• Programs run by City Church at the St. Anthony’s campus;
• A partnership with the Batavia City School District for busing to the youth center;
• Summer safe carnival open to the community;
• Youth and volunteer awards banquet at Terry Hills Restaurant;
• A partnership with the Arc of Genesee Orleans for Saturday programs;
• Visitation at nursing homes and the Senior Center;
• Open gym nights and grants for summer recreation tennis programs.

“All of these programs provide a sense of pride in the community to the city residents,” she said.

Fischer said she was asking City Council to work with the advisory board to address budgetary issues and “come together to see if there’s a way we can be mindful of the city budget without decimating youth services.”

“A reduced level of service may be appropriate at this time with time to rebuild in the future,” she said.

Youth Board is ‘Open, Willing to Cooperate’

Twichell, the City Youth Board president, extended an invitation to all City Council members “that we are open and we are willing to cooperate with the city, and we are willing as an advisory board to help guide the process.”

“We know … with these COVID restrictions and the tough economic times we’re facing, we know the city is facing great challenges,” he said. “But there are times when we feel that there is somewhat of a disconnect between the board and the City Council.

"I’m here tonight to open and maybe knock down some of those barriers, and tomorrow I will be putting together an email for each and every one of you that will list all of our contact information.”

He then urged Council members to reach out to the advisory board if they have any questions about youth services.

Fischer’s son, Andrew, a former youth board vice president, said he worked for the summer rec program for five years during his summer breaks from Canisius College, where he earned an MBA in Accounting.

“A lot of our youth programs, specifically summer rec, are great ways for youth in our community to interact with one another and interact with the rec leaders,” he said. “It instilled in me a sense of leadership and a sense of empathy toward some of the kids, who obviously were from tougher situations.”

He said it didn’t “sit right” with him when he heard about youth services possibly changing, and noted that he looked at past city budgets on the website and saw that the summer recreation came in below budget last year.

McGinnis Objects to Sending Letter

Prior to Canale’s comments, Council Member Al McGinnis, the city’s liaison to the youth board, said he didn’t get a copy of a letter sent by the youth board to the media last week – a letter that objected to the resolution to terminate the city/county agreement and expressed the viewpoint that contracting with the YMCA instead was a done deal. (Fischer said that McGinnis and the other Council members did receive the letter).

“If you’re an elected or public official and you’re on a board, it is incumbent upon you to make sure that everyone on the board, whether they agree or disagree, knows that correspondence is going out to the public,” McGinnis said. “If not, the public gets confused when they hear two different sets of a thing. When you do it unilaterally, and basically conduct a rogue operation, without informing everyone, it looks bad for everyone concerned.”

He added, “At the time, the board members could have spoken to us at the meeting and said 'here are our points of view – we’d like to make sure that this is heard by the public.' No one is going to censure or stop a report … We owe it to the public to speak with a unified voice, or at least if it’s not unified, everyone gets a chance to say their piece.”

Christian asked how many kids attend the youth center on Liberty Street and if the city had any youth bureau employees at the center.

Tabelski said attendance ranged between 30 and 50 – “sometimes as low as five” – and that the city had no youth program employees, other than Sikorski, who directs city, Genesee and Orleans county youth activities.

“I look down the street and I see tons of kids out there,” Christian said, referring to the Liberty Center for Youth. She also asked about costs should the YMCA get involved.

Tabelski said that, pre-COVID-19, the city and the YMCA each supplied three or four staff members at the center, depending upon the number of children there, and that the YMCA did not charge the city for those employees,

She also mentioned that the city’s program coordinator, Lydia Schauf, recently took another job with the Genesee County Sheriff’s Office.

Could Youth Center Have Stayed Open?

Christian then questioned why the center has been closed for so long while school is in session.

“It was supposed to be because of COVID," she said. "I see people at Walmart, I see people downtown. I see them at the grocery store, I see people here. I see people everywhere in the city. Those kids could wear a mask like anyone else in the city and they, I’m quite sure, would stop anyone from coming in without a mask.

"And I’m quite sure they would be disinfecting that facility for the kids over there. And they’re playing basketball on Tuesday nights and I haven’t heard of a soul from that center who has COVID.”

After Tabelski explained that the city was unable to hire part-timers (due to a hiring freeze) and, as a result, she contacted YMCA leadership to see if that organization could provide youth services in an attempt to cut costs and “also provide the same level of service.”

“I engaged in a discussion with the YMCA if they could staff the center and until we come to any preliminary contract terms, you’ll have nothing (in the form of a resolution) in front of you,” Tabelski said. “At such point, you would have a presentation by the YMCA on the programming that they can provide for us that is the same or better than what we’re providing today at a lower cost to the residents.”

Christian’s response indicated that she wasn’t buying that explanation.

“Yeah, it was mentioned on The Batavian that we have to think of the taxpayers,” she said. “We sure as hell don’t think about the taxpayers when it comes to lights for Ellicott Street over there for the trail, especially when at 4:30 at night it’s going to be dark in the winter time and the summer time around 9 o’clock. We don’t think about salary increases either, now do we?”

At that point, Paul Viele, who was presiding over the meeting in place of City Council President Eugene Jankowski Jr., who was out of town, cut Christian off.

Tabelski: Let’s Give it Another Try

Minutes later, Tabelski directed her comments to Twichell and Fischer, stating that she came to them during an Oct. 27 meeting in “good faith with ideas on our situation and our strategy.”

“And when you attended the meeting, you sat there, you listened to what I had to say, you listened to my ideas, we had great dialogue. And I am willing to continue that dialogue with you. But I prefer we did it in a committee setting and not go around the committee setting with emails and letters outside of the people on that committee and to the media, so we can really achieve something,” she said.

Tabelski credited the youth board for its commitment to the cause, but said “we have to think differently about this.”

“I am willing to come back and sit with you guys. And this time at the meeting, please speak up because when I left that (previous) meeting, everyone was in agreement to the strategy that I was going to look into and bring to Council.”

After she finished, Fischer attempted to present a “rebuttal,” but was told that she was not allowed to do that. 

“Then I will give my rebuttal to the media and you can read it there,” Fischer said.

Following the meeting, Fischer repeated the youth board’s claim that Tabelski had indicated to them that the decision to dissolve the city/county contract had already been made, and that Sikorski had obtained a grant to direct a Safe Harbor program and “wrote herself into that and changed her job description.”

Fischer also said there is someone who was employed by the city at the youth center who is willing to return to work there.

“When Lydia resigned, they didn’t feel like they had to go back and readdress this,” Fischer said. “They said, ‘OK, great, everybody is gone, and now we can really go and outsource youth services.' ”

She said the youth board is “leery about that.”

“They outsourced the county youth director, and look where we are,” she said. “And I don’t think we’re going to have the same quality of services – and it was our feeling that we had to let the community know.”

Photo: City Youth Board members David Twichell and Paula Fischer speaking to the media following Monday night's City Council meeting. Photo by Mike Pettinella.