city council

A tentative budget of $37 million calls for a 2-cent tax rate increase plus a 19-cent per 1,000 gallons water rate increase according to City Manager Rachael Tabelski’s proposed plan for 2024.

Tabelski laid out her estimated plan as part of a City Council agenda for this week, also keeping in mind that at least five budget workshops are scheduled to discuss city department wish lists and priorities before council votes on a final budget in February. 

The council conference session is set for 7 p.m. Monday at City Hall, to be followed by a business meeting and the first budget workshop of the season. 

There is time allotted for public comments at the beginning of the conference meeting. 

The proposed property tax levy of $6,710,000 would be an increase of $110,000 and mean a property tax rate of $8.96 per $1,000 assessed value, Tabelski said in a memo to council. The $37 million total budget includes $1.37 million for street and sidewalk improvements and $1.13 million for vehicles, buildings and parking lots/sport court resurfacing, she said.

The sewer rate would remain the same, though the water rate is proposed to go up by 19 cents, to $6.46, per 1,000 gallons, she said. Tabelski estimates that to be a tab of $149 per quarter for a family of four per quarter, or about $600 a year. The two-cent property tax increase would add $2 a year to a home assessed at $100,000. 

This budget relies on $275,000 from the Water Fund and another $275,000 of unassigned fund balance, she said, and does not include any video lottery terminal aid or retirement reserves for the city’s annual retirement payment.

There are staffing and core services included in the budget, such as:

• A confidential secretary position or the police department; 
• Funding for another Neighborhood Enforcement Team officer that was added in July of 2023-24;
• Funding for a police officer position that was frozen during the pandemic;
• An additional firefighter position per a contract agreement executed in 2019; 
• Maintaining the full-time positions of parking and recycling officer; and
• Maintaining the full-time ordinance enforcement officer that was included in last year’s budget.

City officials are considering a project that would — after a couple of phases — make Austin Park an entertainment hotspot in the center of Batavia, with a potential pickleball court, outdoor event shell, new picnic pavilion, updated splash pad, carved-out spaces for a Farmers Market and craft fair, an all-inclusive playground, and the thoughtful touches of an entrance archway sign to clearly mark the site from Jefferson Avenue. 

An Austin Park master plan calls for all of that and more in what Assistant City Manager Erik Fix admittedly considers to be “quite expensive,” and is therefore recommending that it be broken down into more bite-size chunks, beginning with what is most needed first.

“It's going to be used to help replace the existing playground, which is desperately in need of replacement. Along the way, we hope to make it a universally inclusive playground as we go forward. We are at the point right now where the playground that's there is not only falling apart, but our Bureau of Maintenance staff cannot find a replacement piece parts for it, so it's definitely something we need to do,” he said during the Jan. 8 council meeting. “If we can also afford it and have any money left, there are some needed renovations to the splash pad (to help with drainage) and things like that that will help that run better. So we're calling this Phase One of the master plan. So as you look at this entire thing, this will be phase one with the hopes that we can secure additional grant money and resources down the line.”

The entire scope would include the demolition and replacement of the steel picnic shelter with a larger one, including the concrete pad, repurposing the concrete brick restroom/concession building and older stone building, possible splash pad updates, mechanics and control replacements, complete replacement of the existing playground with a universally inclusive and accessible system, a new drinking fountain, trash containers and benches, installation of modern, low-maintenance rubber cushion surfaces, and reconditioning or eliminating the stone dust cross-park trail.

City officials retained LaBella Associates to conduct the master plan and assist with a grant application to help with a park improvement project. Along with these revisions are suggestions for the larger covered picnic shelter, at 40 feet by 64 feet; a band shell for small musical groups, festivals, speeches, lectures and other events; a pickleball court to accommodate the “fast-growing sport;” carving out space for a fresh produce Farmers Market and craft fair; and entrance arch or gateway and clearly marked signage for Jefferson Avenue. 

How to pay for it? The state Office of Parks, Recreation and Historic Preservation has awarded the city an environmental protection fund grant of $500,000. 

There is a 25 percent match, and, although 25 percent would be $125,000, “we’re budgeting $225,000” and “hoping that any unused amount gets returned back to us,” Fix said.  The city intends to use public works reserves of $225,000 for that purpose. There is a total of  $960,822 in the DPW reserves now, Fix, said, and he is therefore recommending using the $225,000 to supplement the cost of the project. 

City Council was tentatively going to vote on a resolution to accept the grant and use those reserve funds during a business meeting on Jan. 22; however, the project is on a temporary hold because city officials need to talk to the state parks department, City Manager Rachael Tabelski said, about potential questions that may arise from the sale of Brisbane Mansion just across the parking lot from Austin Park.

“We have a meeting scheduled with New York State Parks and Recreation to understand the easement associated with Austin Park and the parking lot and the Brisbane Mansion, because currently they are situated as one parcel. So we want to make sure it doesn't hinder our ability to move to divest of the Brisbane Mansion in the future, Tabelski said. “So we don't want to move forward to a business meeting and have full approval of the resolution until we have that conversation with the parks department."

The city will be putting Brisbane Mansion, home of the current city police station, up for sale now that a new police facility will be built at the corner of Alva Place and Bank Street downtown. Prospective ideas for the West Main Street property include a boutique hotel, apartments or a mix of residential units. The city will still retain the rights to the adjacent parking lot, however, so city officials want to clarify the use of the parking lot in the future, including overnight parking for future occupants of residential units at the Brisbane property.

There are a series of items that must be met in order to qualify for the grant, according to state parks paperwork. The city must provide vendor ID numbers, file annual written reports, and provide proper documentation, including a boundary map that satisfies the state’s requirements, a copy of the contractor’s deed to the property, an opinion of municipal counsel, a state environmental quality review of the property, prevention of sexual harassment in the workplace and non-discrimination certifications, the Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia disclaimer.  

Austin Park Master Plan (pdf)

By a vote of seven to one, City Council agreed to the second three-year contract for current City Manager Rachael Tabelski during Monday’s business meeting.

The contract, effective March 8, 2024, includes a starting salary of $123,290. That salary takes effect April 1.  Subsequent salaries will be equivalent of the percent of nonunion pay raises in 2025 and 2026 in accordance with the city’s normal payroll practices for other non-union employees of the city of Batavia.

During the Nov. 27 City Council meeting, member Bob Bialkowski raised the issue of tying Tabelski’s salary to other nonunion employees and suggested that her salary instead be a stand-alone salary, raise and benefits. Council President Eugene Jankowski said that he agreed with the contract as is, and the remaining council members agreed with him.

The vote came before the council Monday evening, and Councilman Bob Bialkowski again voiced his objection.

“I’ll restate what I’ve stated in the past, no reflection on the city manager, whatsoever, but it should be a totally stand-alone contact, it shouldn’t be tied in with other employees,” Bialkowski said just before the vote at City Hall. (Editor's Note: this statement has been revised because it was misinterpreted in the original version.)

Members John Canale, Rich Richmond, Eugene Jankowski, Paul Viele, David Twichell, Al McGinnis and Kathy Briggs voted yes to Bialkowski’s no. Councilwoman Tammy Schmidt was absent.

Tabelski was appointed as city manager in March 2021 after working as interim manager since June 2020. 

As per other non-union employees, the contract also includes retirement benefits, medical insurance from the employer that agrees to provide for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the employee, spouse and her dependent children;  paid time off of five weeks equal to 25 work days, in addition to accrued sick, personal and/or bereavement time, allowances of costs associated with a “suitable automobile for the business use only of employee,” that shall include commuting to and from work and not for personal use.

The employer shall also provide the employee with a cell phone, which may be used for business and personal use, or a $100 monthly stipend, and reimbursement of any travel and business expenses incurred on behalf of the city, life insurance benefits, deferred compensation access of 4 percent of the annual salary to be contributed to the deferred compensation of employee; professional development of dues, subscriptions, travel and expenses for the manager for professional participation and travel, meetings, and occasions necessary to continue her professional development.

The position includes a background check and understanding that suspension with full pay and benefits at the discretion of City Council and termination are options under Chapter Five of the Batavia City Charter and/or if the voters of the city substantially change the form of government of the city and the manager elects to treat that amendment or change as an act terminating her employment; plus a slew of other reasons, including that the manager dies or becomes disabled; admits to, is convicted of or pleads solo contendere to any crime which is injurious to the interests, business, operations or reputation of the city or which involves moral turpitude or which involves the misuse or misappropriation of public funds, engages in illegal drug use, misconduct in connection with the performance of her duties, misrepresentation to the city, fraud, misappropriation of city assets or property, embezzlement, breach of any fiduciary duty owed to the city or any violation of any law or regulations to which the city is subject, engages in any intentional or grossly negligent act, omission or conduct that is injurious to the interests, business, operations or reputation of the city, or materially breaches this agreement.

The manager may terminate the agreement at any time and for any reason as long as she provides the city with advance, written notice of at least 60 days before the termination of the agreement, unless the parties agree in writing otherwise.

In the first year of employment, the manager shall receive a verbal informal review from the city on a quarterly basis, and in the second year receive an annual review on or about March 8. City Council is to provide Tabelski with a written statement of the findings and provide an adequate opportunity for her to discuss the evaluation with council.

Batavia has had its share of local crusaders over the years — local citizens willing to pack up topics of concern and carry them into City Council meetings to address at the podium in the hope that city leaders will listen and respond. 

Folks have been frustrated about unplowed streets, unshoveled sidewalks, property tax increases, a lack of specific businesses, city staff salaries, and various other concerns depending on the season, the year, and the week.

Sammy DiSalvo Jr., who has previously attempted to run for City Council and has been outspoken at meetings and online, is no stranger to this tradition. This week he brought in three concerns and related requests.

His first issue was about a former yield sign on Harvester Avenue that has been changed to a stop sign. He’d like to see that reverted back, he said.

“Many people don't really stop there, and it's kind of a safety hazard,” he said during Monday's council meeting at City Hall. “And I don't understand why that's a stop sign, but the corner of Jackson has a yield sign. So that's my first request.

“My second request is kind of commenting on the City Charter, and if there's an explanation as to why our City Council's as large as it is,” DiSalvo said. “We have about 15,000 people and we have nine members on our council that we pay to do a job, and places like North Tonawanda that have double our population have half of our council members, and I'm just wondering why we require so many, and if we can make our council reflect the population of Batavia and maybe reduce the size to an appropriate number.” 

His third item was about the city’s intention to put Creek Park property on Evans Street out for future housing development.

DiSalvo pointed to some 10 or so comments on a social media post as to what he believes is proof — an accurate “barometer” of local sentiment — that the majority seemed to agree that developing the plot of green space along the Tonawanda Creek and behind McCarthy ice arena was not a good idea. 

“I would like council to think about not selling that plot of land and turning it and developing it into something that more of the community can use. We live on a creek town, and there's really no public place along the creek that is safe to go on, except for behind the courthouse where there's a nice little park,” he said. “We all saw what just happened. And unfortunately, we could not complete the market rate housing across the street here, and that was a warning sign that we had for two years. The first warning sign that was going to be for low-income housing came with the Batavian article on Sept. 16, 2022, when Savarino announced that there was going to be low-income housing. And then, two years later, it seemed like a shock. So I would like you to reconsider selling that plot of land. Or if you do sell it, restrict it somehow the sale, the use of that for any kind of housing whatsoever, turn it back to something that the community can use.”

Council members John Canale and Eugene Jankowski Jr. were curious about the yield sign on Harvester as well, and they asked for more information from the police and/or public works departments about when and why it was changed.

Canale also addressed the number of council members issue. Nine members have been established for several years, with one each for six designated ward territories, plus at-large positions and a council president. 

Per Section 3-4 from the City Charter, the council member “shall receive compensation,” and ward members are paid $5,000 each, and council president is paid $7,000. Those salaries were increased in 2022, with council voting itself a raise from $3,500 and the president position up from $4,900.

Canale not only defended that pay but said he’d like to see it increased again, reminding everyone that he won’t be on council next year. As for the nine members, “more people is better representation with the amount of awards and districts that we have here in the city,” he said. 

“I would imagine this goes back to when we split the city up into wards, and we split it up into districts. At some point in time, our forefathers split it up into a council person per ward kind of thing. And then three large positions, I don't know who's responsible for that. As far as the public's concern about pay, I would be interested to see how these other council people are paid, because I know these councils here, don't get paid very much to do this, at one time this was a completely volunteer position,” Canale said. “Way back in my dad's day when he was a council person, I think is when they initiated a small stipend to give some incentive for good people to serve. We don't even think about it, because it doesn't affect our income, we don't do this to live on, obviously. I don't think we have to worry about the amount of money that we're spending to represent the entire population of the city.”

North Tonawanda’s five council members are each paid $8,000, and its president’s salary is $8,500, according to a Niagara Gazette article about the council’s failed attempt to get a salary increase vote to the floor. 

Jankowski addressed an online comment that DiSalvo mentioned about the city’s previous plan to have a second ice rink. 

“The second sheet of ice was tabled because it was a $25 million project. We just don’t have that kind of money. If a private industry wants to come in and build a sheet of ice there, contact us, and we’ll talk to you about it,” Jankowski said. “But as far as the city is concerned, there are other things that we’re spending our money on at this point. We can’t do everything we’d like to do. As far as Creek Park … we have a need for housing, especially middle-income housing. That seems to be the idea that keeps coming back for that project, and it’s still under review. So when that time comes, you can come and speak and give your opinion on it, but at this point, it’s really, nothing really moving on it, it’s a very slow process, we’re still looking into it.” 

Editor’s Note: In an article that ran on Oct. 24, (City, Genesee County races uncontested but one newcomer and three propositions), The Batavian inadvertently took an off-the-cuff remark made by Derek Geib as his response and published it, which was not the case. The Batavian regrets the misunderstanding, and Geib agreed to an interview just in time for the City Council election, which is Tuesday.

Who: Batavia resident and successful business owner Derek Geib. A 2001 Batavia High School graduate, he was barely out of Genesee Community College with his associate’s degree before his first business venture -- opening Main Street Coffee in 2002. He clearly remembers the opening day on Christmas in the City because it was followed by a blizzard that Sunday. 

Geib was also working at Matty’s, eventually buying into the pizza business from 2006 to 2010 until it closed. He then opened Bourbon and Burger in May 2011, followed by Coffee Press in 2019 and Roman’s in 2020, which made for another distinct memory.  They opened to the public on Friday the 13th in March of 2020, just as the state governor was about the announce a life-altering pandemic. 

In between all of that, Geib has been a landlord for multiple units for the last nine years or so. The 40-year-old has served on the downtown Business Improvement District Board for three years, including the last year as president; has been on the Batavia Development Corporation board the last couple of years; and the Genesee County Planning Board and the city’s Planning and Development Committee for about a year.

What: He’s running to fill the vacant seat for Ward 3 on City Council

When: The City Council election is on Tuesday, and Geib and each of his fellow council members will be running unopposed, including Paul Viele, Ward 1; David Twichell, Ward 2; Al McGinnis, Ward 4; Kathy Briggs, Ward 5; and Tammy Schmidt, Ward 6. 

Where: Ward 3 goes from Oak Street east to Bank Street and from Main Street over to the Thruway. Geib, his wife Jennifer and family, including the chihuahua Cedrick, live on Prospect Avenue, which has brought the entrepreneur back to where he first began as a kid growing up, he says.

Why have you gotten so involved in these boards, aside from the fact that you’re a business owner?
“Right from the onset of looking in it, it probably looks like there's a lot of self-interest involved because, obviously, we are completely invested in downtown. But I think being a business downtown, it made me realize that I should be involved in the goings-on, you know, not so we could have control over things, but just to help it be stronger downtown,” he said. “I’m not not saying my addition makes things that much better, but it's, you know, I think I have a pretty good view of what's going on being downtown every day. It's kind of, ‘what I can bring to the table.’”

What’s your interest in being on City Council?
“I think, really, I just want to be involved and do what I can to make Batavia as good as I possibly can. I mean, I think everyone should be involved as much as they can be, as much of their lives allow. Volunteering and participating in politics and government, and in local government, is the most important form of government because it's the one that actually makes a difference in your direct daily life,” he said. “And most people just overlook it and feel like they only need to vote for the president, when it's like, City Council is pretty in charge of everything that's going on right here. So, I think that's that.”

How do you feel things are going in the city? What would you say are the top three main issues in the city?
“I think things are going great. I believe there's the most construction improvement going on for as far back as I can remember, which is always a good sign. It shows investment,” he said. “I believe we need to work on housing. I think that would be probably one of the main focuses, which I know the city is already directly working on.”

What type of housing do you think is needed?
“Top to bottom. It's tough because I really don't want to speak out of turn because I'm not on City Council. So to talk about the goings-on of the city and what Council’s already working on, I don’t want to talk out of turn,” he said. “Infrastructure is also a big deal. And the city has been working on that as much as they can, sidewalks, streets. There’s just a lot going on. And it’s all for the benefit of the city and the people of it, as far as I can tell.”

There’s often the conversation about bringing more business to downtown. What would you like to see?
“I think the best way to increase business downtown is to increase downtown housing, and we need people living downtown, and we need to be creating as much downtown living space as we can. Because those are the people who will frequent the businesses the most. It's tough to continue to try and bring business downtown without first bringing people downtown. It kind of goes hand in hand,” he said. “I think we've done as good a job as we can realistically to fill all the empty spaces downtown. I mean, obviously, there are some that have been empty for a while that are projects that are being worked on, but if you drive around, there really aren't that many empty storefronts, on Main Street, on the side streets. So it's tough to open businesses without buildings to put them in. So we need more construction and more living spaces.”

How did you build your own business acumen, especially since you didn’t go to school for business? Did you have a mentor, or did you study somewhere on your own? Was it learned on the go?
“Realistically, we just opened and hoped for the best. And I learned a lot over the past 20 years, and I'm sure I'm still not even close to doing things the right way, but I'm doing them the way that I know best,” he said. “And, you know, it's working for now. But I had no business background whatsoever.”

So what will Derek Geib bring to the City Council table?
“From the outside looking in … the city is realistically just a business. You've got a budget and an HR and departments. And so it's just a business on a much bigger scale. And so, having now a business background, I think I can bring that to the table to help with budgets,” he said. “And I think, really, that's probably the most important thing that City Council does is setting the budget and keeping taxes where they need to be and making sure everything's paid for and fixed and working. And that's no different than the restaurant: the money comes in, and you have to figure out how to make everything work with what you've got. So that's really, that's my background.”

Some council members in the past have had coffee klatches in their wards to talk and get to know one another. Do you have any plans like that, since you're not knocking on doors or anything like that with this unopposed race?  Do you have any plans to meet with your ward residents to get to know their concerns?
“I’d like to get out eventually and talk to people and find out what their concerns are in the ward and see if we can figure out how to make everyone happy,” he said.

He does know at least two of their concerns now, he said: broken sidewalks and motorists that speed down Prospect Avenue. 

What do you think is the secret for a council to work?
“Does it not work?” he said. “Obviously, working in any group is difficult. But as long as everybody has a common goal, and they can put their egos and their personal goals aside, it's very easy to work in a group.”

Batavia’s downtown Business Improvement District members would like to spend some of their more than $220,000 capital account to enhance the downtown area, and because that will take a city amendment to do so, a public hearing is necessary.

The BID’s current agreement with the city requires the amendment to “add language for improvements in the district that will be allowable under their capital account,” City Manager Rachael Tabelski said. Tabelski explained the need for the amendment and set a public hearing during this week’s council meeting.

“The BID has requested that we update a very specific portion of the plan in relation to the capital infrastructure fund. They currently have $222,000 designated to be used for projects. And they asked to amend the list we had previously to include capital purchases, enhancements in the district of decorations, banners, planters, light poles and accessories, signs, wayfinding, decorative trash bins and potential sidewalk improvements,” Tabelski said. “So they'd like the ability to do these types of projects within the plan and to spend this funding on those projects. So by modifying the plan, you'd give permission for them to undertake these types of activities with this funding. This is a local law change. So it will need to go through the public hearing process.” 

The BID currently has $222,470.50 in its capital account and has requested to make multiple purchases to enhance the district.

Because a substantial portion of the Management Association’s activities are funded by a special assessment levied by the city and its activities are important to the economic health and vitality of the city, it is necessary that the business of the Management Association be performed in an open and public manner, according to city code. 

This provides for the residents and businesses in the community to be fully aware of and able to observe the activities of the Management Association Board of Directors, as well as attend and listen to the deliberations and decisions that go into the making of BID policy. 

In addition, providing access to meeting minutes allows residents and businesses to observe the decision-making process by the Board and to review the documents leading to those determinations.

Tabelski recommended that the same Local Law No. 3 be amended for the BID plan to include these latest requested improvements and to also include a related public hearing.

That hearing will be at 7 p.m. Nov. 27 in Council Chambers at City Hall.

The Batavian contacted BID President Derek Geib for comment since the matter was going to be part of a public hearing. He did not want to provide comment and instead referred The Batavian to BID Executive Director Shannon Maute, who also did not want to offer a comment.

A little background about the BID may be in order. A local law was adopted on Nov. 24, 1997, outlined in Chapter 58 of the city’s code, to establish the district, which is comprised of several streets from Liberty Street west to Court Street and Ellicott Street north to Washington Avenue. 

The local law was amended on June 27, 2005, to include the Ellicott Street business area. It was later further amended on Aug. 6, 2016, and again on March 12, 2018, all of which required public hearings due to the properties within the district being in the public’s interest. 

Under General Municipal Law 980-a ... the Batavia City Council requires that the Management Association Board of Directors comply, conform and abide by the State of New York Open Meetings and Public Information laws. This will apply to all Management Association and sub-committee meetings, including executive committee meetings. The Management Association will further post all by-laws, board and committee meeting minutes, annual budgets, audited financial statements and annual reports on the Management Association’s website for public viewing.

The Batavian contacted Tabelski about this requirement, since the BID has not had an active website for several months. The Batavian asked where the reports were being posted and who was responsible for ensuring that they were being posted as mandated by municipal law. 

Tabelski did not directly respond to those questions, however, she said that the website was discussed during BID’s meeting on Tuesday and that it was being redeveloped and “should relaunch soon.” 

There are two sources for funding the activities of the BID, according to related city documents: the BID assessment and the City of Batavia. The BID assessment for each property is calculated by multiplying the assessed valuation of the property by the BID assessment rate, which was $1.81 per $1,000 of assessed value as of Jan. 18, 2021. 

It’s not a very exciting election year in Genesee County, as the two largest jurisdictions — the City of Batavia and Genesee County — are marked by uncontested races for every seat up for a vote on both City Council and County Legislature.

However, there is a new City Council candidate and three propositions on November's ballot.

The City Council election features incumbents Paul Viele for Ward 1, Alfred McGinnis for Ward 4, Kathy Briggs for Ward 5 and Tammy Schmidt for Ward 6, all who are running unopposed for re-election. 

David Twichell, who filled the seat of Patti Pacino for Ward 2 earlier this year, is running for his first full term unopposed. 

Newcomer Derek Geib is running to fill the seat vacated by John Canale, who opted not to run again for Ward 3. 

Geib, a city business owner, president of the downtown Business Improvement District and member of the city’s Planning and Development Committee, is also running unopposed. 

Unfortunately, voters won’t have an opportunity to learn why he’s running for a seat on council or why he would like to represent his section of the city, because Geib declined an interview with The Batavian.

“I don’t have interest in doing interviews ever for anything honestly,” he said.

These are the uncontested races for Genesee County positions:

• Genesee County Clerk  - Michael Cianfrini
• Genesee County Coroner - Wade Schwab
• Genesee County Coroner (unexpired term) - Donald Newton Jr.
• Genesee County Legislator, District 2 Towns of Bergen, Byron, and Elba - Christian Yunker
• Genesee County Legislator, District 4 Towns of Batavia, and Stafford - Brooks Hawley
• Genesee County Legislator, District 6 Towns of Alexander, Bethany, and Pavilion - Gregg Torrey
• Genesee County Legislator District 8 City of Batavia, Wards 2 & 3 - Marianne Clattenburg

Three propositions are on the ballot this year:

Proposal One: Removal of Small City School District from Special Constitutional Debt Limitation.

The proposed amendment to Article 8, section 4 of the Constitution removes the special constitutional debt limitation now placed on small city school districts, so they will be treated the same as all other school districts. Shall the proposed amendment be approved? Yes or No.

Batavia City Schools administrators are in favor of this amendment, because it would allow the district to borrow more money for projects in the future. As is, the limit means Batavia can only borrow up to five percent of its debt limit, versus other school districts that can borrow up to 10 percent.

This measure does not include the current $45 million capital project that’s on the table, Superintendent Jason Smith said, as it would take effect after that project vote. 

Proposal Two is to extend sewage project debt exclusion from the debt limit. The proposed amendment to Article 8, section 5 of the Constitution extends for 10 years the authority of counties, cities, towns, and villages to remove from their constitutional debt limits debt for the construction of sewage facilities. Shall the proposed amendment be approved? Yes or No. 

Proposal Three is for voters in the towns of Byron and Bergen only: Shall the Town of Bergen  (Town of Byron) establish an annual tax in the amount of $0.55/$1,000 (fifty-five cents per one thousand dollars) of assessed value in order to support the operation of the Byron-Bergen Public Library, commencing in the fiscal year beginning January 1, 2024. Yes or No.

Library board President Sally Capurso recently explained why she and board trustees are asking town voters to approve this measure. 

As Batavia’s city fire department prepares to welcome a shiny new, customized fire truck into a bay at the renovated Evans Street site, City Council dealt with details of the $800,000 purchase Monday evening at City Hall.

Council voted on three resolutions:

• Approve the purchase of the fire truck project completion;
• Authorize and provide for the “incurrence of indebtedness” for the purpose of providing a portion of the cost of acquiring, constructing, enlarging, improving and or extending its new fire truck facility to serve an area lawfully within its jurisdiction to serve; and 
• Authorize a general bond to finance the acquisition.

The city will pay for Engine 12 with a $665,000 loan at 2.5 percent interest for 20 years, a $100,000 grant and city fire reserves of $36,681.

Councilman-at-large Bob Bialkowski wanted to know more about the second resolution regarding the incurrence of indebtedness for the purpose of acquiring, constructing and enlarging the truck’s new facility in Batavia. Does that mean there will be more work done at the first station, which has recently been updated with a new driveway apron and other interior upgrades?

There’s no extension of the building, City Attorney George Van Nest said.

“This is draft language from USDA. This is a standard USDA resolution that they require;  it’s part of the closing package,” Van Nest said. “The entire statement says resolution of the City Council of the City of Batavia authorizing and providing for the incurrence of indebtedness for the purpose of providing a portion of the cost of acquiring construction, enlarging, improving and/or extending its fire trucks. So, in that case, cross everything out except for acquiring fire trucks, and we're good to go.”

Engine 12 will put Engine 11 into reserve, and the current reserve will go to surplus, Fire Chief Joshua Graham said. 

“They’re out there right now to do the final inspection, which they’ve been doing all day and tomorrow at the factory,” he said. “Once they finish the inspection, we’re estimating it to be shipped to Colden Enterprises in Kenmore sometime around the first of November, and they’ll have it outfitted with tools and accessories. And then sometime in mid-November, it’ll be delivered to us, and the only thing we’ll have to do with it is the detailing.”

City Manager Rachael Tabelski, who reviewed the financial plan, said that she appreciated the interest rate the city was able to get as part of the deal.

“I'm just very glad we were able to get a 2.5 percent interest rate because we do have almost enough in reserves to pay this off. But at this point, the funding and reserves is making more interest being there than what we pay out,” Tabelski said. “And with the help of (City Clerk/Treasurer) Heidi, who does a really nice job with all of our investments, looks at each of these opportunities, and we're actually able to make a little bit more on our investments in our reserve funds.”

Council members, all of whom had previously voted for the purchase of the fire truck, approved the resolutions. 

“I hope it lasts us many, many years,” Council President Eugene Jankowski Jr. said. 

After the meeting, Graham said that the current reserve engine dates back to 2002, and its age means “it’s starting to have a lot of maintenance issues.”

“So moving the current first-run engine back to reserve, and then implementing this new version first,” was his primary reason for necessitating a new truck purchase, he said. “The truck itself is completely built in the factory, and the crews are out there now going over it with a fine toothcomb. The only thing they're doing when it comes up here is that it doesn't come with the mounts for our tools and things to put the tools on it. So they install those on the truck up here. Then it'll come over to us, and then the city actually makes the decals.”

He plans to take the new pumper on a little cruise through the city to show the citizens the new vehicle, most likely sometime in mid- to late November. 

Now that City Council has agreed to commit $75,000 for a zoning code update — through a vote taken during this week's business meeting — the city will be able to get up to speed with that part of its comprehensive plan.

The zoning code update was to happen about five years ago, but a change in management and the bane of everyone’s existence — COVID — came along to put a halt to those plans, City Manager Rachael Tabelski said during an overview of the need for funding. 

“Many of you remember when the city undertook the planning effort in about 2016-17 that culminated in the adoption of the Comprehensive Plan update. Among several recommendations in the plan, one of the significant recommendations was that we update our zoning code … we need to have flexible zoning if we are going to be able to have more housing in different areas than we've had in the past, specifically, if it's been an industrial or commercial area that might lend itself to housing,” she said. “So, as the manager at the time left, and we went through reorganization here at the city, I think it's time that we get back to this process and update, and this is just the zoning code update.”

She had provided that explanation during a previous council meeting, requesting that the $75,000 come from an unassigned fund balance and be put into a fund specifically for the purpose of updating the zoning code. 

“So we could move forward with the process. It would probably be a nine to 12 or 13-month process where we would have a formal committee that gets together. Typically, we'd like members of the existing Planning Committee and the Zoning Board of Appeals and citizens to be part of that committee,” she said. “We will do public outreach through the process. So it is a planning process. But in the end, you'd have an approval and a public hearing to change the zoning codes. So again, it's a long process, but long overdue, and we have had it as one of our goals from the Comprehensive Plan and the city's strategic plan for several years.”

A council member asked how she came up with the figure of $75,000, and she has been around other comprehensive studies that have cost at least that or double, she said, for the total plan and rezoning, “so I was thinking we plan to put it out for RFP, with our prequalified engineers, or open it up.”

“I haven’t made that decision yet, but I was hoping this would be enough to bring in the consultant to guide us through the process,” she said. “Because we definitely do need an expert sitting with us through the process, but with that, it would be staff members and, like I said, committee members and citizens that participate.”

Council voted on Monday to transfer the $75,000 from the general fund unassigned fund balance into a committed fund balance for the project of zoning code update and future land use planning.

This project will help to achieve the goals of the 2017 comprehensive plan update, in which the city outlined a future-use land map where new zoning regulations will dictate the form and use of properties within the city. 

Snow isn’t falling just yet, but that’s not stopping city resident Dawnna Slocum from thinking about her neighborhood sidewalks this coming winter.

Slocum is tired of having to either navigate unshoveled sidewalks or brave the streets when walking and so she took the issue to City Council Monday evening.

“And I’m seeing children at school having to make the same choice,” she said during council’s conference session at City Hall. 

Slocum already met with Councilwoman Tammy Schmidt, and they apparently reviewed various options for solutions and Schmidt suggested that the Columbia Avenue resident lead a committee to find the right one. 

“Why would I have to chair a committee?” Slocum said. “Why hasn’t anything been done without a committee?”

Schmidt thought that the resident had some good ideas, including asking others, possibly kids, to shovel sidewalks for those that couldn’t, the Sixth Ward council member said. 

“Because we have a lot of elderly people, a lot of senior citizens, and they can't shovel. We live next door to a disabled person, and we shovel his driveway … but sometimes, they don't have time to do their sidewalk. So I said, it's a great idea, maybe the schools, with the community service hours that the seniors have to do, or things like that,” she said. “I did suggest that the city isn't responsible. It probably doesn't have the money to buy a ton of sidewalk plows and hire more staff to plow them at this point in time. But I think she did have some good ideas.”

Councilman-at-large Bob Bialkowski, as he has said at past meetings, suggested that the city create a one-page flyer of various reminders that could be inserted with the water bill to prompt residents with regular policies, such as shoveling one’s sidewalk and driveway during winter. 

“A lot of times, new people move into the community. They don’t understand that we have rules. They don't even know what they are,” he said. “If we at least have a one-page handout that all realtors, put it in the water bills, all the landlords give it to their tenants: Welcome to Batavia, we have some rules and regulations and laws here. Don't leave your car parked over the sidewalk overnight. Try to keep the sidewalk clear. There are probably about a dozen things that pop up continuously. 

“I agree. There is a problem. We spend a lot of money on sidewalks. And we don't do that for people who have a parking place.”

Council President Eugene Jankowski Jr. asked the public works department about the responsibility of snowplowing for apartment complexes, and it’s the landlord’s responsibility. 

Mowing lawns is a different scenario than shoveling snow, Jankowski said.

“And if you're elderly or you're unable to do it, that's going to put a serious risk on being out in the snow trying to do something you're not physically able to do. And I know, and you know, it's winter, and we have good winters and bad winters. It's unpredictable, it's the weather. Unlike grass, it grows at a specific rate. And it's not blocking sidewalks when it goes too high. So it's a little different. It's not really apples and apples, it's different,” he said. “So I think we take some suggestions, and I mean, we have a budget coming up, but I don't think that a committee is necessary. And I have problems with kids shoveling sidewalks. If someone got hurt or something like that, I mean, then the homeowner is responsible. 

“Give it some thought and let the city management and staff kind of give it some thought and see if maybe you can come up with something. Maybe we can budget for another sidewalk plow or something. I don't know. If we can, we can absolutely do that. It's worth looking at,” Jankowski said. 

City Manager Rachael Tabelski said that the city had planned to send out a reminder message and a press release last year, but then a storm hit with seven inches of snow, and “we didn’t want to add insult to injury” by telling folks they had to get out there and shovel their sidewalks. 

“So we absolutely will work to communicate that. It comes up every single year. We deal with it typically after snow occurs. We have complaints, and then, like Council President Jankowski said, some years there is no snow, and we don't have as many complaints, but completely understand it's very hard to get around walking when there is snow and reminding residents that it will snow and, just like you try to plan for your driveway to be plowed, do your best to try to plan to keep that sidewalk clear for all the residents that do walk in the wintertime, because there are a lot of them.”

After what has seemed like a lengthy ordeal, a set of new, downscaled, and more affordable designs for the City Centre entryways have finally come back for final approval, City Manager Rachael Tabelski says.

This project has been time-consuming, especially since prior bids have been too high for the city’s allowance, and redesigns have had to incorporate different elements to adjust the price.

“Because the first round of designs came in way over budget. We didn't have to bid this out to realize we were over budget. We use a cost service company that kind of costs out your design and says, oh, this is what we think it'll cost, and it was higher than it needed to be,” she said to The Batavian Tuesday. “So we had to scale back a little bit on the design side, but we think we'll have a really nice project, and those silos will be coming down. 

“And we're going to be asking council to award those Tuesday.  It's going to be on a special conference, and then, hopefully, the business meeting (agenda).”

The four silos are separate tubed sections within each of the entryways of Batavia City Centre. They have been leaking and getting moldy, and city officials have wanted to change them out for quite some time.

They hit a snag when prior bids came in beyond their budget, and designs had to go back for revamping to reduce the scope and price tag. The city has set aside $1 million of grant money for the project.

City Council’s business meeting is scheduled for 7 p.m. Tuesday, Oct. 10 at City Hall. 

After some delay from waiting to hear about their major funding source for the city's new police station, city officials finally received word this week, City Manager Rachael Tabelski says.

The new police facility already approved for the corner of Alva Place and Bank Street parking lot will begin the process of going out for bid, with a final destination of completion for summer 2025, Tabelski said Tuesday.

"My good news for today is we are authorized to go to bid by USDA. And we'll be doing the bid process very soon; it’s about a six- or seven-week process, with the hopes of awarding the bids in January or February  … and then starting construction of the new police station as soon as winter breaks next year,” Tabelski said to The Batavian. 

In April, City Council voted to seek funding from the USDA Rural Development Community Facilities Program as a potential funding source for the new police facility. The city had already been awarded a $2.5 million congressional grant, which is to be applied toward the cost of the facility to “address capacity concerns, building limitations, improve handicapped access and ensure quality police protection services now and into the future.”

As for payment of the remaining $13 million, the USDA resolution allowed the city to pursue funding of loan and/or grant funding extended to the city by the federal agency. Council also approved financing the cost of project construction of the police station with bond anticipation notes for the project with a maximum estimated cost of $15.5 million.

There will be a related presentation to City Council during its Nov. 13 meeting from Wyoming County consultant Rick Hauser. He had previously performed a reuse analysis of the current police station, the Brisbane Mansion, with suggestions and recommendations for what it may be best suited for. 

Tabelski said the city is considering either apartments or a boutique hotel, and given the Main Street site’s age, it probably would qualify for historic tax credits.

“So that’s good. Savvy developers know how to use those types of tax credits, and we’re hoping we do get some interest in the Brisbane,” she said. “I’ll be laying out the city’s potential process to RFP that building for a developer to come in and turn it into either apartments or a boutique hotel. And with that, keeping the historical elements of the mansion is one of the main goals of the reuse analysis.”

Hearing from the USDA about grant funds and long-term financing was the signal the city was waiting for to go out to bid on the police station, she said, which it did on Tuesday.

Being issued a “clean bill of health” hardly makes for an eye-catching headline when it comes to a city audit. However, city leaders are eager to take some of that good news and reinvest it. 

After presenting the city’s 2022-23 audit Monday evening, Erica Handley, Director at Drescher & Malecki, concluded that city assets and revenues exceeded liabilities by $17, 410,127, with more than $41 million of net investment in capital assets, $13.7 million of restricted funds for specific purposes and another $16.6 million for unrestricted, or unspecified spending funds.

“So at the end of 2023, the general fund total fund balance reached $11.7 million. Again, that increase is about $2.3 million from the prior year,” Handley said during council’s conference session at City Hall. “Overall observations, we do plan to move forward issuing an unmodified opinion, that clean opinion, you did not give any reportable findings, no material weaknesses, no significant deficiencies. Considering that compliance audit we did this year, a whole bunch of more testing, no compliance findings. So nothing to report there.”

This year’s general audit also included a compliance audit triggered by the city’s spending of more than $750,000 of federal funds, she said. 

“We act as an agent of the federal government and test those federal funds for certain compliance requirements,” Handley said. “So the program that we tested was the highway planning program. And we perform a series of tests as dictated to us by the federal government to ensure that those federal expenditures are allowable, that they are in a timely fashion, and the reporting is done correctly. 

“We had no issues with that testing that we did this year,” she said. “But that just is something that is new this year as compared to last year.”

After socking away more than $3.8 million into the city’s unassigned fund balance — a move based on the recommended policy to increase last year’s amount by $768,000 — City Manager Rachael Tabelski has recommended using remaining reserve funds of $2.1 million for future expenses of several city departments.

“The city ended the fiscal year 2022-23 in a good position to move on assignments on balance to reserve accounts for future one-time purchases. I have discussed the following proposals with the audit committee who concur that we have the ability to reserve $2.1 million in funding and still maintain a 20 percent unassigned fund balance, which was approximately $3.8 million,” she said. “While we do have, and you all know, a plethora of competing interests across the city, from parks, trees, recreational facilities, vehicles, etc. I've reviewed the capital and asset plans for each department and the requests that we have received from council and citizens, and recommend the following funding reserve accounts.”

Police Department Reserve: Put $100,000  to replace patrol and detective vehicles on a yearly basis based on a fleet replacement schedule. By allocating this money to the reserve, the city will be able to continue to purchase vehicles and keep up with the rotation, she said, with the oldest patrol car now being 2017 and the oldest detective car a 2009.

City Council committed $120,000 of video lottery terminal funds for two new vehicles in August 2023 for the Neighborhood Enforcement Team.

For the Fire Department Reserve, put $300,000 to make debt payments toward a newly purchased $800,000 pump engine, which was  paid for with a $100,000 USDA grant, and a loan for $665,000, plus $37,000 in reserve funds. 

Council also approved $80,000 of reserve funds to purchase a one-ton pickup chassis or replace a 2012 vehicle for medical and other responses, with an estimated balance of $680,420. 

The reserve money can be used to purchase the pumper, make debt payments or for other needs, including additional police and fire radios at a cost of $375,000, and review the longevity of the ladder truck. 

Put $400,000 into DPW for the equipment reserve plan, which has allowed the city to replace more than 22 pieces of public work equipment valued at $3.6 million and growing to date.

The ice rink would get $150,000 to go toward the purchase of an ice chiller, which has been in need of replacement for the last two years. The city spent ore than $90,000 in refrigerant and other maintenance costs in 2021 and 2022. The price tag for a new chiller is $2.5 million.

Facilities Reserves would get $400,000 as part of the city’s Strategic Plan for the Bureau of Maintenance, fire station and City Centre roof, some having been completed, and other work in progress. This money would also fatten the reserve balance for the future police station, which is to cost an estimated $15.5 million. 

Future sidewalks that are part of the city’s Complete Street Program would get $300,000 to allow for another 5,000 linear feet of sidewalk and handicap-accessible ramps.

Compensated absences are slated for $100,000 to deal with three pending retirements and one-time payouts and $100,000 for retirement reserves for these future expenses.

The city’s municipal parking lots would get $250,000 to address improvements of worn surfaces, including the Alva Place lot that will be paved when the new police facility is constructed, and BOM parking lot will be addressed. 

Over the past decade, the city has “diligently built reserve funds to complete projects and control general fund spending,” Tabelski said in a memo to council. The reserves are built to fund capital projects, purchase trucks, vehicles, infrastructure and facility improvements and cover overages in health and workers’ compensation costs. 

“Building the reserve fund now is extremely important as the city prepares to bond for a new police facility,” she said. 

For the second time on Monday, Bob Bialkowski took the opportunity to not only acknowledge the sacrifices of others given on Sept. 11 22 years ago, but to also pray that those first responders “inspire us to live bravely and courageously and to selflessly protect others in need.”

The City Councilman-at-large gave the opening prayer for the group’s monthly conference session Monday at City Hall. It was the only acknowledgment of 9/11 during the brief meeting, though it was followed by the pledge of allegiance, a longstanding city tradition. 

A veteran having served in the U.S. Army Aviation Reserves for 30 years, Bialkowski also spoke during a remembrance ceremony at the VA Medical Center in Batavia earlier Monday. 

He and other speakers emphasized the need for such memorials as key to preserving the history of 9/11 and the bravery displayed by countless first responders, fire and police personnel, military members, and ordinary citizens who rallied on an airplane to help divert further disaster. 

As a prelude to the council meeting, Bialkowski’s words seemed contradictory to a time when many questioned the presence of outsiders on American soil.

“May we look to those who opened up their homes to the stranded and displaced that day to stir us to be more hospitable,” he said. “Having seen the face of evil and darkness, may we be steadfast and faithful, pursuing you as our perpetual light.”

Recent incidents of violence — four gun shootings in the last three months — have pushed city officials to put a quick thaw on a hiring freeze that was locked until March 2024.

Instead, City Manager Rachael Tabelski has suggested bringing one more police officer on board and providing training, vehicles, and additional equipment for the new and a current officer to become a more intense Neighborhood Enforcement Team (NET) to assist the city police department and detectives to “more efficiently, proactively keep the community safer.”

“Because I think it's critically important that we have our zone cars that are out on calls. They respond very quickly to people's homes, and they're very responsive. But we need a proactive team to be in the neighborhoods doing gun and drug interdiction, and I think it's very important,” Tabelski said Monday during City Council’s conference session at City Hall. “So we're gonna find a way to make it happen in the budget next year.”

During her presentation to City Council, Tabelski emphasized that when state changes to the legal system occurred — including what's coined as “catch and release” for a quick turnaround jail and bailout time — Chief Shawn Heubusch warned her that more manpower was going to be required.

“And in the beginning, the chief told me, ‘we're going to need more, we're going to need more, we're going to need more,’ and I said, there's no money, there's no money, there's no money. Now, we're at critical mass. We can't allow this to happen in our city,” she said. “I don't think anyone here on council wants that to occur. I certainly don't. So we're gonna find a way to make it work.”

Tabelski recommended using video lottery terminal money (typically a yearly amount that comes from Batavia Down Gaming revenues) in the amount of $272,000 to pay for the salaries and benefits for the two officers for eight months ($117,000), purchasing and fitting two police vehicles ($120,000) and for uniforms and equipment ($35,000).

Councilman Bob Bialkowski asked what if the city doesn’t get the VLT aid next year, and Tabelski said she isn’t planning to use that resource next year anyway. Sales tax has been doing very well, she said, and perhaps cannabis sales will be bringing in more sales tax and will be able to help offset the cost, she said. 

“We need to find a way to make it happen next year,” she said.

As for the equipment, that would be a one-time expense, Council President Eugene Jankowski Jr. added. 

“I know it will work. It worked in the past,” he said.

The method for attacking the problem of gun violence, repeat offenders and nuisance neighbors is a team approach, Police Chief Shawn Heubusch said. “It’s a one-off,  it’s a very effective format,” he said. “You get to saturate a neighborhood. This is not a new concept. We did staff this way back in the day, and it was very effective.” 

Councilwoman Kathy Briggs was on board with the plan.

“I support this. We need this,” she said.

By a unanimous vote, council agreed to proceed with hiring an officer and using VLT money for the extra expense. 

After the meeting, Jankowski, a retired lieutenant with the city police department, shared his thoughts about what may be happening in the city and how this approach can help. 

“It worked in the past, which I hope it does in the future. When there were pockets of areas of maybe a drug house or some type of disruptive behavior in a neighborhood, we were able to send that team in there. And they were able to make observations, work with the community, work with the neighborhoods, and find a resolution to calm everything down and put it to rest. So if that works as well as it did last time, we have several hotspots we'd like to target, and we're going to want to use there and see how well it works,” he said. “And we're going to monitor it monthly to make sure that we are making gains. If it's not working out, then we're going to have to regroup and try something different. But we're pretty sure this will help.”

The Batavian asked Heubusch if there was already a list of potential candidates for the new officer and how long it would take to get one ready for this task.

“So we have a list that we've been working off of to hire our last round of hires. We'd have to take a look at that list and see who we can pick from it. We would have somebody in the background, we'd be able to put somebody in the background fairly quickly because we have a list that's already established, he said. “Police Academy for about five months and then field training for about four months after that. So it's a lengthy process unless we're lucky enough to find somebody that's willing to lateral to the department to fill the position then it's just field training.” 

After persevering through illness, surgery, recovery, and admittedly being quite tired -- she was ready.

Patti Pacino, City Councilwoman, committee member, volunteer, advocate, cheerleader, educator, counselor, supporter, participant, friend, and outspoken when necessary, decided that it was time to announce her retirement.

And on Monday evening, with some of her biggest fans in the audience, Pacino was celebrated for her years of contributions during City Council’s conference session at City Hall.

A proclamation was drafted that listed her many efforts, including:

• Her 13 years of service in representing the Second Ward as councilwoman
• Serving as alumni coordinator for Genesee Community College and Career Center coordinator for Batavia High School
• Performing duty as liaison to the Batavia Business Improvement District’s board, co-chair of the Volunteer Selection Committee and Memorial Day Parade Committee
• Her steadfast involvement with the Zonta Club of Batavia-Genesee, Genesee-Orleans Council on the Arts, Kiwanis Club of Batavia, and Girl Scouts of Genesee Valley Inc.

And most notably, while on the council, she was “a true public servant, winning the support of her ward in two consecutive elections, advocating for residents and neighborhoods, and always having the best interests of the City of Batavia at heart.”

Now, therefore, be it resolved, the proclamation states, “the City Council of the City of Batavia does hereby congratulate Patti Pacino, City of Batavia Council Member, on her retirement, and wish her, and her family, good health and happiness for years to come.”

A soft-spoken Pacino said that she’s working on her walking ability after having surgery for a brain tumor in December 2022. She reflected on her time with the BID board.

“I remember probably the best 13 years of my life with a committee that I'm not sure everybody understands and realizes how much they put into this, how much time and effort and caring they put into the City of Batavia, and I miss that part,” she said. “But I won't miss the council because I'll still be here to talk to them whenever they need me or whenever they don't need me.”

Pacino officially retired from her role on council during a meeting on March 28. 

City officials turned their thoughts to cannabis for a few moments this week as City Manager Rachael Tabelski described the plight of legal cultivators, locally Empire Hemp, which had originally been scheduled on City Council’s meeting agenda.

Company co-founders Chris Van Dusen and Shelly Wolanske were going to talk about an initiative to sell cannabis products at farmers markets, a concept being drafted in the Empire State for the summer season. However, Gov. Kathy Hochul recently squashed that move, which added yet another hindrance to a market that’s already suffered a slow roll-out of avenues to distribute and sell their products.

“(They) have been producing products in the legal market. Prior to cannabis being authorized by New York State was one that was authorized, they shifted to that market for cultivation. And they ramped up, and right now, they're sitting on over $300,000 worth of product and had to lay off four staff members because the Office of Cannabis Management cannot get retail licenses out quick enough. So there's over, I think it was 80, brands of cannabis that are certified by New York State, all sitting in warehouses full of cannabis, but only 10 legal retail outlets right now,” Tabelski said during this week’s council meeting. “And to get your product into the legal retail outlets, the majority being in New York City, you almost have to live in New York City or have a salesperson present down there. So anyone in the sales market knows you have to apply to those retail outlets to move your product. 

“So I want you to be aware of the emerging market. This is a business that has typically enjoyed the support of the city. They've stayed in the city, and they've purchased or leased more space to produce their products. And right now, they're very much hamstrung. So I just wanted to bring that to everyone's attention.”

Council President Eugene Jankowski Jr. said that he’s heard about the illegal retail sites “that keep popping up in the city, and people think they have a license” when they actually do not. 

“So you’re telling me no one in Genesee County, no one in this area, has a legal distribution license itself?” he said. 

That’s right, Tabelski said, “except if you’re on sovereign land.”

She’s referring to Tonawanda Indian Reservation, which does not have to abide by the same state regulations as other dispensaries. Van Dusen checked that site to see about the possibility of selling some product, but shop owners on tribal land wouldn’t pay what Empire Hemp, which deals with state taxes, charges, Van Dusen said.

He and Wolanske said they are disappointed with how things have happened with licensing — they were led to believe that some 30 dispensaries were to open in March — and with the prospective farmers market, however, they’re confidently looking forward. 

"Mainly down in New York City, there are only 10 dispensaries. And there's 80 brands that are trying to get on the shelves in these 10 dispensaries. So it's very challenging to maintain, and we're currently in half of those dispensaries. But there needs to be more to make this a successful program, especially in our area," Van Dusen said. "And we were held up with that court-ordered injunction with a lawsuit that just finally opened up, you know, in the Finger Lakes region in Western New York a little while ago. So now we're about six months behind New York City, and getting dispensaries opened up here. So the first one to open next week in Buffalo. And we will be in that one. We're really excited about that. Dang 716."

Another one, MJ Dispensary, is to open in Henrietta in about a month, with a few more following in the Buffalo area. It takes time to open a site and includes a final walk-through by the Office of Cannabis Management, “so once they get their license, you're looking at a good three to five months,” Wolanske said.”

One element of the industry affects another — it’s a trickle-down effect, she said — from the grower to processors and end product. Empire Hemp still has goods from 2022 “because there’s no outlets for these grow cultivators to sell at, there’s not enough dispensaries,” he said. “So the cultivators are really hurting because it’s harder for them to get it to go to the dispensaries and get on the shelves because it’s so competitive to get on the shelf space.”

“So if they had 50 dispensaries open, well then, it would change, the demand would be in our favor, we wouldn’t be selling out of everything, it wouldn’t even be a question,” he said. 

Tabelski ventured to guess what part of the problem is.

“I dare say that they're in over their head with the Office of Cannabis Management and the rollout of this program,” she said. Jankowski agreed, adding that, for what he understands the board makes — “in excess of hundreds of thousands of dollars in salaries” — they’re not doing their jobs. 

The City of Batavia is far from alone in its assessment of the state agency’s efficiency. Rev. Kirsten John Foy, a spokesman for the Coalition for Access to Regulated & Safe Cannabis, called the OCM “ineffective at every turn.”

“Growers, CAURD (conditional adult-use retail dispensaries) licensees, disabled veterans, workers, consumers, medical cannabis patients and individuals harmed by cannabis prohibition are paying the price for its ineptitude — all while the illicit market booms,” Foy said in a New York Post article. 

Similarly to what Jankowski and Van Dusen have noted locally, albeit on a lower scale, New York City Mayor Eric Adams has been tallying the number of illegal pot shops sprouting up in the absence of licensed dispensaries and manpower to close them down. In NYC, Adams’ count is 1,500, while Hochul’s office puts that number at 2,500, and law enforcement doubles that to 5,000 and estimates that illegal smoke shops are making $2,000 to $3,000 profits a day. While sites in smaller cities such as Batavia aren’t likely to claim such boons, is it a wonder why they’re popping up?

Empire Hemp will continue to operate by the book, as it has since the beginning, Van Dusen and Wolanske said. Their downtown retail store, which sells hemp products, is doing well and is self-sustaining, Wolanske said. In fact, “we’re doing better than last year,” she said. “We have a lot of faithful followers.”

And they look forward to finally seeing those promised 30 dispensaries, now to arrive in October, as they ride out a bumpy state cannabis program.

“So when that happens in this area, we will be set. So all that inventory is still good. It's not gone bad. So we could still sell that. And it's just a matter of getting these locations open,” Van Dusen said. “We’ve always done everything by the book, so we feel that it’ll be good that we did that. That will benefit us in the long run, because there will be less competition. Right now, we’re dealing with the illicit market. It’s really hard, especially when people are used to going into these smoke shops and paying a certain price.” 

When Ed Smart initially saw his prospective new abode at 4 Mix Place, there was an obvious misgiving about the place.

“The first time I walked through it, it was raining inside the building,” he said during an interview with The Batavian Wednesday. “We appreciate beautiful buildings, so I'd love to see this thing restored to its glory and then some. It's just a beautiful piece of property. And, you know, over the time that I have owned it, I've invested in it, even without being able to use it, until I know I can use it for the use I want.”

And what he wants, which he has officially requested as smartDESIGN Architecture with a letter to the city, is to move his architectural company into the premises that are zoned residential 1A and obtain a zoning code update to amend that to residential 3 to allow for professional offices in that section of the city.

Smart is requesting to amend a section in the zoning code to read “offices for attorneys, physicians, dentists, another similar professional, not exceeding four offices in a single structure.” The current code does not include “and other similar professionals” in that section.

City Manager Rachael Tabelski recommended to City Council this week that if the group opted to grant the request, it may also want to consider including 1 Mix, a single-family residence, and 3 Mix, a two-building, eight-unit apartment building, to bring them into the R-3 district for zoning compliance.

Smart wants to bring his staff of about 11 people plus himself — give or take, depending on business needs at any given moment —  and set up shop at the Mix Place site.

Formerly a residence with ample grounds and gardens, trees and smaller buildings, the site was built in 1809 by Ebenezer Mix, and has been a single-family residence and fixture for decades, until the last several years, when left unoccupied it has been vandalized, heavily damaged, and then discovered by Smart. It failed to sell at an auction before he made an offer and purchased it about two years ago, he said.

“I fixed quite a few things that needed attention. There were thieves and vandals that got in there and stole the copper, and they left a big hole in the roof where they ripped the vent stack out of the roof water had just been dumped in there, and it completely destroyed two rooms, and it partially destroyed a couple of others. 

"So I fixed the roof, it was all hot water heat before, which of course, was covered, so I got some heat in there and then also ran dehumidifiers around the clock for months, actually. So then dried it out. And so it's been warm and dry,” he said. “And, then also, we've done some maintenance around the property. So, again, just trying to be a good neighbor, before we can get in there, we took out a whole lot of dead trees, where limbs were falling and things like that, but maintaining the attractive trees that are in there, with no intention of clear-cutting like that it’s too beautiful of a yard. We recently put a roof on the shed … and are working on a roof now for the little gazebo in the back, which is a beautiful little building, so I keep trying to keep things neat over there.”

He sent out a letter to the surrounding neighborhoods earlier this month to introduce himself and his intentions and to invite residents the opportunity to call or email him with questions, comments and concerns. To date, he has only heard positive feedback, he said.

SmartDESIGN does not get a lot of in-person visitors, he said, and oftentimes staff is off-site to tend to customer needs, so he does not expect there to be an issue with traffic. One employee works in Arizona, two others in Central New York that commute one day per week, and remote work is encouraged, he said. The company has been located on Harvester Avenue in Batavia for 19 years.

His firm “delivers architectural and design services throughout the United States,”  he said in his application. “On an average day, there will be five to seven people in the office. With a full office, parking for 10 vehicles would be necessary and can be accommodated at the property.

His intent is to maintain the historic character of the building, he said, including “all roofs, windows, doors, siding and shutters” that will be repaired, and “the entire building will be painted with a “historically-appropriate color palette.”

Despite that first glimpse of a raining interior, why here?
“So when I made the decision that I was going to start looking, (4 Mix Place) popped up on our radar, and we went and took a look … nobody else really had the will to take this project on. There's certainly people that have the finances, but those people didn't have the will. So this is something where I really, really liked this building, I really liked that spot in the city. I think our use is a good fit for the community, and I think we can bring that building back to its past glory,” Smart said. “I would like to have a community opening next year to celebrate our 20th anniversary. We would love to celebrate it in that building.

“One of the things I’d like to emphasize is that anything that we do in that space isn’t anything that couldn’t be undone in the future. This house has been there for 200 years, and it’s going to have a life after me, but it will be my final home and will be here for the life of my business.”

Smart encourages neighborhood residents to contact him with comments at (585) 345-4067, Ext. 112 or by email at esmart@smartdesignarchitecture.com.

City Council is expected to vote on his request, which may include being forwarded to the city’s Planning & Development Committee, during its next meeting on July 10.

A downtown building is in line for $20,000 worth of improvements to its brick exterior and upper back deck if City Council approves the grant request from building owner Cregg Paul.

The money will be in the form of a grant made available through an amended Revolving Loan Fund agreement that was revised in 2019. The revised policy seeks to have private building owners make lasting public and/or facade improvements within the city.

So back in 2019, City Council approved a policy to allow funding from the revolving loan fund to be split out and used for grant funds, specifically for building improvements only. So these grant funds are not for businesses. They're specific to buildings and infrastructure,” City Manager Rachael Tabelski said during City Council’s conference meeting Monday at City Hall. Off the top of my head, I believe there have been eight or nine grant funds awarded, the first one being Guy Clark at Cedar Street (Rentals), who built that new building to house some of his equipment, and I know other recipients have been, Casey Law Firm, I believe Matt Gray, (Gregory Hallock at) GO ART! has as well.

“And they've all been very successful in completing projects here in the city. The latest application is from the Center Street Smokehouse. They have deteriorating brick on their building that they need to repoint; they've needed that for awhile. They have some roof repairs that need to be completed. And they want to redo their second-floor patio facing into Jackson Square to freshen that up and make it look as nice as Matt’s patio. So I'm bringing that for you for your consideration.”

Building owners may request funds for building improvements that have a visual impact and facade work for rehabilitation or new builds, she said in a previous memo to City Council. “The grant of 40 percent of the total cost of the project will be considered, and the amount will be capped at $20,000,” she said.

The request has been approved by the Batavia Development Corp., and the funding will be matched with private funds from Center Street Smokehouse Inc. to renovate the exterior bar and restaurant abutting Jackson Square and to make necessary improvements to the facade and roof of the building.

An investment total for this phase is $50,000. BDC has recommended the grant with a score of 73.2 out of 100, based on “economic development and strategic goal alignment.” Tabelski therefore has recommended that council approve the request of $20,000 for the Center Street establishment.

A resolution will be up for vote during council’s business meeting on July 10.

As summer has just officially thunderstormed its way into the area, it may seem as though there’s plenty of time to put a major equipment decision on ice at the McCarthy arena on Evans Street. Especially when it could cost upwards of $4 million if the city doesn’t get any grant funding.

But from the appeals and official presentations heard during City Council’s conference session Monday evening, time is of the essence. A rapidly failing ice chiller isn’t likely to survive another full season, and without a working chiller, of course, there is no ice, no hockey program, and no evolving 12-month facility that just celebrated “a great first year,” according to arena operator Matt Gray.

That success hasn’t been without a fair share of struggles for Gray and his staff to keep the 20-plus-year-old chiller operational, he said.

“Our staff is doing everything they can to keep it running. It's a great expense with the R 22 (refrigerant). We do have leaks. It's costing, you know, our capital budget through the city is thousands of dollars a year. And that's one of the reasons why it has to be done because we're losing money,” Gray said. “Our staff during the winter, seven times, 10 times a week, are going up onto the roof, and they're thawing out a broken evaporator up on the roof, it freezes solid, it's 20 degrees out, 10 degrees when the wind’s blowing. It can't wait an hour  … We know we have a challenge for this coming year. We've already sat down with all the staff, and they're up for it. 

"We need to make it through this coming season," Gray said. "And we need to stick to the timetable hopefully for 2024 because of the 25 season so that we can open up in September of that season.”

His plea was supplemented by speaker Bob Gray, his dad and one of the founders of Friends of the Rink, who read a list of the many activities, fundraisers, events and related supporters that rally around the ice rink’s purpose. 

From a free hockey try-out day for kids and wrestling to an 80s roller skating party and mega garage sale, in addition to the regular youth and adult hockey leagues, the rink has become an incrementally improved facility that council members should check out for themselves, the elder Gray said.

Tim Sprague spoke on behalf of the Batavia Ramparts youth hockey league, endorsing the rink not just for those players but for others outside of the city that use the facility. The Ramparts has become 200 members strong, and his own participation as a kid got Sprague through a tough time in his life when his mom died, he said.

“Growing up on Harvester Avenue, it was really helpful to have a place where I could go with my friends where they were like family, and I was able to be a part of that hockey community,” he said. “So it's not just the local area people that are using it, it's driving from all around, and it's pulling people into our community. And you're getting to see things that are happening at the rink. I honestly, the dirt bike thing I thought was a wild idea. I couldn't believe how successful that was to see that happen on the ice, and the amount of support that received was just really cool.

“So that's just all I really wanted to say, is just the support that Batavia Ramparts has for that rink and what it means to us. So thank you, we appreciate it,” he said.

John Roach of Batavia came to the meeting to comment on another topic, but while at the podium, he added that investing in a new chiller was “a no-brainer.”  A couple of council members seemed to agree.

Councilman-at-large Bob Bialkowski appreciated the fact that the arena was being handled by someone local, and that has made a difference, he said. Council President Eugene Jankowski believes that the arena is “only getting better every day” and “hopefully we can get this chiller thing resolved.” Councilman John Canale has a lot of drum students that use the rink and believes that “we’re onto something, let’s keep it going.”

Paul Viele thanked the Grays for what they do to support the rink and asked, “What can we do to expedite this grant for them?”

The Climate Smart Communities grant, in the amount of $1,235,000, wouldn’t be available until December, City Manager Rachael Tabelski said. In the meantime, the council can consider applying for a bond to afford the $2.5 million capital project and purchase the chiller. Council would then approve a resolution to apply for the grant, which would be announced in December. The project would be put out for bid and award, to be installed between April and September 2024, before the new hockey season begins.

Tabelski presented two options if the council agrees to go forward with purchasing a new chiller. One is the cost of a debt service payment plan based on 25 years with interest, and the city doesn't get the grant. That tab amounts to $4 million, versus a total offset by the $1.23 million grant and decreased interest payments. 

Her recommendation is based on a feasibility study conducted by the New York Power Authority, which concluded that the chiller should be replaced as a matter of financial practicality.

“You've heard me say it many, many, many times over the past two years. We operate on the R-22 refrigerant, which has been phased out of production. We spent over $90,000 in 21 and 22. You remember the emergency purchases for either refrigerant or oil during that time period. So we built reserves. However, those reserves are being flushed down into buying this refrigerant,” she said. “They absolutely recommend replacing the chiller, the evaporative cooler.

“Specifically, the grant has timeline parameters. So I'm gonna go through it in the presentation, but we have a choice to make tonight to approve a $2.5 million project and have council look at the two different scenarios of bonding and investment. One with a grant and one without,” she said. “My ask tonight is actually to approve it, not knowing whether we get the grant or not, by letting you know we do have sufficient funds in the general fund to make those bond payments. So again, we wouldn't know about the grant until December if Council chooses to 1. approve the capital project and 2. to apply for this grant. So it's kind of like we need to get started now to hit the April timeline of when the ice comes up to move forward with the chiller replacement.”

Council moved several resolutions to the next business meeting on July 10 so that the group could vote on:

• Approving the $2.5 capital project to purchase a new chiller and evaporator system for the ice rink.
• Using a new county program that provides a one-time use of $5,000 for grant-writing services to pursue a Climate Smart Communities grant to offset the cost of the new chiller.
• Agreeing to apply for the Climate Smart Communities grant of $1,235,000.