city council

At the urging of Sixth Ward representative Rose Mary Christian, the Batavia City Council on Monday night agreed to take a stand against New York’s bail reform law that severely curtails the use of cash bail and pretrial detention.

Following a discussion that touched upon the legislation, failed attempts to revise it, and the impact upon communities and law enforcement, Council decided to ask City Manager Rachael Tabelski to draft a letter stating the board’s position and, after Council review, sending the letter to Gov. Andrew Cuomo and other political leaders in Albany.

Council also made sure that a copy will go to the City of Batavia Police Benevolent Association and the Police Chiefs’ Association.

“This law harms police, public safety and it’s up to the judges to eliminate these laws,” Christian said. “These laws need to be changed and revised. I’m asking us to send a letter to the governor, state legislators and the judges to repeal this law.”

Christian said municipal governments need to step up to the plate to stem the rising tide of repeat offenders.

“Our city is not excluded from these violators either. I have people that feel they are prisoners in their houses because of being verbally abused, threatened and intimidated,” she said. “So, I am pleading with us that we send a letter to the judges, judicial department, whatever, so we can try to eliminate this. Coming from us as a body would mean a great deal.”

Tabelski informed Council that although a bill to reform bail reform was introduced in the just-completed state legislative session by minority Republicans, it failed to make it to the floor for a vote.

Police Chief Shawn Heubusch concurred with Christian that bail reform “affects us all.”

“Luckily we live in a community where there is not a lot of violent crime that takes place so our numbers are fairly small compared to the larger metropolitan areas to our east and west and Downstate,” he said. “However, we do deal with issues of repeat offenders. As everyone is aware, there have been several of them featured in the news lately.”

Heubusch spoke of a couple cases that may have not resulted in repeat offenses if those individuals were held on bail in the first place.

He said there has been an increase in violent crime in Buffalo and Rochester, and called statistics from New York City “off the charts” – specifically that 19.5 percent of the people tracked were rearrested once they were initially arraigned for a non-bailable offense, and that 26 percent of the people arrested for burglary in 2020 were rearrested within 30 days of committing the first crime.

“I will tell you that officers are very frustrated with these new laws. They do feel that it is a catch-and-release, if you will,” he said. “It does have an impact on our victims and our witnesses coming forward … We do get a little more resistance when we ask victims and witnesses for statements to come forward and come on the record.”

The police chief expressed disappointment in legislation (not yet signed into law) that would raise the age of juvenile criminal responsibility from 7 to 12.

“So, in other words, you can not arrest anyone under the age of 12 (if signed into law). That’s kind of the state of affairs that this is,” he said.

He also mentioned a parole legislation package that will be brought up in a special session. He said the “compassionate release act” would set free any offender who has served 15 years and is at least 55 years old – no matter the crime.

Tabelski said the discussion on bail reform is important as it makes “citizens and legislators … aware of how this Council feels and how they want to protect the community against offenders.”

Council President Eugene Jankowski Jr. said state leaders “don’t seem to be paying any attention to the problems” before Council Member Robert Bialkowski advised Christian that judges aren’t the ones who can change the law; that is in the hands of the state legislature.

Jankowski emphasized that City Council is behind its police officers.

“I think if I was in their position, as long as I knew that you were fighting for us on the national or state level, I think that would be a good step in the right direction,” he said. “We are very pro-police here. We support our police department … We’ve seen good, so far, retention. I mean we’re not driving officers away like some communities are by their comments and things.”

Heubusch agreed, adding that more and more police officers in larger communities are leaving the profession.

“They’re retiring at a 45-percent increased rate,” Jankowski said. “Hopefully, we can be stable and show our support in discussions like this and (let them) know that we’re behind them.”

Parking lots, trash collection and rezoning of a small parcel on East Main Street were among the subjects of resolutions passed Monday night by Batavia City Council during its Business Meeting in the City Centre Council Board Room.

Council members voted to use $70,000 from the appropriated parking lot reserve to resurface parking lots on Center Street, Ellicott Street and at Lions Park this summer.

Projected cost per lot is $50,000 for Center Street, $12,500 for Lions Park and $7,200 for the Canale lot, which is west of 240 Ellicott St.

Williams Park is on the city’s paving scheduled for 2022-23.

• The board also formally approved an agreement with Casella Waste Systems of New York, which has offered to empty the trash cans at city parks and downtown at no charge.

The pact, set to run through Nov. 30 with the option to renew for up to two years, stipulates that Casella will empty the park receptacles on a daily basis and downtown containers on a weekly basis in return for painting the receptacles dark blue and placing a sign on them, stating “Serviced by Casella Waste.”

• Council, in order to move the Healthy Living Campus project forward, referred to the City Planning & Development Committee a request from the GLOW YMCA and United Memorial Medical Center to rezone a small parcel at 211½ E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to consolidate all the property into a Commercial zone.

The rezoning referral is on the agenda of tonight’s PDC meeting at the City Centre.

Previously, City Council and the PDC signed off on the rezoning of 211 E. Main St.

Project consultant David Ciurzynski said the UMMC/St. Jerome boiler house sits on 211½ E. Main St., which is north of 211 E. Main St.

“Because our building crosses the north property line of 211 into 211½, we need to have it rezoned as well,” he said. “After everything is rezoned we can start the process of combining the various parcels into one parcel for the project.”

In other action, Council approved:

• The appointment of five residents to the City Audit Advisory Board through the end of the year. They are citizens Nicholas Harris, Marc Staley and Paul Battaglia, and Council members Bialkowski and Jankowski.

• The release of $7,136.50 from the K-9 Committed Fund Balance to offset the costs of running the program. City Manager Rachael Tabelski reported that the city received $2,332.47 in donations for the fiscal year ending March 31, 2021, but had $9,468.97 in expenses for the K-9 program during that same period. As of March 31, the K-9 Committed Fund’s balance was at $4,92.02.

After years and years of studies, citizen task force recommendations and broken promises to City of Batavia police officers, the Batavia City Council may be ready to pull the trigger on construction of a new $10.8 million police headquarters on the parking lot at Alva Place and Bank Street.

Lawmakers, during a Special Conference Meeting tonight at City Hall Council Board Room, listened to a presentation of a City of Batavia Police Station Feasibility Study – hearing from Kenneth Pearl, president of Architecture Unlimited LLC, of Williamsville; City Manager Rachael Tabelski, and Police Chief Shawn Heubusch on what it would take to finally move its law enforcement personnel out of the 160-year-old Brisbane Mansion at 10 W. Main St.

“This has been going on so long that now we’re spending $10 million for a building that if we would have built this six, eight, 10 years ago when we were talking about it, it would have been a few million – three, maybe four (million),” said City Council President Eugene Jankowski, a retired city police officer who is well aware of the poor conditions at the current station.

“Every time they (apparently referring to past City Councils) wanted to come up with a price, they would decide to spend tens of thousands of dollars on another study, and they would turn right around and try to say let’s merge, let’s eliminate, let’s become one police department. There wasn’t public support for that; there wasn’t availability to make that happen. It wasn’t feasible and it wasn’t cost-effective to do that.”

Jankowski said that the city abandoning its police force – putting that responsibility on Genesee County – would be unwise.

“I’ve lived in the city and I expect to have a policeman and a fireman nearby when I need one, if my house is on fire or if I’m in trouble … we need our police department,” he added.

Pearl reported that If City Council is indeed serious about building a new home for its police department, it is going to cost $10 million or more, depending on when they build due to the unstable construction climate.

His analysis indicates that the $10.8 million cost of a 19,000-square-foot building, complete with enclosed parking for more than 30 cars, would break down as follows:

• Batavia Police Department Building -- $6,270,000;
• Site Work – Building Project, $570,000;
• Site Work – Public Parking Modification, $660,000;
• Site Environmental Contingency -- $500,000;
• Contingency at 10 percent -- $800,000;
• Professional Fees – A/E/Survey/Geotech -- $880,000;
• Furniture, Fixtures, Equipment -- $650,000;
• Professional Fees -- $390,000;
• Project Expenses -- $80,000.

Should City Council decide to add a secure parking roof structure – a steel roof with no walls or heat -- that would add another $2.65 million to the price tag. Pearl’s report listed that feature as an alternative, along with the installment of an eight-inch water main to replace the current four-inch water main, and a Bank Street improvement public infrastructure program to include traffic calming and pedestrian safety enhancements.

As far as paying for the facility, Tabelski proposed a $10 million improvement serial bond with a 30-year term, noting that annual payments would range from $425,000 to $507,000 for principal and interest.

She said the city, by 2025, could absorb debt payments of $570,000, adding that in the next three years, debt from an energy lease, tandem axle municipal lease and the Enterprise Resource Planning software system will be off the books.

“While there will not be room for other borrowing in the general fund, by 2033, City Hall principal and interest payments will be reduced by $164,000 and by 2036, the entire debt will be paid on City Hall,” she said.

Tabelski said she will be looking for grants in an attempt to drop the amount needed to borrow under $10 million.

Heubusch advised Council of the conditions at the current police station, mentioning a 50-year-old boiler system, deteriorating walls, leaky roof, cramped quarters, lack of air conditioning and inconsistent heating.

In fact, the roof is in such disrepair that Council tonight passed a resolution to spend $100,000 from the municipality’s facility reserve fund to replace the flat portion of the 30-year old roof.

An analysis of that building showed that the flat roof portions above the rear vestibule and the rear addition require a full replacement. Currently, the roof is leaking into the conference room, locker rooms, detective offices and women’s and men’s bathrooms.

Pearl said he considered “four basic criteria” as he evaluated the possibility of a police station at Alva and Bank:

1. “Could we save an adequate amount of public parking that could still be used by its neighboring businesses?”
2. “Could we create enough secure parking within the wall or fence system for the police department itself?”
3. “How much underground public infrastructure are we going to have to deal with (pipes, utilities under the parking lot)?”
4. “And if we leave ourselves enough options after all that to go through a design and engineering process, would a viable project come out of it for the building itself?

Later on, he answered those questions affirmatively, stating that through substantial reconstruction about 115 public parking spots will remain in the lot with plenty of street parking available as well, and that there will be ample parking for police and other vehicles within the compound, next to the one-story facility.

He reported that basic elements of the project are a secure wall and gates, secure infrastructure (including an outdoor generator), storage space, open or covered parking and K-9 accommodation.

“Picture an L-shaped roof … what that allows us to do is create a public entry right here at Alva and Bank, which maximizes the public roadways,” he said. “Something that makes sense. You have the dedicated, primary entrance … you do not have that now.”

He said that police interaction with the community would be at the front of the building while operations and security would be placed toward the back.

Pearl’s report reveals the interior of the building will have a dedicated public entry space, front desk space, administrative offices, detective bureau, patrol offices and training rooms, emergency response team room, technical services areas (firearms, evidence storage, laboratory), accessory functions (locker rooms, break room, garage), interior infrastructure and community space.

Exterior spaces will include a public entry approach, flagpole, memorial area, landscaping, parking spots, generator, transformer, storage barn and K-9 lawn area.

Although he said the architectural and engineering process to get to this point has been complicated, the end result is that placing a building in the public parking lot “is a good option.”

“From a technical perspective, I’m very confident in saying that,” he said.

Pearl said construction could be complete by the end of 2023, but the current pricing would hold only if it went to bid within a year. He called the construction industry topsy-turvy right now, making it difficult to estimate costs.

To illustrate, he said the $8.8 million cost of just a 19,000-square-foot building (without fees and expenses) would have cost $5.7 million just three and a half years ago.

Going forward, Tabelski said the next steps would be putting out a request for proposal to architecture and engineering firms in September for design and surveying work, and then going back to City Council for contract approval/execution and a vote on final bond resolution around December.

City Council Member Al McGinnis was part of the City Police Task Force that worked on finding suitable locations for a new police headquarters about six years ago. He said that a lot of time and effort was spent by the committee and to see that nothing has changed is beyond disappointment.

"The fact that we have put our police through this for the past 20 years, 30 years is amazing," he said. "It violates just about every code you have for a police station. ... We talk, we talk, we talk and when we get done, we talk again. We kicked this can down the road. There's no more road and there's no more can. We have to do something."

Architectural sketches -- Top, the proposed City of Batavia Police Department headquarters at Alva Place and Bank Street (building in red with parking lot in purple); Bottom, parking lot showing 34 spaces for vehicles plus room for cars next to the building. A storage shed (orange) and K-9 area (green) are at left.

According to Wikipedia, as of February 2020, the United States was home to 6,652 known disc golf courses – including 130 in New York -- on the official Professional Disc Golf Association course directory.

And more and more are on the way, says Batavia resident Phillip Boyd, who is hoping to persuade City Council to let him and other enthusiasts of the outdoor sport set up a course on a city park.

“Bergen has one and Pembroke has one. There are so many parks in the (Batavia) area where you could fit a nine-hole course,” Boyd said Monday night as he presented his idea at Council’s Conference Meeting at City Hall, “The popularity of the sport is on a huge rise. COVID might have destroyed a lot of things, but it made the popularity of disc golf insane.”

Boyd, 27, (photo above), played soccer, hockey and lacrosse while attending Batavia High School. He said he became hooked on disc golf about three years ago, but wished he would have started much earlier.

“But since then, I’ve fallen in love with the sport. Last year, I put over 100 rounds in just the summer alone. It’s just a great sport,” he said, adding that the walk through the course provides decent exercise.

A former regular golfer, Boyd said disc golf is a “cheaper way to do the same thing.”

He advised Council members that he and his friends could get a course up and running in about three weeks and it wouldn’t cost the city anything.

“At pretty much all of the courses, they go out to different restaurants or stuff to sponsor a hole. They (businesses) will pay the money for the actual basket … and then the people that want to do it will put it in,” he said. “So, pretty much I just need permission at whatever park is possible to install everything – the tee pads and the baskets.”

Boyd said Centennial Park would be the preferred location, noting there is room there for an 18-hole course but he would be satisfied with a nine-hole course.

“A nine-hole would be easier – not as in the way for people walking their dogs,” he said.

He explained that players toss a Frisbee-like disc from the tee area toward the basket (hole), which has chains on it.

“The object is to throw the disc into the chains and have it (disc) fall into the basket. That’s how you make the hole,” he said.

Scoring is similar to regular golf – the least number of throws, the better.

Boyd said that Buffalo and Rochester are putting up several new courses this year.

“They’re going up everywhere.”

City Council President Eugene Jankowski Jr. suggested that Boyd work with City Manager Rachael Tabelski on the details and that she could report back to Council.

“Maybe that would be something we could consider,” Jankowski said. “I think it is a great idea – present it … and we’ll go from there.”

Boyd said his hope is that the course would be a permanent part of the selected park and offered as another benefit to residents.

The basket with chains serves as a typical "hole" for disc golf.

The Batavia City Council is leaning toward the “let’s try it and if it doesn’t work out, we’ll end it” approach to an offer by Casella Waste Systems of New York to empty the trash receptacles at city parks and downtown at no charge.

Batavian Jeff Pero, Casella’s Batavia Division general manager, previously had reached out to City Manager Rachael Tabelski with the proposal that allows Casella crews to service the parks on a daily basis and downtown on a weekly basis in return for letting the company paint the receptacles (dark blue) and place a sign on them, stating “Serviced by Casella Waste.”

At tonight’s Conference Meeting at City Hall, the board agreed to move a resolution to enter into a contract with Casella to its June 14 Business Meeting for a formal vote. After a brief discussion on the matter, the consensus was to take the business up on its offer and if things don’t proceed as expected, it would use a clause in the pact to terminate it.

Council Member John Canale said he had three concerns with the plan.

“If we allow them to do this and we enter into this agreement … does that mean we’re not asking the citizens then to carry in and carry out? Does this cancel that out?” he asked.

Tabelski said the "carry in, carry out" policy will apply to use of the pavilions at the parks.

“So, when you use a pavilion on the weekends, we’re not doing rentals and we’re not approving overtime of DPW (Department of Public Works) staff or park staff,” she said. “However, we still have garbage cans in the parks around the playground areas and high use areas – which is what they would service.”

Canale that brought up the fact that Casella wants to label the trash cans with the “Serviced by Casella Waste” sign.

“I don’t have a big problem with that, I just don’t want to set a precedent that where other organizations may want to volunteer their services and put up some type of advertisement in the park as well … I don’t want our parks to become a billboard,” he said.

His final issue was what happens if things don’t go as planned.

“If we enter into this agreement and find out that it’s not what we thought it was, do we have a clause in there that we can cancel that agreement at any time?” he asked.

Tabelski said the contract could be cancelled without cause with a 60-day notice and immediately if either party defaulted in any manner.

Council members Rose Mary Christian and Patti Pacino shared that they have received calls from several residents who are against the idea due to poor service from Pero’s former business, Trash Away.

Council Member Paul Viele informed them that Casella is a separate company and that Pero works for the Rutland, Vt.-based enterprise.

“And I think it’s a great idea that they they’re picking it up for free. Thank you,” he said. “If it doesn’t work out, we’ll figure something out.”

Canale agreed to not judge the new company on the past, stating if a problem does arise, Council will address it.

Christian said that she is a Casella customer and said “they’re very reliable.”

Casella’s offer will mirror what is currently being done by DPW staff at the parks and downtown.

Following the meeting, Council President Eugene Jankowski Jr. said nothing has been finalized at this point.

“The process is still ongoing and there’s still now a two-week period of time for the public to weigh in,” he said. “It appears that the public has weighed in so far – and talking about the former company and the former concerns they had with the former company. This is not the same thing, It’s a different company now.”

He said that the impression he got from Council’s comments is that the new company should be given a chance.

“It’s not the same company that people are upset with. However, there still is time for the public to weigh in and if they have a concern, contact your Council member. We won’t be voting on it officially until next meeting.”

In other action, Council moved two other resolutions to the Business Meeting next month:

• Using $69,700 from the appropriated parking lot reserve fund to pave the Center Street lot ($50,000), Lions Park lot ($12,500) and Canale lot west of 240 Ellicott St. ($7,200).

“For the record, that (the Canale lot) has nothing to do with me. It’s the old Canale’s bar,” Canale said, drawing a laugh.

When asked if COVID-19 relief funds could be used for this project, Tabelski said it likely wouldn’t happen for this one – “We don’t have all the rules and regulations,” she noted – but said the might be able to appropriate some of that money for future paving projects.

Williams Park is on the city’s paving scheduled for 2022-23.

• Appointing five people to the City Audit Advisory Board through the end of the year. They are citizens Nicholas Harris, Marc Staley and Paul Battaglia, and Council members Bialkowski and Jankowski.

CALLING ALL PARADE PARTICIPANTS

Bialkowski issued a call for veterans groups and others to participate in next Monday’s Memorial Day Parade, which will start at 9:45 a.m. at the Eastown Plaza.

“We’ve sent out a lot of invitations but the RSVPs are very poor so far this year,” he said. “I’ve only got about a dozen back so far.”

He added that the Batavia High School band will be in the parade, with marchers including law enforcement and fire personnel. He said he believes there will be some pipers and is hoping for Mighty St. Joe’s Drum & Bugle Corps to take part as well.

“We have vehicles lined up for veterans who want to ride,” he said.

Bialkowski can be reached at (585) 409-3624 or at bbwski@yahoo.com.

Previously: City Council to consider Casella Waste System's offer to pick up trash from parks, downtown business district

Batavia native Jeff Pero, in his position as general manager of Casella Waste Systems of New York’s Batavia Division, said he counts it a privilege to be able to support his community by offering free trash pickup at city parks and downtown.

“Being part of this community for 37 years, I’ve been given a lot and met a lot of great people, and I saw this as an opportunity for myself and Casella to give back in a small way,” said Pero, about the Rutland, Vt.-based company’s proposal to empty the trash at the city’s nine parks on a daily basis and throughout the downtown business district once a week.

Pero said he read that Batavia was going to a “take in, take out” policy and contacted City Manager Rachael Tabelski to extend Casella’s services at no charge.

“In my opinion, it takes time for the community to understand that new policy, so that’s kind of why I reached out to Rachael and the city,” he said. “Also, Casella is all about community involvement … and felt that this would be a nice gesture, and it’s a chance to let residents know that we are there for them.”

According to a memo dated May 17 from Acting Public Works Director Ray Tourt to Tabelski, in exchange for Casella servicing the parks on a daily basis and downtown on a weekly basis, the city would provide trash bags for the parks and allow Casella to repaint the trash cans in the parks and place a sign on the receptacles, stating “Serviced by Casella Waste.”

Tabelski, in turn, drafted a resolution that is on Monday night’s City Council Conference Meeting agenda that would forge a partnership between the city and Casella through Nov. 30, with the potential for two one-year renewal periods after that date.

Should City Council agree with the plan, the resolution would be forwarded to its next Business Meeting in June.

Pero sold his Trash Away business (that he owned with his brother) to Casella in September 2019, and in the process, accepted the general manager position for Casella’s Batavia Division. He said that seven trucks, operating out of an office on Apollo Drive, handle refuse collection in the division’s two counties – Genesee and Livingston.

Also, on Monday’s agenda:

• A draft resolution that would authorize using $70,000 from the appropriated parking lot reserve fund to pave the parking lots on Center Street, Lions Park (off Wallace Street) and Canale (west of 240 Ellicott St.).

The respective costs are $50,000, $12,500 and $7,200 for a total of $69,700.

In a memo to City Council dated May 15, Tabelski indicated that resurfacing of these lots is part of a strategic plan to maintain parking lot and sports surfaces. Paving of the Williams Park lot is scheduled for fiscal year 2022-23.

• Several event requests for this spring and summer, including:

-- Just Kings BBQ (May 29 at Williams Park);

-- Blue Pearl Yoga in the Park (June 1-Sept. 30 at Centennial Park);

-- GLOW OUT 5K run (June 10 at Centennial Park) and parade (June 12 at Batavia City Centre parking lot);

-- Home to Home Concert (July 3 at Jackson Square);

-- Genesee Symphony Orchestra 75th anniversary kickoff (July 17 at Austin Park).

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On another City of Batavia matter, the Planning & Development Committee this week recommended changing the zoning of a parcel at 211 E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to accommodate the demolition and subsequent construction of the GLOW YMCA/United Memorial Medical Center’s Healthy Living Campus.

PDC Chair Duane Preston said a letter was sent to City Council, which will vote on the zoning change at a future Business Meeting.

Council had referred the matter to the PDC for its opinion after receiving a request from the project manager to change the zoning so that it falls in line with the two other affected properties.

The City of Batavia Police Department came through with flying colors last month while thwarting a suspected drug deal in the parking lot at the 400 Towers senior apartment complex at 400 E. Main St., but that’s what the executive director of the Batavia Housing Authority has come to expect from municipal law enforcement.

“I observed two different suspected deals, and the second one just after 5 p.m. seemed like it was just starting,” said Nathan Varland, who heads the agency that operates 400 Towers along with other locations in the city. “So, I called 9-1-1 and they sent a car over without lights and sirens to see what they could see and they jumped right into it. It was very responsive and helpful to us, and I very much appreciate the help and support of police and fire.”

The Batavian contacted Varland by telephone this morning, following up on a report by City Council Member Al McGinnis at Monday night’s City Council meeting about the way in which police officers handled the matter.

McGinnis, a commissioner on the BHA board of directors, said the housing authority “would like to thank Chief (Shawn) Heubusch and his people for responding quickly and professionally to the drug issues that occurred at 400 Towers.”

“The manager (Varland) was out for a run in the evening and came back to his place and noticed some individuals dealing drugs,” he said. “He immediately called the police chief and they responded with no lights and no sirens. They were able to contain them and stop the deal, and arrest the perpetrators.”

Varland said some of the residents have witnessed suspected drug deals “where people have met in our parking lot and did not live here – they were not residents.”

“It didn’t seem like there was a ton of activity going on but it seemed to be increasing. So, I contacted Chief Heubusch and a couple people on the police department, asking for some advice,” he offered. “They were super responsive, super supportive. I just can’t say enough good things about the help that they provided to us, and just how quickly they responded when we needed help.”

Varland said he is not aware of any suspicious activity at the location since then, and is grateful for city emergency services personnel’s continuing protection.

“We count on them,” he said. “Honestly, we wouldn’t be in business without Batavia police and fire. They’re just so supportive in helping to meet all of our needs here.”

A small additional fee on City of Batavia residents’ quarterly water bill is all part of a “master plan."

The surcharge, which is based on water consumption, was the subject of a brief exchange at tonight’s City Council meeting at the City Hall Council Board Room.

Council Member Robert Bialkowski, after complimenting tax assessor Rhonda Saulsbury for explaining the property assessment process to citizens that he referred to her, reported that he has encountered “a lot of skepticism” over the home values – mostly increases – that recently were mailed.

“Everybody thinks that once that assessment has changed, we’re going to grab all that money,” he said. “I’ve explained how … the tax doesn’t go into effect until next year. It’s just one of those tough things.”

Then, he said he noticed that there is an additional fee on this year’s tax bill for water.

City Manager Rachael Tabelski said it is a water surcharge imposed by Genesee County that is in the second year of the two municipalities’ 40-year water supply agreement.

Following the meeting, Tabelski explained that the actual surcharge is $1.20 per 1,000 gallons used.

“The charge that shows up on the quarterly water bill is 60 cents per 1,000 gallons and the other 60 cents per 1,000 gallons used will be on the homeowners’ annual city tax bill,” she said.

Tabelski said the rate is based on the water master plan of Genesee County, which sells water to the city on a wholesale basis.

Council passed four resolutions tonight:

• The referral of a petition from the GLOW YMCA and United Memorial Medical Center to rezone 211 E. Main St. from P-2 (Planned Development/medical office building) to C-3 (Commercial) to the City Planning & Development Committee for review.

The zoning change is necessary to have all parcels designated Commercial before the construction of the two entities’ Healthy Living Campus.

Currently, Cary Hall (formerly McAuley School of Practical Nursing) sits on that land.

Council’s action moves the matter to the PDC for consideration at its May 18 meeting. The Genesee County Planning Board is scheduled to make its recommendation at its meeting on Thursday.

Once the PDC makes its ruling, the petition will go back to City Council, which will set a public hearing – likely next month.

• A $161,890 contract with Grove Roofing Services Inc., of Buffalo, to perform the Phase II roof replacement at the City Centre. Grove Roofing performed the first phase of the roof repairs and replacement to the city’s satisfaction, Tabelski said.

• A contract not to exceed $29,412 with AJ’s Tree Service of East Amherst to trim and remove trees in the city during the course of the 2021-22 fiscal year. Costs are determined on the size of the trees to be removed.

• The closing out of a Mall Fund after the issuance of a check for $13,970.84 from the city to mall merchants. Tabelski said the check was cashed last month, leaving no other cash in that fund.

In other developments, Council approved an All Babies Cherished vendor event for 10 a.m. to 4 p.m. May 22 at the City Centre mall concourse, and the Memorial Day parade for 9:45 a.m. May 31, starting on East Main Street.

Council Member Rose Mary Christian said that she attended tonight’s Batavia City School District Board of Education meeting prior to the City Council meeting, and let board members know that the school district has the highest tax rate in the county, followed by Genesee County and then the City of Batavia.

She said she asked them to reduce the rate, especially since students were not in school all year – resulting in savings in the amount of gas, electric, water and transportation used.

“They also presented their budget, which wasn’t that bad but it’s not that great either,” she said.

Before Cary Hall at 211 E. Main St. can come tumbling down, the land that it sits on needs to be rezoned, according to the consultant representing the GLOW YMCA and United Memorial Medical Center in their efforts to construct a new Healthy Living Campus in Downtown Batavia.

David Ciurzynski of Ciurzynski Consulting LLC, of Attica, has petitioned City Council to change the zoning of that parcel from P-2 (Planned Development) to C-3 (Commercial) in order to have all of the land involved in the state Downtown Revitalization Initiative project under the same zoning designation.

P-2 refers to the current office medical building that is on the site originally occupied by the Cary Mansion, which was demolished in 1964 after nearly 150 years as a historical landmark.

“We have to take three or four parcels and combine them into one for the new building,” Ciurzynski said today. “It’s a commonplace process in projects such as this.”

The matter is on the agenda of Monday night’s City Council Special Conference and Business meetings.

A $30 million venture, the building will provide integrated services of the YMCA and UMMC, which is part of the Rochester Regional Health system. Construction is scheduled to start this fall and is expected to last into 2023.

The two-story facility will be situated on a stretch of land between the current YMCA and Wiard Street, covering 211 and 213 E. Main St. The parcel at 213 E. Main St., which once was the site of the Batavia Elks Home, is zoned C-3.

In his letter to City Council, Ciurzynski wrote that 211 E. Main St. “was likely kept as P-2 given the use of the building at the time of the zoning map changes.”

“The property was most recently used as a medical office building storage (it is empty now) and will be demolished to make room for the new GLOW YMCA/UMMC Healthy Living Campus upon approval of this rezone request," he wrote. "Upon completion of the new campus, the existing YMCA will be demolished.”

City Manager Rachael Tabelski, in a memo dated April 29 to City Council, advised that Council has the authority to refer matters such as these to the City Planning & Development Committee for review and recommendation. Thus, Council will consider a resolution drafted to make that happen.

Some history of 211 E. Main St., per a story on The Batavian, from 2012.

• The Cary Mansion was sold to St. Jerome Hospital in 1959 and it was taken down with about 30 days' notice five years later per orders of the hospital’s board of directors;

• The hospital began building a nursing school on the back of the property and then with very little notice decided to tear down the mansion to expand the nursing school, which was called the Catherine McAuley School of Practical Nursing. The program ran from 1963 to 1981.

• In 2012, a marker commemorating the mansion site was erected. The inscription reads: 1817-1964. A gift to his wife by Trumbull Cary, merchant, bank founder, NYS senator and first Batavia treasurer. The marker was paid for by the William C. Pomeroy Foundation.

• The building is now called Cary Hall and is owned by UMMC.

The City of Batavia offers nine parks for citizens to enjoy, starting at 7 a.m. until dusk each day.

All city officials are asking in return – at least for this recreation and picnic season – is for users to take out any and all trash that they take in.

“We are not accepting pavilion rentals this year, which means that the park is open to the public and anyone is free to use it,” City Manager Rachael Tabelski said. “If residents use the pavilions we are asking them to ‘carry in and carry out’ (their trash) at this time.”

Tabelski added that trash receptacles will be placed in high use areas for patrons to use, especially around the playgrounds.

At Monday night’s City Council meeting, she emphasized that trash containers will continue to be available on Main Street as well.

Council President Eugene Jankowski Jr. said that he wasn’t sure why comments found on social media sites indicated that the city would not be placing trash cans along Main Street.

“It wasn’t a city official spokesperson that even mentioned Main Street,” he said.

Tabelski said that Council, during budget discussions, decided to reduce overtime for the parks department “and one of those ways was to ask citizens who use the pavilions to carry in and carry out.”

The city’s nine parks are as follows:

• Austin Park, 15 Jefferson Ave.;
• Centennial Park, 151 State St.;
• Farrall Park, 101-111 Otis St.;
• Kibbe Park, 105-111 Kibbe Ave.;
• Lambert Park, 100 Verona Ave.;
• Lions Park, 108 Cedar St, and 8 Wallace St.;
• MacArthur Park, 252B State St.;
• Pringle Park, 14 Pringle Ave.;
• Williams Park, 101 Pearl St.

More information about the parks can be found by clicking HERE.

The implementation of New York’s recently passed legislation allowing the recreational use of marijuana for residents 21 and over is a year or two away, but the Batavia City Council believes it’s not too soon to gather as much information as possible and to gauge the pulse of its citizens.

At their Conference Meeting tonight at City Hall, Council members and City Attorney George Van Nest engaged in a 33-minute back-and-forth discussion about the new state law, officially known as the Marijuana Regulation and Taxation Act.

Council Member Robert Bialkowski asked to have the topic placed on the agenda and Batavian Sammy DiSalvo, during the public comments portion of the meeting, said he wanted to know if the board has taken a position – either for it or against it.

“With the passage of the MRTA about three or four weeks ago, municipalities have until December 31^st of this year to opt out of allowing – I think it’s either the sale or places to pop up to either use drugs, specifically pot, in a recreational kind of way,” DiSalvo said. “Is the city leaning toward banning all of that? Because you can opt out up until December 31^st -- after December 31^st you can no longer opt out, but can opt back in.”

Van Nest concurred with that assessment, adding that municipalities can opt out “through a local law adoption” and they have to do so before the end of 2021.

“If that local law is filed, basically it doesn’t become effective for 45 days, giving the public to file a referendum or a petition seeking to have that question brought before the voters,” he said. “So, essentially what is required is a trigger of 10 percent of the electorate – the voters for the last electorate, rather – and then, if a sufficient petition is filed with sufficient numbers, the question of whether or not the opt out would go before the public in a subsequent election.”

Bialkowski kicked off the discussion, inquiring about the effects of secondhand smoke from marijuana on children. That prompted Council President Eugene Jankowski Jr. to point out that, like cigarettes, marijuana use would not be allowed at city parks. But, under the new law, adults would be free to smoke cannabis in their homes and on a public street.

Jankowski said he learned from a webinar with the New York Conference of Mayors that businesses would be limited to being either a grower, seller or an on-premise place of consumption. He added that the state has set up a Cannabis Control Board, a five-member group that will be working with an advisory committee to create the Office of Cannabis Management.

According to published reports, the CCB is expected to be in place within a few months, and will get the process rolling for the granting of licenses to dealers and formulating rules and regulations.

After Council Member Al McGinnis said that federal laws on marijuana will supersede state laws, specifically mentioning federally operated housing and the inability to purchase a gun, Jankowski said he thought it would be wise to wait until regulations are adopted and then for Council to direct City Manager Rachael Tabelski to “get involved in the code enforcement planning process.”

Jankowski said he believed the city would be limited in what it could do, other than define the location of a dispensary and possibly the hours of operation. He said he liked the idea that the law adds to the control, regulation and safety aspects of marijuana, which would stop juveniles from getting their hands on it.

He also indicated that he was keen about the fact that municipalities with a dispensary will receive 3 percent of a 13-percent excise tax on marijuana sales.

Jankowski’s contention was that if Batavia was to opt out, a dispensary could be set up just outside the city limits and the city would miss out on revenue that could go toward increased police patrols or other measures to mitigate any negative effects of legalized pot smoking.

Council Member Rose Mary Christian wasn’t buying that reasoning, however. She said that it’s “absolutely correct that it (marijuana) is already out there” and the law was passed only because the state needs the money.

“They really don’t give a damn about kids or adults, and the fact that they would be loaded all the time and cause accidents like they are in the state of Colorado,” she said, calling for Council to opt out as soon as possible.

Van Nest then weighed in, noting that while the use is authorized at this point, the actual sales likely won’t happen until 2022 or 2023 as it will take that long to set up the regulating agencies and parameters concerning consumption, growing and sales. The attorney also said that cannabis will be treated in the same manner as cigarettes and vaping when it comes to secondhand smoke.

“Relative to the zoning issue, it’s going to be up to the municipalities whether or not they want to regulate time, place and manner,” he said.

Jankowski said he was advised that people will not be able to grow marijuana plants until all the regulations are in force.

“I think a lot of people are thinking, ‘Hey, in a couple of months I’ll have my own supply – it’s legal now.' But technically, they’re not allowed to grow it because if you grow it and give it away … it becomes a violation …,” he said.

The council president then asked his colleagues how they felt about opting out.

Christian said she was in favor of that, while Bialkowski brought up the possibility of a public hearing to get residents’ opinions. Van Nest said no to a public hearing but stated that a public information meeting would be in order.

After Jankowski said an opt out wouldn’t really solve anything because people could purchase marijuana and transport it back to the city, Christian said she wasn’t worried about other areas, just the kids in Batavia.

Jankowski said it wasn’t his responsibility to tell adults how to live their lives before Bialkowski suggested having someone from the outside – a professional – come to a Council meeting to educate the board members.

Again, on the opt out, Jankowski said, “I personally think it’s a waste of time and we’re cutting ourselves short by not at least regulating it and keeping an eye on it, and keeping it close so we can pay attention to what’s going on. If we have a problem, then at least we have some money (from the excise tax) to compensate for that problem."

Council members Patti Pacino and Kathleen Briggs said they would support “an expert” coming in to advise them about the provisions of the law, leading Jankowski to say he didn’t want to have 500 people at a meeting with half against it and half for it, “and not really resolving anything.”

Council Member John Canale compared the situation to that of alcohol sales, concluding that opting out won’t accomplish much by disallowing sales in the city because people will “walk in and buy it (pot) and walk out with a bag in their hand.”

Canale then suggested getting public input, asking residents to contact their councilperson with their thoughts on the matter. He added that he didn’t think there will be much of an outcry either way.

In the end, Jankowski said the issue would be “tabled for now” and reconsidered when Council hears more from the state. He then asked Tabelski to keep Council informed as new developments occur, once again mentioning that the city would receive 3 percent of the excise tax generated by cannabis sales.

New York State officials are indicating that marijuana sales are expected to generate $350 million in revenue to the state per year, and around 50,000 jobs will be created.

Previously: Marijuana use debate takes new twist now that NYS has legalized recreational use for adults

During a Special Business Meeting after the Conference Meeting, City Council passed resolutions, as follows:

• Hiring of a police officer and two firefighters and funding special police details after learning that an additional $262,656 was coming to the city in state Aid and Incentives for Municipalities’ funding. Tabelski noted “the stability of AIM money” in her recommendation to unfreeze these positions, which were left vacant during budget deliberations.

• Contracting with Keeler Construction Co. Inc., of Albion, to replace an old and inefficient air header – a key component for providing oxygen back into the ponds to digest waste at the wastewater treatment plant. The amount of the contract is $777,425. The air header replacement is part of a $1 million wastewater treatment plant project.

• Applying for a grant for $328,000 from the Northern Border Regional Commission, which would cover 80 percent of the cost to upgrade water lines on Bank Street between Main Street and Washington Avenue in support of future development projects as well as improving water pressure for fire suppression. The City would be responsible for 20 percent – or $82,000 – of the project’s total cost.

Updated, April 24, 9 a.m., with comments from City Manager Rachael Tabelski:

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The City of Batavia is “AIM-ing” to fortify its public safety personnel roster.

City Manager Rachael Tabelski, in a memo to City Council dated April 16, is proposing the restoration of a police officer and two firefighters to the 2021-22 budget and the funding of overtime for the Neighborhood Enforcement Team and community policing special details.

This action is possible, she wrote, as a result of New York State passing a budget that includes the full amount of Aid and Incentives for Municipalities’ funding to the city. The city now will receive $1,750,975 in AIM money -- $262,656 more than it had budgeted.

"These vacant positions are now able to be hired if City Council approves the budget amendment," Tabelski said. "AIM aid is an annual reoccurring revenue, and was only adjusted down by the state because of COVID. Once restored in the final state budget, I am comfortable using it to restore positions."

She added that the city workforce would still be short one police officer, one firefighter and one laborer position even after these other three posts are restored.

As far as the overtime funding, Tabelski said, NET and community policing are "special overtime police details normally funded each year via the city budget, but were cut due to COVID revenue challenges."  

"These details include increased neighborhood and community patrols, and community engagement assignments," she said.

Tabelski will be recommending that Council amend the city’s budget to account for the additional funds, allocated as follows:

Police Salary -- $66,464;
Police State Retirement -- $12,033;
Police Social Security -- $6,503;
Fire Salary -- $124,197;
Fire State Retirement -- $23,563;
Fire Social Security -- $12,240;
Police NET Salary -- $7,070;
Police NET Social Security -- $586;
Community Policing Salary -- $9,235;
Community Policing Social Security -- $765.

This proposal is on the agenda of Monday night’s Conference Meeting and, if forwarded, to a Special Business Meeting afterward. The Conference Meeting is scheduled for 7 o’clock at the City Hall Council Board Room.

Other items on the Conference Meeting agenda:

• Superintendent of Maintenance Ray Tourt will report that bids solicited for a contractor to replace a portion of the City Centre roof will be opened at 10 a.m. on April 29.

In a memo to Tabelski dated March 30, Tourt said the project will involve work not included in the Phase 1 roof replacement – the hallway nearest Dan’s Tire & Auto, the west side loading dock and the utility area. The entranceways (silos) will be part of a future project.

• Tourt also advised that AJ’s Tree Service of East Amherst submitted the low bid for annual trimming and removal of city trees as budgeted in the 2021-22 city budget. The contract expires on March 31 but can be extended for up to two years if both parties agree.

The amount of AJ’s Tree Service’s bid was not disclosed in the memo.

The Special Business Meeting agenda includes:

• A resolution to award a contract to Keeler Construction Co. Inc., of Albion, to replace an aging and inefficient air header at the wastewater treatment plant.

Keeler’s bid of $777,425 was considerably less than the next lowest bidder, Village Construction Co., of Victor, which submitted a bid of $1,263,175.

In a memo to Tabelski dated April 19, Tourt wrote that the project will cost an additional $854,000 for engineering work.

As previously reported on The Batavian, the air header is operating at 20 percent of capacity, forcing city officials to move up the timetable to get it replaced. The air header is essential to providing oxygen back into the ponds to digest waste.

Replacement of the air header is part of a $1 million wastewater treatment plant project.

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Monday’s meetings are open to the public with appropriate facemasks, social distancing and temperature screening upon arrival.

Options for viewing the meeting include streamed LIVE on Facebook: https://www.facebook.com/bataviany/ or Spectrum Channel 1301 at 9 a.m. April 28 and 8 p.m. April 30.

In light of the frustration expressed at Monday night’s City Council meeting by two Batavia residents over the assessment letters they had received earlier in the day, The Batavian reached out to the city’s assessor for insight into the process of determining a home’s fair market value.

Rhonda Saulsbury, assessor for both the City and Town of Batavia, responding to an email, said that while many factors are considered for comparison purposes, all of a home’s information is run through a computer program prior to conducting a field review.

“The City of Batavia strives to maintain a 100-percent equalization rate -- sale price to assessment ratio -- which means that we keep our assessments at market value,” Saulsbury said. “To accomplish this, we do yearly revaluation and make adjustments accordingly. Values can adjust due to physical changes and/or market changes.”

Saulsbury said each property is placed into an appraisal software system, comparing the building style, square footage, year built, number of bedrooms and bathrooms, and lot size against the recent sales data.

“We then do field review to determine the fair market value based on the aforementioned data,” she added.

She said that each neighborhood within the city is reviewed annually, but “we only update values in those that have experienced an increase in market values, thus we end up ‘rotating’ the neighborhoods.”

“This year we sent out just over 4,300 change-of-assessment notices throughout the city,” she said.

As mentioned at Monday’s meeting, the city canceled this process in 2020 due to the COVID-19 pandemic. Since then, sales of homes in the $100,000 to $200,000 have been extremely brisk.

“Now, as sale values have continued to climb upwards 20-plus percent above assessments, we are again adjusting assessed values in accordance with New York State Real Property Tax Law guidelines,” Saulsbury advised.

She said property owners have opportunities for assessment review if they believe they could not sell their property for the new assessed market value.

“The procedures to request the review are included with the change-of-assessment-notices (see the link to the previous story below). As at any time, we encourage an open-door policy to anyone with a question or concern,” she said. 

Property owners can call 1-866-910-1776 to inquire about the valuation process or informal assessment review process, Saulsbury said, and they also can receive an email with the individual market document that includes the specific sales used for any given property. 

If a property owner does not have access to a computer, printer or scanner, all relevant forms can be picked up at the City Clerk’s Office Monday-Friday from 8:30 a.m. to 4:30 p.m.

Saulsbury also said that the City of Batavia sale and inventory books used to calculate the new assessed values can also be viewed any time in the City Clerk’s Office or at Richmond Memorial Library to help in preparing an Informal Review Application. 

To access the above-mentioned information online, go to: https://cityofbatavia.prosgar.com/ and look for the RED links. 

To submit the Informal Review Application, email it to:   batavia2021@garappraisal.com or bring it into the City Clerk's Office.

Previously: Council advice to angry homeowners: Take your concerns to 'Grievance Day'

With a key component of the City of Batavia’s wastewater treatment plant operating at just 20-percent capacity, Maintenance Superintendent Ray Tourt says that it’s imperative to move up the capital project plan timetable to get it fixed.

“We desperately need to get that air back into the pond,” said Tourt at Monday night’s City Council meeting, talking about a faulty air header system at the plant. “We recognize how severe it is becoming.”

Tourt said the city has received about 10 years less than the expected 40-year life of the system, which introduces supplemental air to the three primary wastewater ponds.

In a memo to City Manager Rachael Tabelski dated March 29, Tourt wrote that “this air provides oxygen to the ponds to effectively digest waste.”

“Even though this project is scheduled for (this fiscal year), it was discovered that the system’s rate of decline is higher than originally anticipated,” he wrote. “For this reason, the project is being advanced as quickly as it can be.”

City Council acted favorably to his request, forwarding a resolution to contract with the lowest bidder to its April 26 Business Meeting. Opening of the bids is scheduled for April 19.

Tourt said work will be done in sections, starting with the large 16-inch line and working down to the six-inch line. He noted that the lines will be wrapped to prevent deterioration from the elements.

He said the system is leaking a “significant amount of air” and is creating a distinct odor near and around the ponds. Once that segment of an overall $1 million wastewater treatment plant project is finished – hopefully be the end of summer, he said crews will evaluate the plant’s compressors and diffusers.

In other action related to infrastructure, Council forwarded a resolution to apply for a Northern Border Regional Commission grant in the amount of $328,000 to partially fund a waterline project on Bank Street. The total cost of the project is approximately $410,000 but the city would be responsible for a local match of 20 percent ($82,000).

Tabelski, in a memo to Council dated April 6, wrote that work is needed “to improve water pressure and fire suppression capabilities on Bank Street, as well as enable future development on the City Centre campus and the Alva Place location for the (new) police station.”

She wrote that the Bank Street waterline will be expanded from its current four- and six-inch lines to an eight-inch line.

City Council Member John Canale relayed some “fatherly” advice Monday night to a pair of Batavia residents who came before the lawmaking body to express their aggravation after receiving notification of significant increases in their home assessments earlier in the day.

“My father gave me this advice years and years ago, and I’ve used it,” said Canale, addressing Wendy Walker of Otis Street and Karen Sherman of James Street – homeowners who spoke about their struggles during the public comments portion of Council’s Business Meeting at City Hall.

“I would definitely sign up for grievance day but don’t go in there and say I can’t afford this raise, please help me out. It’s not going to work,” Canale said. “You’ve got to do your homework. If you’re able to go online, you can access the Genesee County site, you can access houses in your neighborhood, you can access houses in other neighborhoods that are similar to your house and compare the assessed values of those houses to the assessed value of your house. Go in with the ammunition of why your house is being assessed higher than other people’s houses, if that’s the case.”

Canale said that a “booming” housing market is driving assessments up, mentioning that houses are going for $25,000 to $30,000 over the asking price “and people are coming in with cash.”

Walker said she came to the meeting to “protest and contest” the increase in the assessment of her house.

“I don’t know how that was made or why the increase to such a dramatic amount. The problem being is that we live on the Southside. I don’t know where this money is going that you’re going to be using because the Southside has not been improved,” she said.

Walker said there is a lot of crime in that area and “nothing has been cleaned up; nothing has been done.”

'What About My Justice?'

“The last time I checked, even in the pledge of allegiance, we say liberty and justice for all. What about my justice? Where are my taxes going? We pay the highest taxes in the nation, and there’s nothing to show for it. Not where I live, not on the Southside – no improvements. If I’m wrong, I surely would be willing to acknowledge my error in saying that, but I don’t believe it – I don’t.”

She said that her neighbors feel the same way and many people are moving out of New York for these reasons.

“And I think we should take that into consideration in the small, little town of Batavia,” she said. “I don’t understand this. If we’re getting all of this money from the government and I don’t know what that money is necessarily earmarked for – I don’t understand all of it – but it would seem we could help the little people in Batavia.”

Walker mentioned that her husband is disabled and on a fixed income, and his allowance barely goes up.

Sherman said she is a single mom who is providing for her daughter without any public assistance.

“You guys have raised my taxes every year since I bought my house. I get when you buy a house, it comes with a lot of maintenance and stuff, but every single year something has gone wrong – new roof, my windows have broken, gutters have come off,” she said.

She said her assessment went up $19,000 last year, and this year it is going up $30,000.

It's Getting Tougher and Tougher

“This is becoming very hard for me as a single parent and I do not get assistance,” she said. “I own my own business … I had to pick up two other little odds-and-ends jobs to make ends meet. Again, I just want to know why, where this is going and answers.”

In response, City Manager Rachael Tabelski said there was no reassessment last year.

“When you reassess a home, you assess it on value of comparable sales of like homes,” Tabelski offered. “And that’s all done through formulas and data. I don’t even see what reassessments are done in our community, just so everyone is aware. We do know that there were assessment letters that did go out this week.”

She, too, encouraged homeowners to call the assessment office for an informal review, adding that the assessor (Rhonda Saulsbury) will “gladly speak to you over the phone, on Zoom or through email to discuss the level of assessment and why.”

“And you can explain and challenge why that happened. If you don’t find that as a remedy, you can move to Grievance Day, which is the first Thursday after the fourth Tuesday in May (the 27^th), and you could have assessment formally grieved in front of a board of your peers rather than the City of Batavia.”

City Council President Eugene Jankowski Jr., also an Otis Street resident, said that he received his assessment letter just prior to the meeting and explained that reassessment is a regular process.

“They don’t just pick houses randomly. They use sections of the city and they try to rotate it around every so many years,” he said.

The discussion then shifted to Tabelski and Council Member Robert Bialkowski defending the city’s budget and tax rate.

Tabelski: City Taxes Less Than Others

“The city actually has the lowest percentage of taxes we pay,” said Tabelski, noting that taxes pay for police, fire, snowplowing, parks and recreation and other services. “The county is slightly higher and then the school district, so it’s an ‘all in’ rate."

Bialkowski said the city doesn’t raise taxes (it did raise the tax rate by 1.38 percent this year, however) and doesn’t determine the assessments, but sets a tax levy that is distributed among property owners.

At that point, Viele expressed his frustration over the school tax rate.

“What I really want to complain about is the school because the (Batavia City) school (District) is out of hand. They need to have their head examined.”

Bialkowski compared the taxing entities, mentioning that taxes levied by the school district were more than $19 million compared to the city’s $5.25 million.

Jankowski said in recent years the city did not increase the property tax rate.

Christian: People Are Hurting

Council Member Rose Mary Christian proceeded to sympathize with Sherman and Walker.

“It’s fine and dandy what everyone is saying but government is out of control,” she said. “We’re not doing anything to help these people. Here’s a single mother by herself, taking care of her daughter. There is a mother, a woman, a wife taking care of her husband. Some of you have two incomes coming in; that’s fine and dandy for you. But there’s people out here that are really hurting and they need help.”

Christian, too, said they should take their concerns to Grievance Day.

“There’s no doubt about it -- schools are out of control. I would like to go to the next school meeting and I want to know if any of you want to join me,” she added. “And as far as our budget goes and everything else, we’re down $400,000 … and when May comes you’re going to see that people are really hurting because they’re not going to be able to pay their taxes.”

Photo: Karen Sherman, right, makes a point about her home's assessment as Wendy Walker looks on at Monday night's City Council meeting. Photo by Mike Pettinella.

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Information from the assessment letter:

If you disagree with your new Full Value Assessment:

• Go to https://cityofbatavia.prosgar.com
• Print an Informal Review Application
• Email your completed Informal Review Application to: batavia2021@garappraisal.com
• All Informal Review submissions must be received by April 23, 2021 for consideration
• For questions or more information, please call 1-866-910-1776 no later than April 21, 2021.

As the Batavia City Council voted Monday night to consider accepting five easements from the Town of Batavia toward the maintenance of Ellicott Trail, its members encouraged residents to take pride in the 9.7-mile recreational walking and bicycling path by picking up trash along the way.

Council President Eugene Jankowski Jr. said he was on the trail recently and noted that “the part from Jackson to Pearl Street is pretty rough.”

“It’s pretty washed out and there’s debris – there’s surgical masks laying on the side of the road,” he said. “Now, that’s the new thing. (With) COVID, everybody’s throwing their masks away; they’re falling out of their pockets and this waste is laying around on our streets now, and there are some on the trail itself.”

Jankowski said he realizes that it is spring and outside has that “look to it,” but wanted to know the city’s timetable for cleanup and suggested rounding up some volunteers to help out.

City Manager Rachel Tabelski said the process starts with accepting the transfer of the easements at 665 E. Main St., Batavia Gardens, Ellicott Station (two) and Elmwood Cemetery.

The city then would be responsible for maintaining these areas as they are located inside the city limits form Pearl Street Road to Cedar Street, but the county will maintain the DeWitt Recreation Area on Cedar Street.

During planning and construction of the trail, the town acquired various easements for real property in the city but, per a resolution to be formally voted on in two weeks, these parcels will be transferred back to the city.

Tabelski also reported that a volunteer group led by John Roche, owner of Adam Miller Toy and Bicycle on Center Street, is willing to help pick up trash along the trail, and that the city will schedule “ongoing maintenance” to coincide with the park schedule this spring and summer.

Officially opened last year, the 10-foot-wide trail consists of crushed stone along 4.9 miles of old railroad beds. When you add in sidewalks, bike lanes and bridges, the entire trail is 9.7 miles, with the eastern entrance on Seven Springs Road and the western entrance on Industrial Boulevard (off Pearl Street).

Council Member Robert Bialkowski said he was looking for the city’s annual cost to maintain the trail.

Tabelski said it would cost about $7,000 in materials every five years and that city Department of Public Works employees would take care of the maintenance.

Interim DPW Director Ray Tourt said “to figure on eight to 10 times per year for additional mowing.”

“As for materials, we’ll have to kind of figure it out – it is new,” he said. “The town’s idea is that we should be able to go five years without putting a new top on it – another layer of stone dust – but there are some washed out areas that they’ve committed to repair this year.”

Bialkowski then asked for an annual labor cost, to which Tourt replied, “About $4,000 annually, and we’re going to have a bump when we do that recap at around five years. And we’ve got about a week’s worth of work there, also.”

Council Member Paul Viele then asked about security on the trail, mentioning that college campuses have put up blue lights for illumination and for emergency situations.

“Do we have anything back there for these young girls walking the trail? There are a lot of idiots out there, you know, that could be hiding in the woods. I’m just concerned with safety – girls jogging, running, walking, whatever …” Viele said.

Jankowski said most people have a cell phone with them, the trail is “pretty open” and that he feels safe walking the trail because he has a view of 100 yards in each direction. He added that developers didn’t include the expense of having emergency lights, but Tabelski said Viele had a “valid point” as she has considered that as well.

Bialkowski then said he wanted to get back to his original point, calculating that the annual cost to the city for materials and labor would be about $5,500. He said that because the city’s DPW crew is already stretched, he urged residents to pick up trash when they see it and “to pitch in.”

Jankowski then brought up that he considered the trail’s crossing point on Cedar Street as dangerous.

“You can’t see that traffic from that location, and I know enough to cross down the road more. But if you follow the trail, it wants you to cross on the downslope, near the overpass where the train tracks are, and your blind spot is that left side,” he said.

He asked Tabelski to look into possibly moving it closer to the entrance of DeWitt Recreation Area. He said it was a “marking issue” and suggested moving it over about 30 feet to make it safer, especially for those riding bikes.

Calling it a “nine mile park,” Jankowski said the trail is very popular. He said he must have seen a couple hundred people along the trail recently.

Council Member John Canale then suggested an “adopt a highway” program where certain community groups commit to maintaining a section on an annual basis.

“We might somewhere down the road, may want to look at offering some various local groups, especially groups of young people, that might want to take on a project like that and say, ‘This is our portion of the trail that we’re going to adopt and every spring we’re going to go and do cleanup,’ ” he said.

The Batavia City Council tonight asked City Manager Rachael Tabelski to look into getting a police report of a vehicle-pedestrian incident last Thursday afternoon involving a Batavia woman and her grandchildren.

Council Member Rose Mary Christian made that request on behalf of the board, calling it an “unfortunate” situation.

“I would ask that the individual involved be the one that we release information to,” said Tabelski, following Mary Ellen Wilber’s account of what happened to her sister and her three grandchildren at the intersection of Main and Ross streets.

Wilber, an Attica resident who grew up in the city, was speaking at Council's Business Meeting on behalf of her sister, Batavian Michelle Gaylord.

Gaylord was walking on the north side of Main Street with her 15- and 11-year-old grandsons and 11-month-old granddaughter, who was in a stroller. They were en route to Gaylord’s home on Fisher Park around 3:30 p.m. after spending time at the mammoth sale at Resurrection Parish.

According to Wilber, a woman driving an SUV on Ross Street, heading south, approached the intersection and made a right turn onto Main Street while Gaylord and the children were in the intersection. The vehicle struck the buggy, knocking the 71-year-old Gaylord to the ground.

“The reason I am here, correct me if I’m wrong … is when we took our road test and took our driver’s ed – please understand I am not trying to be facetious – as I recall that we all learned … we were told that drivers must have complete control of their vehicles at all times,” Wilber said. “It was the number one rule I was taught. And I took my course and I took driver’s ed, and ever since I’ve been driving for almost 50 years.

“We also were always told that pedestrians had the right of way, especially when they’re in the crosswalk. And we were always supposed to be cautious. My greatest fear was ever hitting a child. It scares the heck out of me, even now.”

Wilber went on to say that the Gaylord family waited for the light to turn red and began crossing Ross Street (which is marked at the intersection by a no right on red sign from Ross onto Main).

Showing a diagram that she had made as she spoke, Wilber said “a woman came to the stoplight, stopped for a second and proceeded to go through the light – striking my sister as she moved the – thank God it was an Eddie Bauer* -- stroller away because it had shock absorbers. She fell onto the road, the kids jumped back and the lady just, oh my goodness – she hit my sister.”

The driver, according to Wilber, asked Gaylord if she was OK and “proceeded to go on her merry way.”

She said people in two cars behind the driver in question saw the incident and called the police.

“My sister was so shaken, she was so worried about the kids; she waited on the side until her son, Joshua Gaylord, came to pick them up,” Wilber said. “Nevertheless, to say, the police in our City of Batavia chose not to ticket the woman who drove; chose not to believe my sister; chose not to believe the two witnesses; and chose not even to talk to the 11-year-old boy, who when he told his teacher at Robert Morris (actually the Middle School) today, confirmed – ‘Oh no, drivers are always supposed to be in control and you never, ever, ever hit a pedestrian and pedestrians always have the right of way.’ ”

Wilber said the boy has had nightmares over the incident.

She also said that the two witnesses called the police department and then Gaylord called and spoke to an officer “who said to her, there is no report, there were no damages, and you didn’t go to the hospital.”

“My sister, who has been a nurse and served this community for 35 years at the VA Hospital – helping veterans – and you all know me, I served the city on the City Charter Review Commission and as a Youth Board member for six years,” Wilber said.

She said that that the officer told Gaylord, that “we know your sister (Wilber). She called to speak to Chief (Shawn) Heubusch; he’s not going to talk to her anyway.”

“You see, there’s a resentment from what happened to my brother (the late David Zanghi, who was forced out of his Liberty Street apartment in November 2019 as a result of a police standoff with the upstairs tenant),” Wilber said, adding that Police Chief Shawn Heubusch looked down upon Zanghi, who had obsessive-compulsive disorder and post-traumatic stress disorder.

Wilber said her niece, who is an attorney in Livingston County and the baby’s mother, has tried to get an incident report but was told that she would have to file a Freedom of Information Law form to get it.

“Her daughter was involved in this accident – couldn’t get a report. My sister can’t get any information. Ridiculous. You know the law; drivers have to be in control of their cars. Pedestrians have the right of way. This woman was not given a ticket,” Wilber said.

“My family can’t do anything about finding any information. What is wrong with the police department in the City of Batavia? And why do kids not respect the police? Here is clear evidence. I don’t know. You tell me what is going on in the City of Batavia?”

Contacted by telephone later tonight, Gaylord corroborated Wilber’s account.

“The lady said ‘I didn’t even see you.’ Here I am, lying flat on the ground,” Gaylord said.

Gaylord said she asked the grandsons to call their dad to pick them up because she couldn’t walk as she was banged up.

“Even the lady who witnessed it was shook up, but before I could say anything, the driver said that I was all right and took off,” Gaylord said.  “She never looked our way, and out of the clear blue sky, she pulled out and started to turn right. She hit the front of the stroller. I pulled back and got it out of the way a little – in the crosswalk – and when I did, I fell and hit my head on the curb. The baby’s so tiny, just 18 pounds. I screamed because I was so scared for these kids.”

Gaylord said she contacted police, who had already learned about the incident from witnesses. She said she is disappointed that the driver wasn’t ticketed for making an illegal right turn on a red light or for striking pedestrians in a crosswalk.

“I don’t want to sue or anything, but I can’t believe she didn’t get a ticket,” Gaylord said. “When I asked for an accident report, the police said it is an accident only if there is $1,000 damage. What, people don’t count anymore?”

Chief Heubusch said he had no comment.

After the meeting, Christian called it “unfortunate what Mary Ellen said, that the police didn’t respond to her.”

“I did ask Rachael if she would have the police respond to her (Wilber) because she certainly does deserve that and so does her sister, and thank God nobody was killed.”

*Eddie Bauer is a retail sporting goods maker in business since 1920.

Erica O’Donnell said she learned at an early age the importance of community participation and hopes to have the opportunity to impart her views as a member of the Batavia City Council.

“I’ve been involved on the sidelines in local politics for a long time. I grew up in the Town of Alabama and my grandfather, Joe Cassidy, was on the town board for a number of years,” O’Donnell said. “I spent time with him when I was very young -- stuffing envelopes and helping out with fundraisers and things like that – and kind of caught the bug that way.”

That was about 20 years or so ago, said O’Donnell, now a Batavia resident who has been the chair of the City of Batavia Democratic Party for the past three years.

She has completed the petitioning process and will be on the ballot in November seeking one of three open Councilperson-At-Large spots. She will be facing three Republican incumbents: Jeremy Karas, Robert Bialkowski and City Council President Eugene Jankowski Jr.

The current makeup of City Council is 100-percent Republican, a fact not lost upon O’Donnell.

“I think it is time to get some diverse and fresh ideas, and I think I would bring that to Council,” she said, noting that she is all for supporting businesses and activities that will attract young families to buy homes and settle in Batavia.

She said she has been “very lucky” that her husband, Patrick, is able to commute to his job in Rochester because it is affordable to live in Batavia. The couple bought a home in the city’s Fifth Ward in 2012, and since then have had two children, Lila, 7, and Connor, soon to be 5.

“When we purchased the house, I said to a good friend, ‘You sent your kids to the school district here. You lived here your whole life. What do think about raising kids in the city?’ ” she recalled. “And she said the best advice I can give you is to get involved. Get to know your neighbors, go to meetings – get involved. That’s what I have been trying to do and encourage everyone to do.”

O’Donnell said she realizes that Genesee County and Batavia have an aging population, and would love to see millennials purchase some of the “beautiful historic houses being chopped up into apartments or just crumbling.”

“I think we could do more to attract young people,” she said.

Along those lines, she said she is happy the city received the $10 million Downtown Revitalization Initiative award from New York State – “that is a huge success and I give a lot of credit to City Council and former City Manager Jason Molino for that,” she offered – but had hoped more of the funds were directed elsewhere.

“I would like to have seen more of that money put towards retail and things to attract people downtown,” she said. “The YMCA and Healthy Living Campus are going to be wonderful -- and both of my kids have benefitted from preschool at the Y -- but that was a big chunk of money that went to nonprofit groups. There are other things that would have been my favorites for that money.”

O’Donnell said she is in favor of an expansion of the city-owned ice arena on Evans Street, possibly including an indoor recreation facility nearby.

“I think the city should make some type of investment there,” she said. “Not necessarily take it over but give some support to encourage (the use of the facility).”

She pointed to the outdoor soccer fields off Bank Street Road as a prime example of a successful venture for youth that brings revenue into the city.

“If you drive by there during a soccer tournament, there are vehicles everywhere. If we put some sort of indoor sports facility in the city – maybe near the ice rink -- the businesses would no doubt benefit hugely from those types of tournaments and events. People come from all over and it’s packed,” she said.

Her thoughts on some other issues in the city:

Construction of a new police station

“It was actually when I started getting involved several years ago when they formed the police task force. At the time, that was such a huge deal and it was covered so heavily in the media. I understand that their first choice is no longer an option (Swan Street), so that certainly was my first choice. Obviously, I think it would be beneficial to have more police presence on the Southside. Alva Place, which is where they’re looking at now, was their second choice. I think that is the best thing to do – listen to the citizens – and go where it was recommended.”

COVID-19’s impact on city finances

“I’m concerned more about the ability to spend compared to the (Council’s) willingness to spend. So much of what we’re going to be able to do is going to depend upon aid from the state and aid from the federal government. COVID really through a wrench in everybody’s plans going forward, and who knows for how long – probably generations. We’re going to have to come up with some pretty creative solutions to be able to spend.”

Government meetings via Zoom, YouTube

“We’ve learned a lot in the past year as a society and I think there are some things that we can take away and keep, including the transparency that allows us to have those meetings streamed live or even a couple hours after the fact. It’s difficult to make it to all those meetings, whether it’s the legislature or board meetings. Also, there is so much going on with my kids at school that it’s nice to be able to watch the school board meetings to keep up with everything.”

The city manager hiring process

“While I think Rachael Tabelski is doing a good job and was the obvious choice for city manager. I am glad that we went through the whole process of interviewing. I think that is the correct and transparent way of hiring someone for a position such as that. But I’m glad that she ended up with the job, and am sure she will do a great job going forward.”

O’Donnell said going door to door to get signatures for her petition was a valuable experience and she’s looking ahead to meeting more people in the coming months.

She conceded that the past two years have been a bit hectic with “nonstop elections” but thought “that the best way to get other people involved was to lead by example and jump in myself.”

In closing, she shared that Joe Cassidy is still the chair of the Town of Alabama Democratic Committee and is her biggest supporter.

“He’s definitely a proud grandfather,” she said.

The Genesee Country Farmers’ Market, pending approval from the Batavia City Council, is moving across Alva Place this year.

The event summary for this Monday night’s City Council Conference Meeting includes an application submitted by Sharon Brant, farmer’s market treasurer, to conduct business beginning June 4 and running through Oct. 29.

The proposed location is in the former JC Penney parking lot across the street, just south of where the market has operated for the past five years.

Brant said tents and tables will be set up “more towards the corner that goes up to the Bank of America drive-through from what I understand from the pictures (renderings).”

She said this year’s hours will be 9 a.m. to 4 p.m. on Tuesdays and Fridays, and 9 a.m. to 7 p.m. on Thursdays. The market offers fresh produce, baked goods, flowers and crafts, as well as beer and wine tastings, and a food vending truck.

Brant said she is working with potential vendors and plans to issue a press release once all of those applications have been received and approved.

Asked about a location beyond this year -- due to the city looking to build a new police station at the previous Alva/Bank site, Brant said she been communicating with City Manager Rachael Tabelski on a monthly basis.

“There’s nothing definite yet, but we are talking,” she said.

In other developments:

• The Batavia Concert Band has applied to the city for permission to offer seven performances at Centennial Park.

The first one is scheduled for 1 p.m. Saturday, June 19. The others will take place at 7 p.m. on consecutive Wednesdays, starting June 30.

• Tabelski will be asking Council to create a temporary position of superintendent of water & wastewater in light of current Superintendent Bill Davis’ wish to retire within the next eight to 12 months.

“The goal in creating the temporary position is to ensure that the knowledge, skills and abilities of the current superintendent … are transferred to a successor,” Tabelski wrote in a memo dated March 16.

She also indicated the job is a Civil Service competitive position, and requires someone with specialized training and experience in water plant operations, wastewater and water treatment distribution systems.

Per the memo, the temporary job’s $76,000 non-union salary to be split equally between the water and wastewater funds. When Davis does retire, the temporary appointment would move into the permanent position.

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Monday’s meeting in the Council Board Room on the second floor of the Batavia City Centre is scheduled for 7 p.m. It is open to the public with appropriate facemasks, social distancing and temperature screening upon arrival.

It will be streamed live on Facebook at https://www.facebook.com/bataviany/ and also can be viewed on Spectrum Channel 1301 at 9 a.m. March 24 and 8 p.m. March 26.

It seems as though the City of Batavia is playing somewhat “shorthanded” when it comes to the financial arrangements surrounding the operation of the Batavia Ice Arena on Evans Street.

On Monday night, City Council voted in favor of an extension and modification of its lease agreement with Firland Management, the firm that has managed the rink for more than a decade.

Negotiated changes call for the Virginia-based company to hold off on its lease payment of $25,000 to the city until Jan. 1, 2022, instead of the original due date of March 1 of this year, and also for the reduction of Firland’s contribution to the rink’s capital fund for 2020-21 from $32,958.30 to $5,000.

Additionally, the contract will be extended for two years through March 2023; Firland’s lease payments will be $20,000 annually for 2021-22 and 2022-23; and its capital fund contribution will be $5,000 annually for the next two fiscal years.

City Manager Rachael Tabelski said concessions were made because the rink was closed for several months last year, adversely affecting Firland’s bottom line. With the changes, the city has escaped (at least in the near future) the possibility of Firland walking away.

When the resolution came up for a vote toward the end of Council’s Business Meeting, Council Member Rose Mary Christian requested that it be amended to a one-year lease instead of two in order for the city to explore opportunities to find private ownership of the facility.

Her request, however, did not receive a “second” so the original resolution stayed on the table.

Council Member Robert Bialkowski said he understood what Christian was attempting to do, but pointed out that a one-year lease could come back to haunt the city.

“If we have a one-year lease and they have not paid the bulk of the money that was supposed to be paid the second year, we would really come up short on that,” he said. “I think this is the best we can do. We have to support it and that’s it.”

Council Member Paul Viele, a longtime youth hockey enthusiast, said he has observed that “Firland is doing a lot better job than they have in the past.”

“With people like Mr. (Robert) Gray (of the Friends of the Rink organization) helping out and volunteering – good things are coming,” Viele said.

Bialkowski said the only ice rinks making money are the ones backed by wealthy sponsors, and then brought up the naming rights to the rink (formerly known as the Falleti Ice Arena).

“I don’t think $500 should put your name up there for five years. That’s like giving that away,” he said.

Viele said the rink would make money “if you have more than one sheet, and that’s expensive to get another sheet.”

Earlier, during the public comments portion of the session, Gray encouraged Council to vote yes to the amended operating agreement.

The Stafford resident said that under the current lease, Firland had the option to extend the lease for another five years.

“Due to extenuating circumstances caused mainly by the COVID-19 pandemic and the fact that the rink was closed from March 17 to September of the last year, both parties agreed to the two-year lease,” he said. “A new section was also added for the first time that dealt with the sale of the facility -- in the event that the city sells the facility or transfers ownership of the facility.”

Gray said that the new lease isn’t perfect, but "it does give requested consideration to Firland for the late payment to someone who has operated the ice rink for the last 14 years. It will allow the rink to be operated for another two years instead of sitting vacant.”

“City Council recently approved the new lease for Dwyer Stadium that was agreeable to both parties. Why wouldn’t you do the same for the Batavia Ice Arena? I think the proposed lease serves both Firland’s interest and the interest of the City of Batavia. The Batavia Ice Arena is a productive community asset.”

He cited a 2018 Creek Park feasibility study that indicated the estimated annual use hours at 1,600, estimated annual attendance at 68,500 and estimated economic output at $2.3 million.

Gray then took a veiled jab at Christian, who previously said the rink (for hockey) was used only by the “elite.”

“These elite people are your neighbors, coworkers and friends, and are found in every ward in the city and almost every village in the county,” Gray said. "Many people also believe that GAHA youth hockey is the only user of the ice rink. This is not true. The Batavia Men’s Hockey League, both high schools, public open skate, figure-skating lessons and pickup hockey all pay to use the ice at the rink. GAHA currently pays $200 for a 50-minute session – that’s four dollars a minute.”

He then commended Council for hiring Tabelski as manager, saying he has met with her twice to implement a program for his organization that would allow volunteers to identify and complete rink improvements at no or low cost to the city.