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'I take offense to that.' City Council members reject charges that they don't listen to residents

By Mike Pettinella

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By Mike Pettinella

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

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

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

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

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

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

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

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

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

Canale: No Discussion about Cutting Services

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

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

Tabelski replied, “That is correct.”

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

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

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

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

He then aimed his remarks at Twichell and Fischer.

Advisory Board will be Involved

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

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

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

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

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

Youth Programming: More than Meets the Eye

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

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

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

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

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

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

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

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

Youth Board is ‘Open, Willing to Cooperate’

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

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

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

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

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

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

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

McGinnis Objects to Sending Letter

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

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

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

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

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

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

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

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

Could Youth Center Have Stayed Open?

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

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

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

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

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

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

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

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

Tabelski: Let’s Give it Another Try

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

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

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

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

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

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

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

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

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

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

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

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

City Council meeting disrupted while City fire checks unusual odors

By Howard B. Owens

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Two local reporters, including The Batavian's Mike Pettinella, detected unusual odors at City Hall this evening just as Monday's City Council meeting was about to start.

The reporters alerted the firefighters in the hallway who were there to check the temperatures of people entering the meeting and the firefighters agreed the odors were suspicous.

City fire was dispatched for the smell of natural gas.

Capt. Bob Fix said firefighters determined the odors were a combination burning leaves nearby and a cleaning solution being used in the adjacent dental office. There was no natural gas detected in City Centre by meters used to detect the gas.

Photos by Mike Pettinella.

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Since Friday, 43 new COVID-19 cases reported in Genesee County

By Press Release

Press release:

New Cases – As of 2 p.m.

  • Genesee County received 43 new positive cases of COVID-19.
    • Due to the volume of positives, further information will be updated tomorrow.
    • Staff are working on contact tracing.
    • The Genesee County Health Department was notified of two positive teachers at Jackson Primary School. The individuals have been placed under mandatory isolation where they will remain until they have recovered. Contact tracing is in process to identify close contacts. Out of an abundance of caution, Jackson Primary School will be 100-percent remote virtual learning until Monday, Nov. 30.
  • Orleans County received 18 new positives case of COVID-19.
    • The new positive cases reside in Albion, Yates, Shelby, Barre, Gaines, Clarendon, Murray, Kendall and Ridgeway.
    • The individuals are in their 0-19s, 20s, 40s, 50s, and 60s.
    • Three of the individuals were on mandatory quarantine prior to testing positive.
    • Six of the previous positive individuals has recovered and has been removed from the isolation list.
    • The Health Department has been notified of a positive student at Lyndonville High School and a positive student at Medina High School. The students were not on mandatory quarantine prior to testing positive. The individuals are on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual.
    • We are deeply saddened to report we have had an Orleans County community member pass away due to COVID-19. The individual was over 65 years old. Out of respect for the family, we will not release any further details about this individual. We send our deepest condolences to the family and friends of this person and encourage our community members to be respectful of the family’s time of grieving.

Today’s map will not be updated due to limited data.

Click here to view the Genesee and Orleans County online map of confirmed cases.

A reminder the numbers listed as positive/active are current community cases. The recovered numbers are only for community cases and do not include non-county regulated facilities. The total positive cases includes community active/positive, community recovered and all those from non-county regulated facilities.

45-year-old Batavia resident identified as victim in fatal accident on East Main Street

By Howard B. Owens

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A pedestrian who was struck while crossing East Main Street on Friday night has been identified by Batavia PD as 45-year-old Casey Nutting, of Batavia.

Nutting, according to witnesses, was running across the street, about 50 yards east of Liberty Street, from south to north when he was struck by a minivan.

The driver of the minivan, whose identity has not been released, has not been charged and police said no charges are anticipated.

Previously: Car vs. pedestrian accident reported in the city at East Main and Summit

'That's a start' says farmers' market treasurer in response to phone call from City Council president

By Mike Pettinella

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The treasurer of the Genesee Country Farmers’ Market, which recently concluded its 46th season providing locally grown produce and other food items, today said that Batavia City Council President Eugene Jankowski Jr. has reached out to her to set up a meeting in the near future.

“That’s a start,” said Sharon Brent, speaking by telephone from her Middleport home. “Mr. Jankowski said that (Interim City Manager) Rachael (Tabelski) would be contacting me.”

Brent is owner of Schwab Farm Market in Gasport and has been involved with the farmers’ market since its inception.

The future location of the public market is unclear in light of the fact that the city is looking at the Alva Place parking lot as the desired site for a new headquarters for the Batavia Police Department.

The farmers’ market has operated at that location since 2016, when it entered into an agreement with the Batavia Downtown Business Improvement District to have one large market at one location – instead of two or more sites in and around the city.

Prior to that, the market was located at the Kmart parking lot for about a decade before moving to a lot at Batavia Downs from 2006 through 2015.

Previous reports that the market moved 11 times in 15 years referred to its early years, not recently, Brent said.

“We originally started in front of Super Duper, where the (Tonawanda Valley Federal) credit union is now and we used to be right where Wendy’s is, in the Angotti’s (Beverage Corp.) parking lot and way behind the (former) Engine House Restaurant – near a skating place on some gravel,” Brent said. “That was the reason we left the city and went out to Kmart and the Downs, because we wanted a stable location.”

Brent said the only reason the market returned to the city is because the BID requested a consolidation – with the stipulation that there would be just one market at one location.

“The BID used to run the farmers’ market that was on Thursday at Angotti’s and then they moved to Alva Place, and it was run by volunteers,” Brent recalled. “(Former BID Director) Don Burkel approached us and proposed Downtown Batavia Public Market in one location. He said we can’t be at the Downs and at Alva Place.”

So, the area vendors hit the road to Batavia on three days (Tuesdays, Thursdays and Fridays) instead of the two they spent at Batavia Downs, Brent said.

She said that after a couple years, BID officials asked the GCFM to “run all aspects of the farmers’ market as it was getting difficult to find volunteers.”

“Of all the locations over the 40 some years, that (Alva Place) still has been the best place as far as ability for people to get to,” she said. “It has anything that you as a business owner would like in a location and it fit all of those things.”

Brent said that five years ago, there never was a discussion about a police station going there.

“That was never brought up,” she said.

Things have changed since then, however, as the city has enlisted Architecture Unlimited LLC, of Williamsville, to conduct a feasibility study into the construction of a new police facility on the lot north of Alva Place and west of Bank Street.

Brent said the GCFM board of directors is “definitely open to other options” and welcomes the opportunity to provide input to city officials.

“It is what it is. I’ve done well. I run a good business and have done well no matter where I’ve been,” she said. “But, as far as the residents of the city, to me they should have a voice in what they would want.”

Business Improvement District representatives said their organization continues to support the farmers’ market and they understand why Brent and her colleagues wish to stay at the Alva Place lot.

“We see the value in it and we support the public market,” BID President Don Brown said. “To us, it is an event Downtown that brings people Downtown, but it’s not a BID event. They’re their own entity.”

Brown called the Alva Place site “a fabulous location and they’d be crazy not to want that.”

“My perception of the situation is that this has been a long-term plan for the police station – it has been going on for several years here," he said. "They’ve had all kinds of studies and votes, and all kinds of ideas of where to put it and why to put it.

"The public market was never going to be there permanently from what I recall, unless they were going to build a building …if they got the DRI (Downtown Revitalization Initiative) money and the BID wanted to bond something like that.”

Brown said the BID spent $25,000 on a feasibility study in an unsuccessful application for a DRI award.

“We didn’t get it; so, the BID definitely decided that they didn’t want to bond it," he said. "It was too much and they couldn’t tell us how much traffic the market was going to bring or whether the market was going to quadruple. So, why create another tax for something that we’re unsure of. That was the long side of that.”

BID Executive Director Beth Kemp, who sits on the GCFM board, noted that her agency is not as involved as it was in the past, but “we definitely support them as with any event that happens in the downtown.”

“We understand the vitality that a public market brings to the Downtown, and we’re here to assist in any way,” she said. “We don’t want to see the public market go away from Downtown, and we’re eager to come up with other options if that’s the way it has to go. I know that our board has tried to generate a couple of alternative ideas, but so far nothing substantial.”

Kemp said the consensus of GCFM directors is that they wish they could stay put.

“Yes, ideally they love that location, they love the demographics that they serve which has increased since they’ve been there and the walkability,” she said. “Out of all their locations, that is the most ideal; that is the one they love the most.”

File photo of Genesee Country Farmers' Market by Howard Owens.

Law and Order: Batavia man accused of stealing from Kohl's then fleeing with child on a pair of bicycles

By Billie Owens

Jason Ray Anderson, 39, of Batavia (no address provided), is charged with petit larceny, possession of burglar tools, and endangering the welfare of a child. Anderson was arrested on Nov. 7 after allegedly stealing items from Kohl's department store on Veterans Memorial Drive. He is accused of fleeing the scene on a bicycle while having a 6-year-old child flee with him on a separate bicycle. He was issued a ticket to be in Batavia Town Court on Dec. 3. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Jacob Gauthier.

Shawn Philip Wolcott, 38, of South Main Street Road, Batavia, is charged with second-degree menacing and criminal possession of a weapon in the fourth degree. On Nov. 7 at 1:19 p.m. on South Main Street Road, Wolcott was arrested after allegedly possessing a curved knife blade and menacing a victim, causing fear of physical injury. He was held in Genesee County jail until his arraignment at 7 p.m. The case was handled by Batavia Police Officer Jacob Gauthier.

Salvatore Paul Scarlata, 36, of Ladue Road, Sweden, is charged with disobeying a court mandate. He was arrested Nov. 5 on an arrest warrant for second-degree criminal contempt. It is alleged that at 11:55 a.m. on Oct. 10 on Main Road in Stafford that Scarlata violated an order of protection. The defendant is accused of fleeing the scene before responding patrols arrived, and an arrest warrant was issued. He was arraigned then given a return date of Nov. 12 for Stafford Town Court. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Tyler John Griffin, 20, of Amherst, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI -- first offense; moving from lane unsafely; and speed not reasonable and prudent. Griffin was arrested following a rollover acccident on East Road in the Town of Bethany at 12:06 a.m. on Nov. 7. Griffin was issued an appearance ticket and is due in Town of Bethany Court on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy David Moore.

Lawrence Donnell Williams Sr., 60, of Ross Street, Batavia, is charged with criminal possession of a forged instrument in the second degree, a Class D felony. On Oct. 6, the Genesee County Sheriff's Office received a report of a counterfeit $100 bill at a store on Veterans Memorial Drive. Following an investigation, it is alleged that Williams knowingly presented the money as if it were real U.S. currency to pay for a transaction at the store at 12:12 p.m. on Oct. 4. He was arrested, arraigned virtually in Genesee County Court, then released on his own recognizance. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Sheriff's Investigator Kevin Forsyth.

Katherine Jeanne Briggs, 41, of South Main Street, Batavia is charged with criminal possession of stolen property in the fifth degree and possession of switched license plates. At 12:49 p.m. on Nov. 6, a Genesee County Sheriff's patrol car equipped with a license plate reader received an alert of a stolen license plate. The status of the suspected stolen plate was allegedly confirmed through a registration check and the motor vehicle was stopped on Route 33 in the Town of Stafford. Briggs was identified as the operator of the vehicle. She was transported to Genesee County jail for processing and photographs and released with a ticket to appear in Stafford Town Court on Dec. 2. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Robert Henning.

Benjamin Gobe Evans IV, 32, of Federal Drive, Batavia, is charged with third-degree criminal trespass. At 4:35 p.m. on Nov. 6 on Federal Drive, Evans was arrested after allegedly going to a gas station where he is no longer allowed. He was released with a ticket to be in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Nicholas Chamoun.

Joey Aaron Evans, 30, of State Street, Batavia, is charged with third-degree criminal trespass. At 4:35 p.m. on Nov. 6 on Park Road, Batavia, Evans was arrested after allegedly going to the Citgo gas station where he is no longer allowed. He was released with a ticket to be in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Kyle Krzemien.

City of Batavia announces enhanced COVID-19 protocols for facilities and public meetings

By Press Release

Press release:

Effective today, Monday Nov. 9, all City facilities and meeting rooms will be closed to the public in light of increased in COVID-19 positive cases in Genesee County.  

Facilities that will remain open for public business include the following:

  • City Clerk’s Office
  • DPW Administration/ Inspection Bureau 
  • Yard Waste Station

At this time, City Council meetings, Planning & Development Committee meetings and Zoning Board of Appeals meetings will remain as in-person meetings held in the Council Chamber with minimal City staff attending. The meeting will remain open to the media and public.

Anyone attending the meeting will be subject to enhanced screening protocol.

  • The City Fire Department will screen all persons entering the facility.  
  • Screening will be conducted on the second floor of City Hall in the Community Room.
  • Anyone who does not pass the temperature and symptom screening, or refuses to screen will not be allowed to enter the Council Chamber. 
  • All members of the public, and the media, need to remain masked at all times. 
  • Enhanced cleaning will continue to take place. 

Thank you for your continued support and cooperation as we all work together to keep Batavia safe.

Grant applications being accepted for 2021 Ralph C. Wilson Jr. Legacy Funds

By Press Release

Press release:

The Community Foundation for Greater Buffalo is now accepting applications for the 2021 Ralph C. Wilson Jr. Legacy Funds competitive grant process.

The Ralph C. Wilson Jr. Foundation established endowment funds at the Community Foundation for Greater Buffalo to provide annual support for programs and initiatives that reflect the personal passions of Wilson. Grants will support the following areas of interest:

Caregivers

Support caregivers –whether paid, voluntary or family – of persons who are unable to fully care for themselves and are part of an underserved community. Preference will be given to organizations or projects that provide support to caregivers of older adults. 

Requests must address at least one of the following objectives:

  • Increase opportunities for caregivers to take advantage of resources.
  • Support operating expense of the applicant organization. 

Community Assets

Support significant cultural and historic assets and/or increase access to long-term arts instruction for youth. 

Requests must address one of the following objectives: 

  • Increase access to long term arts instruction for children and youth living in under-resourced communities. 
  • Restore and leverage significant historic buildings and architectural landmarks, with a preference for sites that promote cultural tourism.
  • Support operating expenses of the applicant organization. 

Design and Access

Support enhancement of community access to spaces and programs that support healthy living. Requests must address one of the following objectives: 

  • Support for preplanning, development and/or construction. This may include projects related to increasing the walkability and bikeability of local communities, and improving waterways, greenways and recreation corridors. 
  • Support operating expenses of the applicant organization. 

It is a preference but not a requirement that these projects: 

  • Incorporate green design to be environmentally sustainable.
  • Incorporate universal access design to serve people of all abilities.
  • Please note: Large sports facilities are not of interest.

Youth Sports

  • Provide opportunities for all children to be active through sport. Requests to build collaborations among organizations are encouraged. Requests for projects should include the following objectives from the State of Play WNY Report:

  1. Ask kids what they want.

  2. Reintroduce free play.

  3. Encourage sport sampling.

  4. Revitalize in-town leagues.

  5. Think small.

  6. Design for development.

  7. Train all coaches.

  8. Emphasize prevention. 

Grant requests should range between $10,000 and $25,000 for Caregivers, Community Assets and Youth Sports. Design and Access requests should range between $10,000 and $50,000.

Funds will be released after grant requirements and obligations have been signed and returned. 

For Caregivers, Design and Access, and Youth Sports, 501(c)(3) nonprofit organizations that meet the guidelines described above and reside in Western New York may apply for a grant. Western New York is defined as Allegany, Chautauqua, Cattaraugus, Erie, Genesee, Niagara, Orleans and Wyoming counties. For Caregivers, Design and Access and Youth Sports, government agencies also may apply. For Community Assets, only 501(c)(3) nonprofit organizations that reside in Erie County may apply.

Applications are due Dec. 4, at 4 p.m. Decisions will be made in May.

A virtual information session for all areas of interest will be held from 12 to 1 p.m. on Tuesday, Nov. 17. Additionally, there will be an evening virtual session for Youth Sports first-time applicants from 7 to 8 p.m. on Monday, Nov. 9.

To register for information sessions, learn more about deadlines and eligibility, and to apply, please click here.

USDA offering paid federal internship next summer for students, deadline to apply is Nov. 16

By Press Release

Press release:

Get the first leg up on your career ladder with a summer 2021 internship at the U.S. Department of Agriculture (USDA). As part of the federal Pathways Program, USDA offers paid federal internships at USDA agencies and offices around the country.

USDA is hiring interns from high school to graduate level for a broad range of occupational fields, from veterinary science, to engineering, to natural resources management, and finance.

This developmental program gives students experience to enhance their educational goals and shape their career choices. USDA internships involve on-the-job experience, mentorship, and training tailored to the student’s education, experience and interests.

The program is available to students who are currently enrolled in qualifying educational programs or institutions from high school to graduate level.

In 2020, USDA hosted thousands of in-person and virtual internships around the country, many of which were through the federal Pathways Program.

Next summer, USDA will hire Pathways interns in hundreds of locations in nearly every state in the country for the following occupational fields:

It’s easy to apply for a OneUSDA Pathways internship. Visit www.usda.gov/internships, choose your area of interest and the link will send you to a USAJobs posting where you can apply and choose your preferred location.

The deadline for summer 2021 internship applications is Monday, Nov. 16. Application review will begin immediately. For more information on the program and eligibility, visit www.usda.gov/internships or email internship@usda.gov.

Educators, youth-serving organizations, and students can find more USDA resources to foster the next generation of agricultural professionals at www.usda.gov/youth.

Caller claims neighbor purposely locked pet cats out of house, stranding them on roof

By Billie Owens

A caller to dispatch says a neighbor at an apartment on Chestnut Street in the city intentionally locked cats out of the house, leaving them stranded on the roof. A police officer is responding.

UPDATE 1:39 p.m.: The Chestnut Street resident was home when a police officer and an animal control officer arrived. The resident, who has two cats, says one of them likes to go out on the roof over a room on the first floor. That's why the screenless window is left open on sunny, pleasant days such as this so the feline can survey all and bask in sunlight. The cat can mosey back inside at any point. One of the officers asked the resident if they could bring the cat inside since someone has concerns about it and the resident acquiesced.

Surge in COVID-19 cases prompts county legislature to go back to Zoom meetings

By Mike Pettinella

The Genesee County Legislature has decided to conduct business remotely in response to a recent surge in the number of positive COVID-19 cases.

Legislative Clerk Pam LaGrou this morning issued a media advisory stating that “due to a resurgence of positive COVID-19 cases and caution for all citizens, the Genesee County Legislature will meet remotely until further notice.”

The next meeting of the legislature is scheduled for 5:30 p.m. Thursday, but instead of meeting at the Old County Courthouse, participants will be admitted via Zoom videoconferencing.

“This decision is being made given the increased number of COVID-19 cases in not only Genesee County, but the region and state as a whole,” County Manager Matt Landers said. “This is a proactive measure taken by the legislature to try and do everything possible to limit the spread further.”

Public Health Director Paul Pettit said the supports the board’s decision.

“We have seen a significant increase in cases and activity over the past couple weeks, with many of these cases and exposures being driven by nonessential gatherings without masking and social distancing by those present,” Pettit said. “The other driver is folks working while symptomatic.”

Pettit advised that this time of the year presents a higher level of challenges because colds and other seasonal ailments have similar symptoms to COVID-19.

“With the numbers increasing, changes like moving meetings to remote/distance platforms are practical ways to continue the work while helping to reduce risk,” he said.

Pettit offered the following “reminder/education” points to consider:

  • More people are having gatherings, but even at keeping them under the 50 people limit it still only takes one person to spread this virus. We are encouraging people to rethink their socialization to limit any nonessential gatherings of non-household members no matter what the size. Also, many of the gatherings are moving indoors which increases the potential for spreading the virus and can limit physical distancing.
  • Limit time at any functions/gatherings. The longer people are in confined places or near non-household members the higher the chance of spreading the virus. It seems more people are attending gatherings and going to work while being symptomatic. The numbers are showing that people are gathering and some who are symptomatic are attending events, gatherings and work. People should be checking their baseline health...you know what is normal for you. If something feels a little off and different from what your norm is STAY HOME!
  • Be diligent about keeping your distance from those who are non-household members of at least 6 feet ... more if you are engaging in physical activity, speaking loudly, singing, etc. 
  • Wear your mask/face covering! The masks are to be used in conjunction with physical distancing.
  • Wash/sanitize your hands and frequently shared items to decrease the transfer of germs. Washing hands for at least 20 seconds with soap and warm water or using at least a 60-percent alcohol hand sanitizer when soap and water are not available helps.
  • The Finger Lakes region is showing an increase in hospitalizations and admissions to ICU because people are not following the guidelines. Many people are saying they are "tired" of not being able to do what they want to and are being careless around other people who may have underlying health issues. For those who are diligent about following the guidelines, we appreciate their compassion and caring for those they don't even know.

Doctors at RRH cautiously optimistic about news of positive progress with Pfizer COVID vaccine

By Howard B. Owens

News that a SARS-CoV-2 vaccine developed by Pfizer is 90-percent effective represents "light at the end of the tunnel," according to two doctors involved in vaccine trials at Rochester Regional Health. But there are many difficulties ahead before this or any other vaccine can be widely distributed they cautioned.

Participating in a virtual press conference this morning with reporters from throughout the region were Dr. Ed Walsh and Dr. Ann Falsey. Walsh is the leader of the study at RGH and head of Infectious Diseases at RRH and Falsey is an infectious disease specialist at RRH and URMC codirector of Vaccines Trial Unit.

UMMC in Batavia is part of the RRH network of hospitals and care providers.

Pfizer announced early-stage trial results this morning. The company has not been part of the Warp Speed initiative by the Federal government to develop and distribute a vaccine for COVID-19, nor has it received government grants for the development of a vaccine, according to a spokesperson for Pfizer.

"We need to be cautious but I think it's actually a reason for optimism that the vaccines will work," Dr. Falsey said. "And I guess what I would say to the public is, you know, maybe this is the light at the end of the tunnel, and it's even more reason to wear your masks and do social distancing because I worry that fatigue sets in -- pandemic fatigue. 'It's hopeless. We're never going to get out of this.' And people develop a sort of fatalistic attitude. But I think vaccines are on the horizon. It's going to take a little while yet. But I think this is very encouraging news. I was very happy to hear it."

A story by the medical news website Stat News suggests the early results provided by Pfizer are robust, but also notes there has been no peer-review and Pfizer hasn't released a paper, known as a pre-print, with more scientific analysis. 

There is a lot we don't know about the vaccine, Walsh and Falsey acknowledged, including how long it will confer immunity to the disease since today's news is based on only two months of data.

Pfizer's trial is based study of people who received the vaccine in which 94 people contracted the disease. Pfizer did not reveal how many of those 94 people received the vaccine or a placebo (neither the participants nor the doctors administering it would have any way of knowing which injection they received in a double-blind study). 

"The expectation (of the public) should be that this is an interim report, and I think we all saw this on the news as well,the current guideline for safety analysis requires a longer period of time following the receipt of the second dose of the vaccine in order to feel comfortable with safety," Walsh said. "This is just two months of safety data, which is a good thing, but a final report, obviously, and assessment will be made both on safety and efficacy as they go along."

So far, only minor side effects, such as aches and a fever, have been reported from the vaccine. 

Typically it takes 12 to 18 months to bring a vaccine to market but given the high fatality rate of COVID-19 and the ability of SARS-CoV-2 to spread rapidly in some circumstances, along with the dire economic consequences of the pandemic, scientists and government officials are moving quickly to find an effective and safe vaccine.

Walsh suggested that by the time the vaccine is ready for distribution -- if it ever is -- and at the earliest date distribution might start, meaning perhaps January, we will have greater confidence in its safety, especially balanced against the risk of the novel coronavirus.

"You're really weighing a risk-benefit issue," Walsh said. "We're looking at a pandemic that is potentially going to result in, if left unchecked, hundreds of thousands of more deaths in the U.S. and certainly millions worldwide. And so you try to make your best judgment as to what kind of side effects might you be missing in an early decision to deploy a vaccine. If it's been four months or five months, that's an encompassing period of time when you're generally going to see almost all of the side effects that might come from a vaccine and this type or of any type."

We're now in a period of increasing infection rates, hospitalizations, and deaths but the Pfizer results seem to have come from a period when there was a low prevalence of the disease and it's still possible SARS-CoV-2 doesn't spread as easily in warmer weather. Asked if that might skew the results of Pfizer's study Walsh said he hadn't yet thought of that question and would need some time to think about it.

If the vaccine is approved for the wider public, distribution will be a challenge.

The Pfizer vaccine must be administered in two doses three weeks apart. 

It also must be stored at -112 Fahrenheit. That makes production distribution a challenge, but it also means that the vaccine can only be stored and administered from locations that a freezer capable of maintaining such a frigid temperature. That means neither your local doctor nor the pharmacy is going to be able to provide the vaccine.

A spokeswoman for RRH said it's way too early to know if UMMC is a potential distribution location. If it isn't, people in Genesee County seeking the vaccine will likely need to visit a hospital in Rochester or Buffalo.

It will take time to ramp up production of the vaccine -- though Pfizer has reportedly already started production -- and distribution will take time, so the people eligible to receive the vaccine will be prioritized in tiers with front-line healthcare workers at the front of the line followed by elderly, vulnerable people.

There's no guarantee the Pfizer vaccine will make the grade in its next phase trials but there are at least 11 other promising vaccines in development. Walsh said that's a good thing whether Pfizers proves ultimately effective or not because if there are more successful vaccines that will help supply and distribution.

The 90-percent efficacy rate for the Pfizer vaccine, if it holds up, is exceptional, Walsh said. Not all vaccines are as effective. He noted the measle vaccine is the most effective viral vaccine with an effective rate of 96 percent.

While there is much to learn yet about SARS-Cov-2 and how to vaccinate against it, both Walsh and Falsey struck upbeat notes about vaccines in general and the ability to find a vaccine to fight COVID-19.

The history of vaccines has been generally, and not universally but generally, extraordinarily successful," Walsh said. "The benefit of the vaccines that have been released over the years, over the many, many years of vaccines and going back to the 1950s, is the benefit has far outweighed any risks. I think there is that history to rely on though it is no guarantee, of course. But I think this is important, too, to recognize it and education will be important (to acceptance of the vaccine)."

Falsey added, "A lot of the vaccine hesitancy in recent years has been because vaccines have been so successful that they have nearly eradicated the terrible diseases. And so people don't understand the true impact of some of these infections and they start fixating on potential threats from a vaccine. I think with this pandemic, we can look around and see friends and family members who have been devastated.

"And so everything is risk-benefit. In addition to educating people about misinformation and the true side effects of vaccines, we can also ask them to think about risk-benefit ratios and that with 100,000 cases a day and a thousand deaths each day in the U.S., there's a significant risk to not getting vaccinated. So choosing to not accept the vaccine or not do anything is a decision, and that also carries significant risk."

Gas prices remain low across nation, region

By Press Release

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.11, down 2 cents from one week ago. One year ago, the price was $2.62. The New York State average is $2.22 – down 1 cent from last week. A year ago, the NYS average was $2.70.

AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.18 (down 1 cent since last week)
  • Buffalo -- $2.18 (down 2 cents since last week)
  • Ithaca -- $2.18 (no change cent since last week)
  • Rochester -- $2.22 (no change since last week)
  • Rome -- $2.30 (no change since last week)
  • Syracuse -- $2.14 (down 1 cent since last week)
  • Watertown -- $2.28. (down 1 cent since last week)

The Energy Information Administration (EIA) reports that gas demand decreased again while total domestic stocks increased – pushing pump prices down. With demand remaining low, American drivers should expect pump prices to continue to decline.

Domestic crude prices fell last week due to market concern about increasing coronavirus infections worldwide, which could lower crude demand as countries impose new restrictions that will likely limit oil consumption. The drop in crude prices occurred despite EIA’s report showing that total domestic crude inventories dropped. Crude prices are up slightly this morning, so AAA will continue to monitor that activity.

From GasBuddy:

"As expected, previous weakness in oil has continued to translate into falling gasoline prices nearly nationwide as motorists cast their ballots last week, but the six-week trend could reverse on optimism that President-elect Biden may move quickly to get organized and Sen. Majority Leader McConnell has said stimulus is high on his agenda, aiding the economy and oil demand," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"As of late Sunday, a barrel of West Texas Intermediate crude oil was up over 8 percent compared to just last Monday, a solid rally that may eventually halt the decline in gasoline prices, should the optimism continue even against a backdrop of a continued global rise in coronavirus cases.

"It remains challenging to predict how the Presidential transition may occur, and if it drags the economy down, I could see pessimism and lower prices return, but for now, it appears that a solid dose of optimism may soon drive prices up."

Structure fire reported on Walnut Street in the city

By Billie Owens
Video Sponsor
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A fire with flames showing is reported at 3 Walnut St., between South Main Street and Walnut Place in the City of Batavia.

"Looks like a pretty good header in the air," says a first responder.

Flames showing from the second story of the two-story wooden residence.

It's gone to a second alarm.

City fire is responding along with mutual aid from Darien, Town of Batavia and Alexander fire, plus Mercy Medics.

"Engine #11 has water on the fire," a firefighter reports.

UPDATE 6:58 p.m.: "Fire knocked down," says command.

UPDATE 8:59 p.m.: City Engine #12 is responding.

UPDATE 9:01 p.m.: City Engine #12 is on scene.

UPDATE 9:07 p.m.: Alexander #101 on scene. City #17 en route to 3 Walnut. "Fire is out," reports command. "Overhauling."

UPDATE 9:10 pm.: City #17 is on scene. Darien is told to continune in non-emergency mode.

UPDATE 10:11 p.m. (By Howard): The cause of the fire is still under investigation said Chief Stephen Napolitano. There were no injuries. All residents evacuated before firefighters were on scene. The upstairs apartment, where the fire started, was occupied by two adults and an infant. The downstairs apartment was occupied by one adult and a 12-year-old and a 15-year-old. One family can stay with friends or family; the other family will be assisted by the Red Cross. There is heavy smoke damage and the utilities to the building have been turned off. Video will be posted later.

UPDATE 10:34 p.m.: A police patrol has been asked to search the area of the Walnut Street footbridge for a beagle with a leash attached. The dog was last seen running from the fire in that direction.

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Photo by Andrea Stasko.

Rubbish fire endangering barn in Stafford

By Billie Owens

A rubbish fire near a barn is reported at 9997 Fargo Road in Stafford. Stafford command reports the fire needs to be extinguished ASAP or the barn could catch fire.

Stafford firefighters are on scene along with mutual aid from Bethany, Darien and Corfu. A passing train slightly delayed some responders. 

UPDATE 5:09 p.m.: Fire is out. Stafford assignment is back in service.

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

By Mike Pettinella

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

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

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

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

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

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

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

Jankowski: City Saves Money as Property Owner

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

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

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

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

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

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

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

Carr Takes Exception to Facebook Post

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

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

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

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

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

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

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

Worth: Feasibility Study is Determining Factor

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

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

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

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

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

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

She then asked how city leaders set their priorities.

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

Would Relocation Affect Business?

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

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

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

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

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

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

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

Current Police Station is Lacking

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

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

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

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

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

He suggested moving it behind the YMCA.

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

Who are the Bullies in This Situation?

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

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

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

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

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

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

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

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

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

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

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

Just Kings having positive impact on Batavia through volunteer efforts

By Lauren Leone

Batavia, New York, residents young and old donned Halloween costumes of all colors, shapes, and sizes at the Trunk or Treat event hosted by Just Kings Social Club, a newly formed racial justice group that advocates for community members of color. Outreach events like Trunk or Treat are part of the organization’s initiative to mobilize for criminal justice reform, a political issue at the forefront of the 2020 election.

Though the group is not affiliated with Black Lives Matter, Just Kings has shown its solidarity with nationwide police reform movements following the police killing of George Floyd in Minneapolis. Just Kings has organized outreach events like the June 7 “March for Justice” protest in downtown Batavia and Juneteenth “Teach Thy Neighbor” celebration at the YWCA of Genesee County.

Over 400 demonstrators attended the March for Justice, and the organization has received an outpouring of community support on its Facebook page. In addition to large gatherings, Just Kings works with those in need of financial assistance and emotional support on an individual basis. 

“From giving free haircuts and back-to-school bags to selling chicken barbecues to put on things like [Trunk or Treat], the community’s responded, and it’s been awesome,” said Just Kings member Otis Thomas. “They’re enjoying the movement, and we’re going to keep pushing forward and hoping for bigger and better things.”

Eventgoers spoke highly of the grassroots organizing work that Just Kings is doing to bring all Batavia and Genesee County, New York, residents into a cohesive discussion about racial justice.

“Every single member of Just Kings really has their heart put into this,” supporter MaKayla Armstrong said. “They’re really trying to make Batavia a better place, a safe place.”

Vocalizing Underrepresented Concerns About Police Reform

Three Just Kings members are on the City of Batavia Police Collaboration Advisory Stakeholder Group, a board of local leaders and residents tasked with reimagining the city’s policing practices. One of the original objectives of Just Kings was to join the board. Group members said it is meaningful to be engaged in dialogue with the Batavia Police Department.

“To be invited, to have a few of our members on that board, was a huge accomplishment for us, not for the clout but for the actual voice that we can have in the community,” Just Kings member Haven Armstrong said.

As one of the first community groups for people of color in Genesee County, which is a predominantly white, conservative region, Just Kings has been spearheading efforts to gain representation for Black and brown residents and confront the racial disparities that exist in local policing policies.

“We felt for years being from here and living here so long that our voice was kind of suppressed,” he said. “Having the members that we know that are out doing the right things or trying to make an actual reform happen … was huge for us and the community.”

Gaining Representation and Reform Through the Vote

Criminal justice reform has also been taking place at the polls. Encouraging voting among its supporters is a component of Just Kings’ work to educate youth and raise awareness of racial inequalities at the local level.

“When it all comes down to it, this is a good place to be,” Just Kings member Oraid Edwards said. “We want to prove that but, at the same time, make changes so that way equality spreads throughout.”

To facilitate those changes, Just Kings has shared voting resources with its supporters so they are informed about how to cast their ballots this election season.

“We believe the local government — your governor and your local things in your city — is what’s really going to matter for us right now,” Thomas said. “… Get out and vote. Push the [police reform] issue. If you’re 18 or over and you have that voice, use it.”

Lauren Leone is a journalism student at Ithaca College, a graduate of Batavia High School, and a former intern for The Batavian. This article originally appeared in Ithaca Week.

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