city council

When you hear the term block party, what comes to mind?

For City Councilman-at-large Bob Bialkowski, he thinks of idyllic picnics on Kingsbury Avenue for a barbecue, children's games and everyone going home by sundown, whereas Jerry Smith Jr. envisions food and craft vendors, a heavy musical lineup, T-shirts to commemorate the event and fun that goes well into the evening.

While block parties can stray in structure and size, they typically have one thing in common: they are meant to bring folks together to get to know one another and — ideally — strengthen the neighborhood.

While Smith believed that happened for his southside block party last year, others in his neighborhood had different feelings, as expressed to various council members. Before the summer party season begins this year, members of council wanted to revisit a few elements of that party that seemingly went off the rails, Bialkowski said.

“The whole thing was a disaster last year,” the councilman-at-large said, adding that nearby residents complained about various issues. “People sat on (one resident’s) front porch and on her lawn furniture, and wouldn’t move. She was afraid to tell him to get off her driveway, and she couldn’t leave. And other people had the same problem. The neighborhood hadn’t been notified about the block party, people couldn’t get into their driveways.”

Bialkowski asked to put the issue on Monday’s conference agenda for the group to discuss. There were other complaints, apparently, about loud and late-night music, street access being blocked off by barricades, a barbecue and smoker grill blowing volumes of smoke into adjacent homes and concerns that streets were full of vendors with little room for emergency vehicles to access if necessary.

Council President Eugene Jankowski Jr. said he doesn’t think anyone purposely did anything wrong; it’s just a matter of following through on some ground rules. Yes, sometimes a neighborhood party may inconvenience folks a bit, but it shouldn't prevent them from getting into or out of their own homes or otherwise enjoying their environments, he said. 

“It's not a problem. I mean, as long as they follow the rules, there's no problem,” Jankowski said. “No one called the police, no one called the authorities, no one knew who was running the party, the people that complained really weren't sure what was going on. So they didn't know who to contact. So later on, they contacted council members and said that they were upset because the block party had caused them some inconvenience. Some of those inconveniences were being unable to get in their driveway, strangers walking on their front lawn and such. And they didn't know what was going on. And they were concerned.”

Smith told The Batavian that he was unaware of any complaints, as none had been addressed to him directly. He had not attended the council meeting when his application was reviewed last year either.  He is planning to have another block party this year, and he said that he will notify the street of the event. 

He was bothered that there might be something else going on related to the complaints, primarily that he and many party attendees are black.

Jankowski said that their racial makeup has no effect on him, and he lives on the southside and has no issues with anyone. He then took pause to reflect on that issue for a minute.

“Let's just talk about the elephant in the room here. It's not uncommon that any time somebody has an issue, it's a race-related issue, right? Everybody's got this on their mind. And they're in, so everybody's trying to say, Well, it's because we've had a block party and because we're black. Yeah. Nice try, but no, it’s because people couldn't get to their driveways,” Jankowski said. “And, you know, I live on this side of town. And it's a diverse side of town. Italian, Polish, black, Hispanic, everybody's fine. I don't see any problem. It's a peaceful place to live, it’s the best-kept secret of Batavia.

“So, you know, like I said, some disconnect took place within the parameters and, and if everything is done safely and through the health department, if you're going to be charging people for food … parties sometimes, it causes inconveniences, but maybe we should put a mechanism for someone to be aware of one of those, if you're gonna have a block party, you need to make sure everybody in the neighborhood knows what's going on,” he said. “And that they can get in and out of their driveway at all times. And that emergency traffic can go through at all times, you’re not blocking it off.”

City Manager Rachael Tabelski summarized the main points to be highlighted to applicants:

• Local traffic must be able to get through, you certainly can't block the driveway.
• You can't block emergency access.
• You're not to go on other's property who don't offer it as part of the celebration, things of that nature.
• You have to make outreach to the neighbors, whether it's knocking on doors, flyers -- something personal -- so that everyone understands what is going on and how it will affect their neighborhood.

“The last question I had was a topic that came up, do you have to be a neighborhood resident to throw the party? Council member Richmond brought it up, I just want clarity on how the rest of the council feels,” Tabelski said, getting her answer. “Okay, so in this case … the majority of times when these parties are thrown, it is a resident of that neighborhood who tries to open their yard or their home in the street.”

After council’s discussion on Monday, they agreed that city staff would be more communicative with applicants so that both sides would be better informed about events. Bialkowski was satisfied with the end result, he said.

“What I had hoped to accomplish, I think, is accomplished. The staff’s going to review these things from here on in. Police should need to send somebody down when they have one to make sure everything's copacetic,” Bialkowski said.

He also had a suggestion for Smith, who is planning to submit an event application for an ambitious-sounding block party this year: maybe he’d want to consider having it at a park instead.

 

We’re here to promote business, not to destroy it.

Those words, spoken by City Councilman Al McGinnis Monday evening, seemed to capture council’s sentiments to move forward on allowing open containers for alcoholic beverages in Jackson Square, throughout various downtown streets during a special event in July and with a limit of two beverages on a specially built group pedal vehicle.

The agreement didn’t exactly come without a lot of discussion, questions and clarifications about each element of the open container requests before them.

Batavia’s Business Improvement District, aka BID, requested that open containers be allowed in Jackson Square during the summertime when the space is ripe with concerts and spectators are usually relegated to sitting inside or on the upper deck of nearby restaurants.

City law hasn’t allowed music revelers to sip a craft beer or gin and tonic while relaxing in their lounge chairs outside — a point that may change when council gathers again on June 12 to discuss the issue with a detailed resolution in hand to potentially vote on afterward.

Entrepreneur Matt Gray spoke as a business partner of Eli Fish Brewing Company, which backs up to the Square and is in progress with building a patio. He listed reasons why council would want to give a yes for open containers, including number one, the state liquor authority will only permit a business four events for open containers, and after Eli’s carnival, Octoberfest, BID’s Italian Fest, and the Ramble, “we’re out of licenses for that space,” Gray said.

There’s potential for grassroots development within that area, he said, that could mean other types of businesses, such as a cider distillery or similar, to bring more people downtown.

“If you bring the people downtown, and that is our goal, more development happens on its own. So it's great that we're doing this work to Jackson Square, but I really think that having an open container will kind of push us to the next stage as far as getting more traffic to the downtown area,” Gray said.

While some council members agreed with Gray and supported his stance, they shared the possible pitfalls as well.

“My concern is, people using it as a public space, bringing their own alcohol, they get out of the eye of the public, and hang out in there, when there isn't a function going on at the restaurants that connect to it. So I'm in favor of it. But I would like to see possibly signage warning people if they leave that area that they're going to be in violation,” Council President Eugene Jankowski Jr. said. “And obviously, if no one is responsible for it, but yet they use it, who's going to be cleaning it up? I mean, I'm sure it's inevitable. There'll be bottles or glasses or plastic cups being thrown around in there. I know a lot of businesses clean up around their own business anyway. It's fine.

“But you know, hopefully, they would keep it clean on their own and notify if somebody was just in there, having a private party without any authorization and using the space for a hangout and drinking location. But that's not what you're talking about here. You're talking about promoting business, promoting activity in there and maybe even freedom to go from one establishment to another,” he said. “That's all great. I love all that. But my prior life has taught me that not everyone obeys the unwritten rules, so to speak.”

He suggested that some type of guidelines might be warranted to ensure that everyone follows the rules.

“To make sure that it stays clean, doesn't turn into a hangout, and that people know, if they're walking out with a beverage and they walk out to Jackson Street, they know when they walk through the alley that they're leaving the space, and then they probably should either dispose of their beverage or finish it up,” he said.

The BID also requested that the city drop its open container law per Batavia Municipal Code during the Italian Festival on July 29, so that people can enjoy libations on downtown streets during the event from 1 to 9 p.m. This approval would require council to grant special permission to allow open containers on designated city streets and sidewalks during this event.

The third request is from Kuyler Preston of his newly formed company Batavia Pedal Party LLC. Using a specially crafted pedal and motorized open-air vehicle, a driver takes groups on a two-hour tour of the city for a fun, enjoyable ride, Preston said. 

While everything about his business is licensed and insured, he is seeking approval from council to allow each passenger to bring two cans of alcoholic beverages on the ride.

The difference between this type of group trip and that of a limo is that the pedal party vehicle is not enclosed, and the alcoholic drinks are visible to other people not in the vehicle, city attorney George Van Nest said. So Preston needs approval from the city to allow for the open containers on the bike, Van Nest said.

Jankowski said that some further research and discussion with police may be needed before making final decisions on some of these requests.

“I think we're gonna have to do some research like other places have done and talk to our police and DPW and see how they feel about it. But definitely, I like the idea of that square becoming a more multi-use space, or the businesses that they use it there for any private gathering or whatever,” he said. “But as long as it's approved, instead of just, we're starting to get calls because people realize it gets off to a place that you can use it at four in the morning and drink alcohol. And that's not really what it was intended to be for.”

Council is expected to discuss them further during a special conference session on June 12, to be followed by a business meeting for related votes.

Two Town of Batavia projects — the Kings Plaza Pump Station and Force Main Upgrade —  originally planned for completion in 2020 had been put on hold due to Covid-19 and increased pricing, city officials say, pushing it out to December 2021 when additional funding was available.

During that same time, the town’s wastewater flows increased to approximately 1.2 to 1.4 million gallons per day, which exceeded the town’s current contractual limit of .85 million gallons per day, as established in the Wastewater Facility Agreement dated in February 2015, city officials said.

“So basically what you’ve got, the Town of Batavia was awarded a grant from the New York State Community Development Block Grant to upgrade the Kings Plaza pump stations and make improvements to the existing water main that connects to the city's sewer system. They are over capacity right now,” Public Works Director Brett Frank said during City Council's conference meeting Monday at City Hall. “The pump station has a maximum capacity of .54 million gallons per day (MGD), and the town would like to plan for future growth … there’s concern with their current exceedance of the contractual former limits in the full capacity of the plant, and we believe we should not yet approve a capacity of one million gallons per day. This agreement will address these concerns and proposes modifications to ensure that the town adheres to the current capacity flows of point .54 MGD.”

City Council was asked to approve a resolution of agreement between the town and city of Batavia that the town will stick with an average .54 million gallons per day, and that if it goes above that, “daily monetary penalties will be levied by the city.”

City Attorney George Van Nest said that the city has “the ability to have penalties for going over that, which it’s in there, but we haven’t stipulated what those penalties would be.”

The town is also asked to agree that a new 12-inch force main will be installed from Kings Plaza Pump Station to River and South Main streets, and that the city may inspect the project.

“The upgrades at the Kings Plaza Pump Station will include a new master sewer meter,” the resolution states.

Council members Bob Bialkowski and Eugene Jankowski Jr. said they were concerned about the town paying the penalty, “and that’s not solving our problem,” Jankowski said, “and they’re getting away cheap to cause a problem for us.”

They wondered if the town should have to do its own water treatment, and Frank said that’s already in the plan.

“We’re actually engaging in those engineering services to potentially expand the wastewater treatment plant, and that would all be at the cost of the town of the Batavia to do those engineering services,” he said.

The matter was forwarded on to a business meeting that followed, and Council approved the resolution for the city manager to execute a related state Department of Environmental Conservation BSP-5 form.

After a brief discussion Monday evening, City Council agreed to forward a residency waiver to its next business meeting for a vote.

The residency requirement for Fire Chief Josh Graham was to be in effect within six months of his hiring, which is up this month. Apparently, Graham requested an extension of that waiver, and most of council seemed to be in agreement to grant it.

Councilman Bob Bialkowski was the only one to question whether the chief used a city vehicle to drive to his home in Wyoming County, and Council President Eugene Jankowski Jr. said yes, as is the case for department heads.

The group agreed to forward the item onto the business meeting agenda in May.

When asked by The Batavian why the city was granting a waiver extension, Jankowski said that it was temporary.

“Until the situation changes. I can’t discuss the reasoning as to why,” he said. “I have no concerns, and if you come to work on time and you’re on-call and you’re here in a reasonable amount of time, I don’t have a problem with that.”

Council had at one time discussed widening the circle of territory for where city department heads could live and maintain residency requirements, Jankowski said. Other city officials have been granted such extensions of living outside of the city, including former and current police chiefs and assistant city managers, including the most recent one, Erik Fix, who lives in Le Roy.

Jankowski said he felt that as long as people made it to work on time and didn’t mind a longer commute and dealing with bad weather, it was ok with him.

But others disagreed, so they now take such situations on a case-by-case basis, he said.

By no means will there be a carte blanche residency waiver system, he said. This is just one of those individual cases, and council wants to work with a valuable employee, he said.

“He’s doing a great job,” Jankowski said of the fire chief.

File photo of Eugene Jankowski Jr. by Joanne Beck.

Derek Geib, entrepreneur, property owner and president of the Business Improvement District, has been a tight-lipped businessman.

He didn’t have much to say when voted in as president of the BID while operating successful enterprises with Bourbon & Burger, The Coffee Press and Roman’s, all in downtown Batavia.

Now it appears as though Geib has more ventures on his to-do list, with a proposal to buy parcels 11A and 11B in the City Centre from the city of Batavia.

When reached Monday, Geib would not go on record with any comments about the purchase or his plans for the mall property. He wouldn’t even give a hint about what type of business might be going into the space formerly occupied by Valle Jewelers several years ago.

City management had previously requested permission from City Council for a reassessment of vacant properties, and 11A and B were evaluated to be worth $60,000 as fair market value by Lynne, Murphy & Associates, Inc.

Geib, operating under Geib Estates Corp., agreed to pay the price tag, plus additional expenses. Assistant City Manager Erik Fix recommended that the city “continue to foster development and activity in the Batavia City Centre, a unique downtown asset, and authorize this sale.”

“The property will go onto the tax rolls, and all the appraisal fees and closing costs will be paid by Geib Estates Corp.,” Fix said during City Council’s conference session Monday evening.

The purchase would align with the city’s Downtown Revitalization Initiative, Brownfield Opportunity Area and Strategic plans, Fix said in his memo to City Manager Rachael Tabelski.

Councilman Bob Bialkowski asked about the property’s assessed value and when the sale would actually take place. City Attorney George Van Nest said that a survey and title search will have to be completed first, which “can take a little bit of time.”

“But once that is done, we’ll make arrangements to have a closing and transfer the title,” he said.

Tabelski estimated that it would probably be in the summer, possibly in July. No one had an answer about the assessed value. According to online assessment records, the 2022 full market value is $124,000. For years, it has been sitting unoccupied. 

“Yes, put it back to work, I’m in favor of this,” Bialkowski said.

A resolution will be on the next business meeting agenda for council’s vote.

Photo of former Valle Jewelers property in Batavia City Centre from online assessment website. 

When he was in high school, David Twichell never intended to have children.

“The good Lord decided differently,” Twichell said during an interview with The Batavian. “Now I have 12 grandchildren and two great-grandchildren.”

And the retired grandpa — most formerly facilities manager for Bank of America’s six states of the Northeast  — spends a lot of time with the little ones. He names it as one of his biggest hobbies. Perhaps no surprise is that Twichell has also served on the city’s Youth Board.

He believes in the JFK adage, “Ask not what your country can do for you, but what you can do for your country.” And so, now that has filtered “down to the city level,” the newly inducted City Councilman said.

Twichell was sworn in Monday as the Second Ward representative, temporarily filling a vacancy left by Patti Pacino until the election in November.

A homegrown Le Royan and 1973 Pavilion High School graduate, Twichell went on to work as a guard at Attica State Correctional Facility in the mid-1970s for two years. He was then picked by Genesee County Sheriff’s Office to become a deputy.

“They were looking for individuals that had training in prison activities because, of course, back in those days, all deputies started out in the jail,” he said.

He left to become a single parent. Finding child care for his various shifts proved difficult, so he did it himself, he said. He adopted his first child from his ex-wife and went on to become a foster parent over the course of 20 years. He is glad he didn’t go with those first his school inclinations.

“Raising those three children was one of the best experiences in my life,” Twichell said.

He was on standby during COVID because “you know, when a child wakes up in the morning with a runny nose, you can’t send them to school. So Grandpa got a call at six o’clock in the morning, and I did a lot of babysitting, and I enjoyed every minute of it.”

Even when The Batavian called for an interview, he couldn’t talk because he was surrounded by grandkids, he said. They range in age from 16 to 18 months. Twichell sees the glass as half full for life, including his personal schedule.

“That’s another blessing. I’m divorced. I’m single. I’m retired. So I couldn’t ask for anything more,” he said. “I get up every morning. My days are wide open. And I generally filled them with grandchildren.

And I do some odd jobs on the side, just to keep myself busy as well.”

Hobbies? The 67-year-old has several motorcycles and likes to take a cross-country trip every summer. The latest one was a roundtrip that took him to Washington State, southern California, Arizona, New Mexico and Florida. He has family in many states, “so I’ve got lots of places to stay on my trips.”

A newcomer to the government realm of an elected seat, Twichell has spent the past 15 years petitioning for young people during council meetings, he said, especially during budget sessions.

“Now I’m just looking to take that to the next level instead of representing just youth, now I’m representing the entire Second Ward,” he said. “It’s just become public that I’ve taken over the Second Ward from Patti, so I haven’t had much contact yet, but I’m anticipating a lot of future contact with my constituents.”

What challenges does the city face?
“I think some of the challenges that are gonna be forthcoming with the city are the budget, as the state seems to be giving us more and more mandates and less and less support, the new police station, all the development that's been going on with the Savarino project and Ellicott Street, etc., etc. And I think that's where we're really going to be focused with the increasing costs of personnel and fuel and labor costs,” he said. “And I think the city is facing some real fiscal challenges here in the future. And I'm looking forward to working with City Council and the city manager in addressing those issues.”

How will you get to know your constituents and what they think are city issues?
"What I'm planning on doing is primarily going door-to-door, but also putting out a public invitation for my Second Ward constituents and maybe have a picnic in the park or hot dogs and hamburgers. Something of that along those lines."

A motto you live by?
"I live by my faith, my family and my city," he said. "This is where I live. This is where I plan on spending my retirement until my last days. I'm not going anywhere, and am looking forward to these challenges."

He plans to run for the seat in November. His platform is to “ensure a level or reduced taxation structure while maintaining the same level of city services.”

Second Ward City Councilman David Twichell. Photo by Joanne Beck.

City Council members agreed to lay the groundwork for a new $15.5 million police station and appoint a new Second Ward representative during Monday’s business meeting at City Hall.

After approving a resolution to bring David Twichell aboard to fill the seat recently vacated by Patti Pacino, council, including Twichell, later voted on resolutions to seek funding from the USDA Rural Development Community Facilities Program as a potential funding source for a new police facility.

The city of Batavia has already been awarded a $2.5 million congressional grant, which is to be applied toward the cost of the facility to “address capacity concerns, building limitations, improve handicapped access and ensure quality police protection services now and into the future.”

As for payment of the remaining $13 million, the resolution states that “the process of applying for a loan does not obligate the city of Batavia in any way unless, and until, a specific loan and grant offer has been extended to the city by USDA RD and the city of Batavia’s approval of the offer is attained.”

Council also approved financing the cost of project construction of the police station with bond anticipation notes. The construction expenses in connection with the capital improvements of the police department safety headquarters are authorized at a maximum estimated cost of $15.5 million, according to the resolution.

The station will be located in the parking lot across from the Jerome Medical Center on Bank Street next to Alva Place. 

Councilman Bob Bialkowski said it will be nice to see a new facility after the decades -- estimated to be at least half a century -- of making do with older stations. A new facility "certainly meets the upcoming needs" of the department, he said. Council President Eugene Jankowski Jr. agreed.

"It's long overdue," he said. 

Photo: Newly sworn-in member David Twichell, right, sits alongside members Eugene Jankowski Jr., left, and Paul Viele. Photo by Joanne Beck.

The city of Batavia Republican Committee is wasting no time in filling the vacancy left by Second Ward City Councilwoman Patti Pacino.

David Twichell is expected to be sworn in to temporarily fill Pacino’s seat during Monday’s council meeting. Committee Chairman Rich Richmond confirmed that Twichell has been designated for the seat, and the item is on the council’s conference and business agendas for discussion and a resolution vote.

The meetings are set to begin at 7 p.m. Monday in the Council Board Room, second floor of City Hall.

Twichell, who lives on Summit Street in the city of Batavia, is to fill the vacancy until the next election in November. At that time, he is expected to run for the permanent term, along with any other candidates that run for the vacant seat.

Pacino had served on council for 13 years. She resigned her position as councilwoman during the last meeting nearly two weeks ago due to health concerns.

City management is inching closer to the crucial phase of a new police facility: being able to afford it.

Not that all of those plans and blueprints and virtual trials haven’t been important, but without the money, it’s not going to get very far.

City Manager Rachael Tabelski asked City Council for permission to apply for the funding during council’s meeting Monday evening. Or at least she broached the topic for a final vote to be placed on the next business meeting agenda. So there’s at least one more step before grant and loan applications are a go.

Recent estimates for the new facility are $15.5 million, Tabelski said, to be paid off with a 30-year public improvement serial bond, a $2.5 million USDA grant and potential use of facility reserves with a current balance of $790,000.

Annual payments for the $15.5 million bond would range from $700,000 to $800,000 at current interest rates, she said.

“We talked at length about this during the budget, this is why we bumped reserves up so high this year, so we had that money ready to go to make debt payments. I'd also like to say under USDA, we'll be getting a 3.75 percent interest rate, which is locked in. And we do not close until the completion of the building. And if the interest rate for some miraculous reason goes down with USDA at any point during that process, we can capture a lower rate,” she said. “So in the general obligation bond market, you're not going to see these types of rates. So while I think it's still high, right now with the rates the way they are, it's a very good situation we put ourselves in using USDA as a lender.”

Council agreed to move the vote to the next business meeting.

The new facility has been mapped out for the parking lot along Bank Street across from the Jerome Medical Center. Police Chief Shawn Heubusch has said the police station is the second most publicly traveled city facility — with City Hall being first -- and it’s important to get the building and details right, he said, and should save money from the typical myriad change orders of large construction projects.

A total of construction, engineering, equipment and material costs were estimated late last year to be from $13 million to $15 million, which have apparently gone up now, to $15.5 million.

During that last presentation a few months ago, at least 115 public parking spots were to remain after construction, in addition to free public parking on surrounding streets, “which would more than adequately serve the needs of existing businesses on Washington, Alva and State Streets,” Tabelski had said.

This has been a long time coming, given prior consultant studies, Task Force Committee meetings and discussions about how to proceed with the current station housed in a 167-year-old building. Known as the Historic Brisbane Mansion, the Main Street site has been deemed unsuitable for police operations, and renovations were ruled out as being too costly.

“There have been no less than five studies conducted since 1991 to determine the future of the police station in Batavia, as well as a citizen task force commissioned to investigate possible site locations,” Tabelski said.  “The location of the new facility was identified by the task force in their top three site recommendations.” 

The new facility will improve “the quality, efficiency, security, and regulatory compliance features of the services and activities of the department,” she said.  It will also enhance the opportunities to meet community-oriented policing needs, and become a space to conduct community events, including educational forums, police-assisted addiction recovery initiatives, explorer post, citizen academy, and focus groups.

Rendering by Ashley McGraw Architects courtesy of the City of Batavia. 

Well-informed, polite, and a wonderful person with her own style.

That’s how City Councilwoman Patti Pacino’s colleagues described the Second Ward representative. Pacino announced Monday evening that she would be stepping down from her position due to health-related issues. After 13 years taking a seat in Council Chambers as one of nine elected city leaders, she will miss it and will be missed, her colleagues said.

“I’m already missing it,” she said after council’s meeting at City Hall.

Pacino explained that, in addition to her medical condition the last several months — a bilateral ear infection that resulted in a December brain surgery and difficulty with walking and hearing — “I’m very tired,” she said. Her family has been helping to transport her to and from places, and she made the decision that it’s too much to continue.

Good news includes her regained memory, vocabulary and ability to use a fork and a pen. Hearing aids should help to replace part of her hearing, and she’s working on being able to walk again.

She read a prepared statement at the beginning of the meeting that read, in part:

"In light of these changes, I have sadly decided to stop early on my council work. Tonight will be my last meeting as a City Council member. I’m sure I will still visit meetings to share my opinions, just behind a different microphone,” she said.  “I wanted time tonight to offer my sincere thanks to all the city policemen, firemen, departments, the city manager and staff at City Hall, all the Batavia citizens who have shared questions and suggestions, and most of all to all the dedicated people who have sat in these nine council seats during the past 13 years sharing hours of reading, studying, discussing, and agreeing to work overlooking the management of the City of Batavia.

“This has been one of the most wonderful experiences of my life,” she said. “My great thank you to all.”

Pacino has jumped on board no matter the topic, whether it’s the deer on Ross Street, an old police station, or a picnic in the park. She hasn’t been afraid to speak her mind, but not in a flashy or ignorant way.

City Council President Eugene Jankowski Jr. commended Pacino for being so well-informed. She reads everything, he said.

“And she knows what she's talking about when she makes comments. And so I have a lot of respect for her because of that,” he said to The Batavian. “She's well educated, and does her research. And that's one of the important things, I think, of being on council, to make sure you understand both sides of the situation. And she has been very, very good in that respect. I liked her comments, and she usually contributes some good information. So she's going to be sorely missed.”

Pacino was great to work with and knew how to interact professionally during meetings, Councilman Bob Bialkowski said.

“I can only wish her good luck. And I think she knows what she needs to do. She knows what’s best. She’ll be missed on council, that’s for sure,” Bialkowski said. “I mean, working with her, it's always been a pleasure, it's always been polite, polite exchanges. She helped me one year on the parades.”

Councilwoman Kathy Briggs agreed. “It has been an absolute pleasure working with Patti,” she said.

“I enjoyed discussing City issues with her and getting her opinions,” Briggs said. “I’m going to miss her, but she won't be forgotten. I will still contact her and talk about everything.”

Sixth Ward  Councilwoman Tammy Schmidt has known Pacino for decades. From her large-framed glasses to a comical moment after a council meeting, Schmidt has fond memories of Pacino, a well-known community advocate.

“I have known Patti since high school.  She worked there when I was in school.  I also thought she was a wonderful person with her own style and her signature eyeglasses.  I did not recognize her without them!  I have only worked on council with her 15 months, but I believe her heart was in her work no matter what the job was,” Schmidt said.  “My most recent memory is when she got locked behind the gate with John Canale after a meeting, and nobody knew how to set them free.   I have a nice photo to look back on.  Patti will be missed and I hope she will be replaced with a person who has a love for this city and a passion for the job and our citizens.”

Councilman Richard Richmond, chair of the City Republican Committee, said that the committee had already pegged David Twichell to run for the Second Ward seat when Pacino had indicated that she wasn’t going to run for re-election in November. So the plan is to temporarily fill her seat with Twichell until he runs for a term in November, Richmond said.

Twichell is president of the city’s Youth Board.

Top Photo of Patti Pacino during Monday's council meeting at City Hall, by Joanne Beck; her official city photo; and above, a file photo from 2010 when she was sworn in the day after she misunderstood the time of the official swearing in ceremony, by Howard Owens.

Batavia's Police Benevolent Association President Matt Wojtaszczyk, above, shared some good news with City Council this week. The PBA served up some pancakes for a fundraiser this past summer to generate donations for special technical needs at the police department.

"So over the past year, the PBA members specifically representing emergency response teams have been working on fundraising to assist the department with updating the Emergency Response Team," Police Chief Shawn Heubusch said during the council's conference session at City Hall. "We appreciate them for recognizing the need to do this and stepping up and doing so, and they donated some pretty big items."

Thanks to the generosity of host Grace Baptist Church in Batavia, PBA members, and, apparently, hungry residents, the PBA was able to raise approximately $3,600, Wojtaszczyk said.

“At that event, we just want to say a big thank you to Grace Baptist, who helped us with the fundraiser and using their facility, and they provided staff to assist us as well, as the PBA managed the funds and facilitated the fundraiser,” Wojtaszczyk said.

"And using those funds, we purchased the following equipment. We purchased four cameras and a monitor display for a rescue vehicle, specialty breaching equipment to Red Dot optics, an unmanned aerial vehicle otherwise known as a drone, and upgraded batteries, storage bins and miscellaneous team equipment. And we plan on purchasing a new optic for our sniper team," he said. "So we were able to get quite a few items. Those items, once they're purchased, are donated to the city for city use. We appreciate everyone that supported us.”

Photo of PBA President Matt Wojtaszczyk during a City Council meeting at City Hall, by Howard Owens.

All eight City Council members signed a letter Monday night requesting that state Homes and Community Renewal officials work with the city to bump up a portion of the current Area Median Income levels at Ellicott Station.

“The city of Batavia is requesting that HCR work with us to present a better mix of incomes on the property with apartments that rent for 80 percent and 120 percent AMI,” the letter states. “We feel that this will encapsulate the workforce housing that we were promised, better align with the city’s vision of the DRI strategy, and still provide affordable housing for residents.”

Earlier Monday, during council’s business meeting, City Manager Rachael Tabelski referred to a letter that she had provided for council members to review. Apparently, they reviewed and revised the letter after the meeting. The Batavian has asked for additional details about that process and will update this article once responses are received.

Since the first application went in for Ellicott Station, local folks were excited about the prospects of longtime vacant and toxic property along the south side street getting cleaned up, renovated and repurposed. But since its inception in 2016, as City Manager Rachael Tabelski has described it, the project became fairly fluid.

“Ellicott Station has been a moving target over the last several years as the developer made various and multiple overtures to funding entities with regards to making the project financially viable. In 2019, the City supported the project’s housing component as being mixed-income that would provide housing for residents that were employed in local manufacturing in an application submitted to New York State Homes and Community Renewal from the developer,” Tabelski had said. “Furthermore, in 2020, it was confirmed that people living at Ellicott Station must be employed and not receiving government assistance."

City leaders had expressed disappointment about the apartment project’s income levels after The Batavian’s exclusive coverage published on Feb. 18. Application materials made available at Ellicott Station’s website outlined the qualifications for one- and two-bedroom units, many of which had maximum annual salaries at or below minimum wage and seemingly requiring Section 8 assistance.

One example is that two people each earning minimum wage, $14.20 an hour, are not eligible for a two-bedroom apartment at Ellicott Station because they would be earning too much (the maximum household income for two people in a two-bedroom apartment is $34,600, and two people working full-time at $14.20 would gross $59,072).

Developer Sam Savarino has said, in a follow-up interview with The Batavian, that he expects the housing complex to be filled with gainfully employed people, though he had no thorough rationale for the low maximum income levels. He said that the numbers were set a couple of years ago and can be reset once everything is up and operational at Ellicott Station if current salaries have increased.

Here in Batavia, “we would like to be known for innovative housing that has a mix of incomes to preserve our most vulnerable neighborhoods, help citizens, and provide for housing for entry-level manufacturing, service workers, and students,” the city’s letter states. “The City of Batavia, New York State, Brownfield Opportunity Area, and the Downtown Revitalization Initiative (DRI) strategy both define the need for downtown housing, including infill construction, upper floor apartments, and a demand for higher income housing, including market-rate housing.”

“When Ellicott Station Project was proposed by Savarino Companies, it was originally a market-rate housing project, however, through several financing iterations, Savarino Companies worked with HCR to finance the project. The city discovered that at the time of application, Savarino Companies applied to HCR for a mixed-income housing model but was directed by local HCR representatives to only allow residents with 50 percent to 60 percent AMI,” the letter states. “While workforce housing is the goal for the Ellicott StationSavarino Development, that is not the type of tenants that this housing will attract.”

The letter further lays out the compounding issues of the capped 50 to 60 percent Area Median Income and  inflationary wage increases that will not allow working citizens to qualify to live at Ellicott Station, and “only vouchered Section 8 residents will now be able to access this property.”

“This is a fundamental change from the goals for the Ellicott Station project and does not match the BOA or DRI strategies for development of our downtown,” it states.

As a result of this fundamental change, city leaders said they are concerned that:

• Drastically increased wages for entry-level manufacturing and service jobs pay more than what would qualify for this housing complex;
• The project no longer aligns with the City’s DRI and BOA strategies, and it won’t fulfill the City’s need for market rate and workforce housing as determined from various studies;
• Low and very low-income housing — versus mixed-income housing — could set the project up for potential issues contrary to community objectives, including drug, gang, and criminal activity, per proven studies;
• Other DRI communities across the state have received HCR tax credits and rents were allowed to be 80 to 120 percent AMI in some cases — so why not here?

Photo of Ellicott Station in progress at 50 Ellicott St., Batavia, by Howard Owens. 

Greg Ireland likes to tell people that one of his best days happened 23 years ago. That’s when he was hired by the City of Batavia as an emergency medical technician. Apparently, the feeling has been mutual all these years since Ireland has climbed the ranks, being promoted to firefighter in 2002, lieutenant in 2015 and captain in 2018.

He was given a warm send-off Monday evening during his last department move to retirement. City Councilman Rich Richmond read a proclamation that summarized Ireland’s two dozen years of service that included firefighting, educating other first responders throughout Genesee County, and being “a positive role model to all of the fire department throughout his 23-year career,” Richmond said.

“In the true spirit of appreciation, for many years, Captain Gregory Ireland has served as a City of Batavia employee, the City Council and the City of Batavia herby make this proclamation to sincerely thank him for 23 years of dedicated service in our community, and wish him well in his retirement,” Richmond said.

During an interview with The Batavian in June 2022, Ireland had given notice and already walked out the door.  That last day was emotional, he said, as being part of the city Fire Department had “definitely been part of my lifestyle.”

“Emotions came in waves. It was the right decision at this time,” he said at the time. “I’ll have the opportunity to be home with my family … that’s going to allow me more time with my family and my kids. That was the main driver behind it.”

After more than two decades as a city employee, Ireland has been a recognizable face throughout the community. He started out as an emergency medical technician when the city-owned and operated its own ambulance service. He credits Sept. 4, 1999, as “the best day of my life” for a career move out of the radio — and the airplanes and helicopters used for part of his traffic reporting job.

“I actually flew on an airplane for almost two years every morning. I did that for a bunch of stations up in Buffalo,” he said. “It was a great experience, but not what I wanted to do.”

An Alexander High School and Genesee Community College graduate, he worked in Buffalo for a while before making the move. He began as an EMT in 1999, with a background of having volunteered for the Alexander fire department, and a year or two before that, Ireland took a first aid class. The handwriting seemed to be on the wall before a teenaged Ireland took serious note of it. He moved through the ranks from basic to intermediate EMT and then to paramedic. By 2002, he was offered a job as a firefighter, which was a major goal.

In 1999, the opportunity for a job came up, and it “turned into a great career,” he said.

He couldn’t help but humbly accept the honor before the council and remind everyone how he feels.

“I always say Sept. 4, 1999, was one of the luckiest days of my life,” he said. “They’re always going to be part of my family.”

Photo of Greg Ireland accepting proclamation from City Councilman Rich Richmond during City Council's conference session Monday at City Hall, by Howard Owens.

In a seemingly predictable move, given City Council’s talks of late, the group voted Monday to adopt a law to override the tax cap limit and to approve the $33.5 million operational budget.

Both votes were six to two, with council members John Canale, Rich Richmond, Eugene Jankowski Jr., Paul Viele, Al McGinnis and Kathy Briggs giving a yes and Bob Bialkowski and Tammy Schmidt a no.

“Just as I’ve said in the past, I’m opposed to this, I think it can be avoided,” Bialkowski said. “The county is giving us $392,000 additional sales tax revenues. I’ve had contact from many taxpayers and voters, and they’re very upset with this. So that’s my position and opinion.”

Likewise, Schmidt isn’t in favor of the budget and override and has previously mentioned that she’s voting for her constituents.

“I’ve had many voters asking me to vote no, and I am going to do so,” she said Monday, questioning some budget logic. “So we don't want to use the county money because it's one-time money. But we did use the one-time, Alliance money for raises. So next year, I don't know how we're going to cover those raises. But we're using one-time money for raises but won't use one-time money for the tax cap override. So that's just my comment.”

Jankowski emphasized that the tax rate was lowered last year, and overall, he feels that the city has been doing a good fiscal job.

"We're not using $110,000 out of retirement reserves, which we were kind of forced to do the last two years, we've broken away from that. We're not using VLT money to supplement the budget because we got burned one time. And it was hard not to do during COVID. We were struggling with everyone else. But we were able to get off of that. So that's a huge step in the right direction,” Jankowski said. “We've lowered our debt service by 9%, which has put us in good financial condition to bond the new police station, the LED streetlight conversion, the ice rink chiller, the Zamboni and three upcoming major water and sewer infrastructure improvements,” he said. “So I think we're on the right track to provide the services that people expect in the public safety and things like that. Even though, at this point, we're still taking $454,000 out of the fund balance to kind of cover the budget this year.

“So I think we're doing pretty good, I'm really happy with it. All the people I talked to understand the situation we're in to give us their full support. And I have had one or two people that have concerns, and after talking to them, they understand where we're at,” he said. “So I just wanted to make that clear because, you know, there's some negativity here. I'm not happy about this tax cap, either. But I think under the circumstances, what we're achieving here, and how we're doing it, I think is the proper way to go.”

Viele agreed with Jankowski, and Briggs said that she’s had a few phone calls, but “once I explained it, they were fine,” she said.

The tax cap override means that the city will be able to collect a $6.6 million tax levy for the $19.4 million general budget. City taxpayers won’t see an increased tax rate, as that will remain flat at $8.94 per $1,000 assessed value.

Council was unanimous in its vote to approve the 30-cent water rate increase, which, along with an increased water meter rate and capital improvement fees, will tack on about $60 more for an average home of four people.

Just prior to a vote by City Council last month to approve Gov. Kathy Hochul’s Housing Compact, some council members asked to put on the brakes before giving the state carte blanche with such a mandate.

The original resolution gave the state control over local housing plans, which included requiring New York municipalities to increase their housing stock by 1 percent annually. A few paragraphs of the state’s resolution were redrafted, and council is expected to vote on the tweaked version during Monday’s business meeting. Those revisions now urge the state Legislature to reevaluate Hochul’s compact proposal and the potential impacts it would have on municipalities, especially in upstate communities, including Batavia.

The business meeting is set for 7 p.m. in the Council Board Room at City Hall.

Hochul has included the housing compact as part of her 2024 budget proposal, with a goal to build 800,000 housing units across New York State over the next decade. If approved, this measure would require cities, towns and villages in the state to achieve certain thresholds over three-year periods and require upstate municipalities to increase housing stock by 1 percent annually.

Batavia may be stripped of any local zoning, planning or land-use regulations powers if housing targets are not met and allow mixed-income multi-family projects to take advantage of a fast-track housing approval process, city leaders say.

“The objection I have heard from City Council, and that I also have, is that the governor’s Housing Compact Legislation has the potential for the state to take away, or usurp, local zoning control and undermine local governments’ home rule,” City Manager Rachael Tabelski said to The Batavian. “The Batavia Development Corporation (BDC) has a small business and housing group that meets semi-regularly.  A few weeks ago, the group reviewed the Genesee County Housing Needs Study, the (Downtown Revitalization Initiative) Plan, the BOA, the City Comp Plan and the CZB to glean the commonalities in the plans with respect to housing.  The notes are attached, but the commonalities are clear.  These are identified needs for the City and should be the focus as we move into the future.”

Some of the focus of these documents includes more market-rate housing downtown, single-family homes in neighborhoods, condos for workforce renters and owners, and market-rate apartments throughout the city. There isn't enough market-rate housing for seniors and millennials in Batavia. There's a shortage of rentals Downtown.

The report from CZB consultants in 2008 showed there was no demand for additional affordable housing, contrary to what the city now has coming with Ellicott Station. Instead, there was a need for 187 homes in the $50,000 a year income range, which is now estimated, due to inflation, to be closer to $75,000 or higher, Tabelski said.

During that Feb. 27 meeting, Councilman Bob Bialkowski asked to change a couple of the governor’s proposed paragraphs because “some of this could be taken out of context,” he said.

“And the other thing is, the city of Batavia will continue to make significant investments in housing development … how much of an investment are we going to make? Over what period of time? Do we even have land to build more housing?”

Council members Rich Richmond and President Eugene Jankowski Jr. agreed, which prompted the resolution going back for revisions before a final vote.

“New home building and construction should not take priority over the well-being of residents and a community, which is what could be at stake if the new State Housing Approval Board is given overriding authority to local regulations, is part of the resolution for Monday’s vote.”

To answer Bialkowski’s question about land for housing, several areas have been identified, Tabelski said. Those are located on:

• Burke Drive
• Creek Park
• Swan Street / Harvester Avenue
• Former Armory site
• North Street/ Naramore Neighborhood
• Days Inn / Super 8 site
• Former Batavia Iron and Metal site
• Bank Steet/Alva Avenue
• JC Penney site / City Centre
• Harvester Center
• Flood plain properties
• Various zombie, abandoned houses
• Upper-floor residential opportunities

The STAMP site on the county’s west side has a need for owner-occupied units for moderate to high-income occupants, she said -- 382 new owner-occupied and 735 new rentals, with high-end growth needs of 941 new owner-occupied and 2,035 new rental needs.

So the governor is not off base with a projection for housing needs. It’s just that city leaders would like to maintain more control over how and where it happens and that it meets the consultants’ recommendations, such as the unmet demand for market-rate versus low-income housing units.

“Past studies have shown that there are different types of housing needs in the City Of Batavia — from downtown apartments to single-family homes.  However, land within the city is limited, so I think it’s important that each project be carefully planned,” Jankowski said.  “My bigger concern is that the Governor’s Housing Compact legislation has the potential for the State to take away, or usurp, local zoning control and undermine local government's home rule.  This could prevent or restrict the city (city residents) from managing their own community and instead be subject to state officials who don’t live here.”  

“But (we) can’t stress enough that local municipalities and local zoning/planning boards should be working with developers and local economic development agencies to develop strategies to provide adequate housing,” he said on behalf of Legislature Chair Shelley Stein and himself. “Genesee County is opposed to losing home rule control by having the state be able to “fast track” projects that don’t conform to local zoning.  We understand the state’s overall intent with this compact, to help provide more housing opportunities for New Yorkers that are struggling to find suitable affordable housing.  But it appears New York City and other large urban centers of New York are largely driving the need for this compact.”

County and city officials agree that housing must remain with local municipal comprehensive plans. Landers said the county’s Smart Growth Plan is still relevant today and is updated to address potential housing growth to match infrastructure and lessen the impact to green agricultural lands. Whereas the state is not.

“The population migration trends in Genesee County don’t match the Governor’s proposal,” he said. 

There’s time for public comments at the beginning of the meeting, and council is also scheduled to vote on resolutions to adopt a law to override the tax cap limit, adopt the 2023-24 budget, and establish new water and meter rates and a capital improvement fee.

As grateful as GO ART! staff was to have gotten additional funding this year to resume the annual Picnic in the Park, it will only be possible with the assistance of other community organizations to help out, Executive Director Gregory Hallock says.

City Council agreed this year to boost the regular amount of $2,500 to $6,500 to bring back the Fourth of July event at the urging of Councilwoman Patti Pacino. Since the city wanted to approve a transfer of funds from the defunct centennial celebration committee for a resurrected Wing Ding, Pacino said she would only vote for that as long as her fellow council members also approved extra funding for Picnic in the Park. And so they did. 

After seeking various ways to make it happen, Hallock feels it’s just not feasible, he said.

“With funding drying up for both the Ramble and Picnic in the Park, GO ART! and the Ramble Team joined forces last year to put on the Ramble Explore ART! and Music Festival in hopes of keeping an event alive within this amazing community we are part of,” he said to The Batavian Monday. “GO ART! made the commitment again for this year prior to hearing about a possible funding opportunity from the City of Batavia. It was a welcoming surprise when we heard the City of Batavia was willing to help fund Picnic in the Park this year; however, there is no guarantee this funding will continue beyond this year. With the Ramble just three days before July 4th, GO ART! just does not have the capacity and resources to put on Picnic as well.

“We have reached out to numerous groups asking for help, but we have been unable to secure any. We are willing to assist any organization by providing all the files and information needed to put on the event if anyone is willing and able to step up,” he said. “It is estimated that the event in today's dollars costs $20,000 to put on.”

City Council is expected to vote on a final 2023-24 budget during its business meeting on March 13. That includes GO ART! funding of $2,500 to support the arts and $4,000 for the picnic. The group and City Manager Rachael Tabelski were informed that GO ART! was committed to the Ramble and had “declined Picnic in the Park late last week,” Tabelski said.

So what happens to that funding?

“As far as the proposed budget, the line item is still in the budget, council has the option, and may dedicate or reallocate the funding through a budget amendment to general events account or not expend the funds altogether,” she said.

The picnic is not the only event not to make an appearance this year. Assistant City Manager Erik Fix recently announced that the Wing Ding Committee has put a halt on plans for this year’s event, initially scheduled for Labor Day weekend to correlate with a Wings Over Batavia Air Show. There didn’t seem to be enough time to properly map out the event, and members wanted to reconsider a date for the event.

Not all is lost for summertime fun. The Italian Fest will make a second annual return in July, The Ramble Explore Art! and Music Festival will also be happening in July, plus Friday night Jackson Square concerts throughout the summer and other concerts and special events at various downtown and across town venues to check out at The Batavian’s calendar. The air show will be making a comeback Labor Day weekend at Genesee County Airport.

File photo of the virtual 2020 Picnic in the Park during COVID, by Howard Owens.

An apparent unexpected discussion came up just before City Council’s vote Monday evening to move a proposed tax cap override to a business meeting for final approval to create the required local law.

Council members Bob Bialkowski and Tammy Schmidt each said they would not vote to move the tax cap override for a final vote on March 13, but neither offered amendments to the proposed $33.5 million 2023-24 budget.

Both council members said they had constituents who were not happy about the budget and override, and they, therefore, were not going to vote for it.

“I've heard from many, many constituents that have serious concerns over this. So I don't support it,” Bialkowski said during the group’s conference meeting at City Hall. “But if we run short, we'll have to learn to live with it, just like the average homeowner does. You know, people are really concerned about their taxes.”

Schmidt added that the people she represents are not in favor of the budget, and maybe it’s time to give a little.

“I’m not in favor of it either. My constituents are not in favor of it. And I can't vote yes on something that the people and the citizens of the city don't want, because I feel like I work for them,” she said.

None of those constituents, nor anyone else, showed up to speak during the three public hearings regarding the budget, tax cap override and water rate increase.

City Manager Rachael Tabelski has recommended the override as a way to make budgetary ends meet this year by collecting more than the 2 percent property tax levy of $6.6 million. If council does not approve the override, it will have to cut more than $456,000 from the budget, Tabelski said.

Council President Eugene Jankowski Jr. wondered aloud why, if these two had issues, they did not bring them up during two prior budget workshops. There was also a third one tentatively scheduled, and no one said they wanted or needed it at the time, he said.

“If you had complaints from citizens … Why weren’t any amendments made or attempts to me to address those concerns during the budget process? I mean, we had a month to do this, and if somebody notified me, as a representative, I would have come to the group and said, I have people concerned about this specific part of the budget. And they don't like this part. Is there any way we can reduce that? Or what would it cost to reduce it, there was plenty of time to ask and have those questions answered,” Jankowski said. “As I understand it, from my research, if we were to make the tax cap … we'd be taking money out of necessary savings accounts to cover the costs.”

Schmidt said she only more recently became aware of the county’s revenue distributions, including $392,000 for the city. Why can’t the city put those funds toward the shortfall, she said.

Tabelski explained that auditor recommendations are to keep a fund balance of 15 to 25 percent, and she is not leaning towards pulling any of that out to pay this next year’s bills. As for using the county’s unanticipated revenues, it’s not good practice to use a one-time amount just to meet the tax cap, she said, because then what happens next year?

“We’ll find ourselves right back here,” she said.

The city has gone through lean times, Jankowski said, especially during the pandemic and related drops in revenue. And now is not the time to pick the bones.

“And I'm not happy with inflation, I'm not happy with everything that is going crazy and the costs. And I get a chance to meet with a lot of the department heads. I do this every year. And it's about as lean as I believe we can get it and still provide the public safety and the services people expect for living in this community,” he said. “I think we have a balanced budget, that is a balance between necessary public safety and services that people are accustomed to, as well as trying to keep it as reasonable as possible.”

Councilman John Canale hates to use COVID as an excuse, and it isn’t one, he said, but rather, is a calendar marker. Those were very uncertain financial times that shifted council’s perspective, he said.

“And if I remember, right, we as a board, although Tammy wasn't here at the time, I do think we as a board decided, you know what, we just have to react to the environment as it happens to us," Canale said. "So we're going to do it on a year-to-year basis. Yes, we have to look down the road as we always have, that we need to survive on a year-to-year basis right now.

"It's just like many municipalities are in the same position that we're in. If I remember it, we all kind of casually agreed that, yeah, we'll just take this thing a year at a time until we started to get out of it. You know, get into the clearing a little bit. Well, we're not even clear,” he added.  “We are all very opposed, I think, to overriding the tax cap. I certainly don't want to have to do it. When it means that we can still continue to provide all the services like you say — that we have grown accustomed to having provided for us as taxpayers — and our only choice is either to drain funds that we shouldn't really be draining that we've worked so hard to build up or override the tax cap, which is nothing that any one of us put into place. That's our state that has required that of us. This is one of those years where we're still not in the clearing yet. I think that was the only decision. That was a viable decision.

“I feel pretty proud to say we’ve maintained the tax rate,” he said.

To the contrary, Schmidt doesn’t feel proud of the status quo, she said, not when other municipalities have lowered their tax rates. The city property tax rate is $8.94 per $1,000 assessed value, and that’s to remain the same.

“Can we ever just throw a bone to the citizens?” she said. “They are on the top of the organizational chart; we work for them.”

Council voted 6 to 2 in favor of moving the budget and override to the March 13 business meeting for a final vote. Members Kathy Briggs, Al McGinnis, Rich Richmond, Paul Viele, Canale, and Jankowski voted yes to no votes cast by Bialkowski and Schmidt. All members agreed to move the proposed water rate increase of 30 cents per 1,000 gallons to the same meeting for a vote.

File Photos of Bob Bialkowski, Eugene Jankowski Jr., John Canale and Tammy Schmidt, by Howard Owens.

A total operating budget of $33.5 million and tax cap override are not necessarily a done deal, City Councilman-at-large Bob Bialkowski says

Both of those issues are on the agenda for public hearings at the council’s next conference meeting. It’s set for 7 p.m. Monday, in the Council Board Room at City Hall.

Council had two budget workshops earlier this month to review the proposed 2023-24 budget, ask questions and make potential suggestions or amendments. No amendments were made to the spending plan, however, a final vote has not yet been cast, Bialkowski said.

“I’ve had a lot of constituents complain about it,” he said to The Batavian.

He hopes that citizens attend the hearing to make their feelings known for the record.

In her memo to council, City Manager Rachael Tabelski said that a general fund of $19.4 million balances revenues and expenses and includes considerations for increased costs of 8 percent inflation, double diesel fuel, $400,000 in employee wages, $300,000 in retirements, $475,000 in health care and 15 to 40 percent hikes in utilities and materials, including salt, gas and electric.

Employee expenses include nonunion raises effective April 1 for 15 positions ranging from secretary to the city administrator to city manager.

City Council conducted its usual annual performance appraisal for the city manager, Council President Eugene Jankowski Jr. said, per conditions of the manager’s contract. He would not provide any additional comments about the manager’s performance. Her raise is set to go from an initial $112,000 to an adjusted 117,600 and then to $121,128 for the 2023-24 budget year, based on “highest union” numbers.

Positions of human resources director, assistant manager, police chief, and fire chief, and public works director are slated for an $8,000 increase from the initial 2022-23 figure to 2023-24 budget year, for salaries of $111,687 for the first three positions, respectively; $106,453 for fire chief; and $96,194 for DPW director.

City Council recently approved increases for police personnel that would incrementally boost salaries by 3 percent in the first year and 2.5 percent in the second and third years as part of union negotiations. Council members, including Jankowski, Tammy Schmidt, and Kathy Briggs, had agreed that the increases were warranted as ways to attract and retain quality employees and remain competitive with other similarly sized cities.

If the council approves the budget, which requires a larger tax levy than allowable by state mandate, the tax cap override would also have to go to vote and be approved by at least a 60 percent yes vote of council. The proposed tax levy is $6.6 million, however, Tabelski is recommending a stable tax rate of $8.94, which is the current rate. She has said there are to be no new assessment increases this year — unless substantial improvements have been made to one’s property — which may be of little consolation for those still adjusting to the last two years of hikes. Bottom line is that a flat tax rate has meant a bigger property tax bill due to a higher assessment.

There is a third public hearing regarding new water rates, meter fees, and a capital improvement fee. The proposed water rate increase is 30 cents more per $1,000 gallons of water. This measure is to cost a typical family of four $60 more per year, Tabelski said.

There is time allotted for public comments during the meeting. Sign up with the city clerk before it begins.

To view the agenda and related documents, go HERE.

File Photo of City Manager Rachael Tabelski by Howard Owens.

More than a month ago Batavia City Council was given a $33.5 million budget proposal that included a $6.6 million tax levy, a required tax cap override and built-in budget sessions to see where cuts could potentially be made.

Five weeks later, the group voted to put the same 2023-24 budget and tax cap override on the calendar for public hearings that begin at 7 p.m. on Feb. 27 in Council Chambers at City Hall. Throughout the budget workshops, no council member suggested amendments to make cuts to the proposed $33.5 million financial plan.

One public hearing will be to establish a local law authorizing the city to override the state-mandated tax cap to collect more than the set limit of real property taxes. This law would need a vote of at least 60 percent of City Council to pass. It would then take effect immediately upon filing with the secretary of state.

The second public hearing is more directly related to the budget, naming the amount to be levied of $6.6 million. If passed by council, it will take effect on April 1.

As City Manager Rachael Tabelski explained in January, the tax cap is an “arbitrary formula given out by the state.” And with expanded roles of a full-time recycling officer and full-time ordinance officer, increased health care, retirement, utility, and other costs she believes are essentials, it was either overriding that tax cap or making “significant” cuts, she said.

“I would say this is this year's request,” she said. “The city would do everything in its power to maintain under the tax cap in the future.”

City Council, in its unanimous vote, agreed. Members Bob Bialkowski, John Canale, Eugene Jankowski Jr., Paul Viele, Al McGinnis, Kathy Briggs, and Tammy Schmidt have also agreed to a cumulative 8 percent raise over three years in a negotiated contract with the city police, though Bialkowski has raised a couple of questions about salaries and an extra day off. 

This next year's budget also includes a water and meter rate increase of 30 cents more per 1,000 gallons. That increase is to begin April 1, and will tack on about $60 more per year to the bill of an average family of four, Tabelski said.

The property tax rate would remain flat at $8.94 per $1,000 assessed value, although most assessments were raised over the past two years in the city, for an overall higher tax bill. For example, if a home is assessed at $90,000, and it is now assessed at $100,000, the flat tax rate times the higher assessment will cost the homeowner an additional $89.40 per year.

During Police Chief Shawn Heubusch’s review of his department’s budget Tuesday evening, he was asked how often the shared heavy-duty MRAP vehicle is used.

The city and county share the maintenance costs of this six-figure vehicle; it is often purchased and deployed for military use. The acronym stands for Mine-Resistant Ambush Protected.

And while it could be likened to that pricey classic Mustang that sits in the garage year after year collecting dust and costing a small fortune of insurance and maintenance costs, but impresses during the high school reunion, the MRAP does more than ensure a good impression.

“It goes out on every single call. And during the blizzard of 2022, it went out and saved lives, so it did exactly what it was meant to do,” Heubusch said during City Council’s workshop at City Hall. “We really thought it would be used for a flood, and it was a blizzard, but it worked perfectly.”

You may recall the stories about those hundreds of motorists — even including some fire trucks and ambulances — stuck and stranded in the drifting hills of snow throughout the western end of Genesee County in late December. That MRAP ate through it all to get to people and extract them from the life-threatening elements.

Transportation-related costs include fuel at $57,000, repairs at $11,000, tires for $8,800, towing, at $1,000 and rust undercoating at $2,500 for a total of $80,300 in this next year’s budget, he said.  Salaries and benefits expenses absorbed the biggest amount of the budget, with a $2,674,860 for regular and $220,000 going towards overtime costs, plus holiday, longevity and shift differential pay for a total $3,038,830 for police personnel expenses.

There are three vacancies, including one position that’s “frozen,” Heubusch said. The department will be recruiting for those other two positions, and to fill two retirements that are forthcoming later this year, he said. Finding candidates continues to be a tough job in itself, he said.

“It’s disheartening,” he said. “The number of people taking Civil Service tests is dwindling very, very rapidly.”

His review of the $4,323,847 budget also included repair and maintenance costs of the current police station — an expense he hopes will be the last “at 10 West Main St.,” he said, referring to the reality of a new station being built in the next year; and training as a way to stay up to date with “the latest and greatest,” including a two-week sniper course. Community policing and events have a cost of $12,440, associated mostly with overtime due to these events meaning overtime for after-hours events, he said.

And then there’s the category that seems to make everyone smile: the K9 unit, for $950, and the officer handler’s costs within the personnel category. The dog and handler spend their time together, and attend monthly training so as to maintain what they’ve learned, Heubusch said.

“The handler is compensated for caring for the dog,” he said. “He’s a working dog, so he’s always working.”

Council President Eugene Jankowski Jr., who was on the police force for several years, said the job takes someone who loves canines. No matter how special the K-9 four-legged is, it can still get messy, and needs to be tended to, he said.

“He does wonderful things,” Jankowski said. “But he’s a dog.”

No one on council had any amendments to make for the budget, which, as it stands, is headed to exceed the tax cap with a total of $6.6 million to be raised by taxes. The tax rate is to remain unchanged at $8.54 per $1,000 assessed value.

The city does not have plans to raise assessments again this year, City Manager Rachael Tabelski said. Assessments for many properties in the city were hiked for the last two years in a row, which made property owners’ tax bills increase even when the tax rate itself did not go up.

So if your assessment went up from $90,000 to $100,000, and the tax rate is a flat $8.54 per $1,000, that will mean an increase of $85.40 per year.

A public hearing about the budget has been set for 7 p.m. on Feb. 27 at City Hall.

File Photos of Police Chief Shawn Heubusch, from the City of Batavia; the MRAP, by Howard Owens, and K9 dog Batu and Handler Stephen Quider receiving a donation on behalf of Batavia Police Department in February 2022, by Howard Owens.