city council

If the first Batavia City Council meeting for the newly-appointed Rich Richmond seemed like it went by in a flash, that’s because it did.

At the outset of tonight’s meeting at the City Hall Council Board Room, Richmond was sworn in by City Clerk Heidi Parker to replace Jeremy Karas, who resigned his Council member at large seat (photo at right).

And 22 minutes later, the meeting was over as Council (guided by Assistant City Manage Jill Wiedrick, who was filling in for City Manager Rachael Tabelski) zipped through a number of agenda items, moving them to the board’s next Business Meeting on March 14.

Richmond, the City Republican chair, had several family members in attendance, including wife, Cindy; sons, Joe and Michael; Michael’s wife, Marjorie; daughter, Amber; grandson, Greydon, and granddaughter, Morgan.

Resolutions to adopt the 2022-23 budget and water rates/meter fees topped the list. Both provisions were forwarded with little discussion after a pair of public hearings failed to attract any speakers.

Council now is prepared to pass a $29.7 million All-Funds budget -- $17.8 million of it in the General Fund – that carries a property tax rate of $8.94 per $1,000 of assessed value. The rate is a decrease of 78 cents from 2021-22.

Water rates and meter fees are scheduled to go up by 1.5 percent.

Other forwarded resolutions were as follows:

• Contracting with HUNT E/A/S of Rochester for $99,317 for architectural and engineering services for the design of the City Centre/Mall $1 million Downtown Revitalization Initiative project.

• Authorizing work and contracts in connection with the city’s Water Treatment Plant and Waste Water Treatment plant.

• Accepting a $1 million grant for the Jackson Street water main project.

• Accepting a $5,000 grant from the GO Art! Statewide Community Regrant Program to fund the “Community Garden in Bloom” seasonal mural initiative at the Community Garden on MacArthur Drive.

Conservative Party Endorses Three

In other news involving local government, the Genesee County Conservative Party tonight endorsed Richmond and City Council colleague Tammy Schmidt as well as Richard Tetrault, who serves on the Le Roy Village Board.

Previously: City manager recommends HUNT engineering firm to oversee $1 million City Centre/Mall project

A lifelong City of Batavia resident who says he only wants the best for the community is ready to fill the vacant seat on City Council.

“I am looking forward to this because I love the city,” Rich Richmond said this morning when asked about his selection by the City Republican Committee to replace Council member-at-large Jeremy Karas, who resigned at the end of January. “We’ve got good people living here.”

Richmond, 66, (photo at right), reported that he is expected to be appointed prior to Monday’s City Council Conference Meeting at 7 p.m. at the City Hall Council Board Room.

If that does happen, he would serve until an election in November and, if he wins in November, would serve out the remaining time in that term.

The City GOP chair, Richmond said a Republican committee of 24 people met earlier this week at the Old County Courthouse to interview three candidates and vote on Karas’ replacement.

“I recused myself from running that meeting,” he said. “The three of us were there to answer as many questions as the committee had.”

With his selection, Richmond said he would give up his position on the Genesee County Planning Board (he’s been a member of that committee for four years), but would continue on as City Republican chair.

“My experience on the planning board will be a plus, having dealt with zoning issues and related items, but I’ve got a lot of catching up to do regarding city codes,” he said “I am also familiar with budgets as a member of the Godfrey’s Pond board of directors.”

About eight years ago, Richmond ran for a Ward seat on City Council but lost by 11 votes.

With a couple of 50-plus degree, rainy days forecasted for Wednesday and Thursday, most of the snow that has accumulated as a result of a couple of nasty winter storms earlier this month likely will be washed away.

While it may serve as a welcome break from plowing and shoveling, there’s bound to be more snowfall (and the dilemma it creates) in the coming weeks.

Coming into last night’s City Council meeting, Council member Robert Bialkowski said he had received complaints about piles of snow and ice on city streets and he requested that “snow removal and sidewalk plowing” be put on the agenda.

Bialkowski’s key points -- no plowing of snow onto the street or sidewalks and no parking of cars on sidewalks – triggered a 20-minute discussion that focused upon the responsibilities of residents, independent plowing services and business owners to clear snow in a legal and proper manner.

Armed with a few photographs of problem areas, Bialkowski said he wasn’t blaming city workers for not doing their jobs, but mentioned that it was time “to re-educate some people in the community (as) they don’t seem to get it.”

PICTURES TELL THE STORY

He said the pictures showed snow from a driveway on Union Street plowed about seven feet into the street and about four feet high, causing motorists to have to swerve to avoid hitting it.

Another photo showed snow from a West Main Street business plowed onto the sidewalk “and now that’s a big block of ice about six foot high,” Bialkowski said, adding that this and similar situations led to complaints from mail carriers.

Bialkowski also mentioned buildup of ice on sidewalks, some of it resulting from city sidewalk plows.

Council President Eugene Jankowski Jr. asked Maintenance Supervisor Ray Tourt about the condition of the sidewalk plows, with Tourt responding that they are 19, 39 and 43 years old and are susceptible to breaking down.

When Bialkowski suggested forming a citizen committee to look at the issue, Jankowski quickly said, “I was following you until you said committee and then I was, like, do we really need to make it that complicated?”

Then Bialkowski mentioned distributing a pre-printed handout for residents, informing them of their responsibilities when it comes to snow removal.

CITY MANAGER WEIGHS IN

City Manager Rachael Tabelski said a police officer sent to the scene where the snow was piled in the road determined that it wasn’t a hazard … “so I have to go with their judgment that it was not a hazard.”

“I think there’s a lot of snow this year compared to the last few years, and there’s a lot of clearing of sidewalks and roads and driveways that needs to be done,” she said. “And a lot of times neighbors have figured out where they’re going to place their snow and other times, people just move in and don’t really know where to place the snow and how to do it.”

She then thanked the Department of Works crew “for the tremendous job they’ve done,” adding that they haven’t stopped working since the beginning of January when “all of this snow came down.”

DPW workers are continuing the snow removal process this week, concentrating on some of the narrower streets, Tourt said.

Tabelski said residents are responsible for clearing in front of their house and, in many cases, the sidewalk plow operator will come through afterwards, leaving tracks from the machine in the snow.

“We do have an ordinance and we do ask residents to take care of their snow removal,” she said. “I know some residents can’t get to it – they may be elderly or disabled – but you plan for it, just like you plan your garbage service or your cable. You plan to get Johnny down the street to come for 20 dollars when it snows over a few inches, and do that for you.”

MESSAGE TO INDEPENDENT PLOWS

Jankowski said it is up to independent and commercial plow services to make sure the snow is moved so that it doesn’t cause further problems.

“We shouldn’t have to be in the awkward position of having to chase them down and make them come back and move it,” he said.

Bialkowski said he thinks many people “just expect the city to do everything and they don’t even shovel a path to their house for the mailman.”

“They have to get away from the computer for a while, go outside and get some fresh air.”

Council member Patti Pacino asked if residents could be informed of what snow services the city provides.

Tourt said the priority route is the main arterials – Main and Oak Streets – and priority school (walking) routes, which have been designated by the school district.

“We hit those first,” he said. “If we still need to go ahead and do sidewalks, we have two distinct routes – one for the northside and one for the southside. And we start working our way through the city.”

Photo: City of Batavia worker plowing the sidewalk along East Main Street. Photo by Howard Owens.

The Batavia City Council is throwing its support behind an Oneida County-initiated pitch to Gov. Kathy Hochul to provide state funding for “necessary repairs and enhancements” to municipally-owned baseball stadiums across New York State.

Council President Eugene Jankowski Jr., at tonight’s Business Meeting at the City Hall Council Board Room, asked for – and received – authorization from his colleagues to put his name on a letter written by Oneida County Executive Anthony J. Picente Jr. and Perfect Game Collegiate Baseball League President Robert F. Julian, asking Hochul to set aside $250 million in her state budget for improvements at these facilities, which include Dwyer Stadium in Batavia.

Dated Jan. 27, the letter is in response to state lawmakers’ consideration of appropriating $1 billion in taxpayer money to build a new stadium for the Buffalo Bills and proposing more than $100 million for Lake Placid to host the World University Games.

“… we believe there should be equity for other communities that are owners of municipal baseball stadiums throughout the state,” the letter reads. “These stadiums have a rich history and are part of the fabric of our communities. While they are not profit centers, they are a critical part of the public infrastructure providing recreational opportunities and civic engagement that enhances the quality of life in our communities.”

The letter also touches upon Major League Baseball’s “sudden abandonment” of minor league affiliates in 2020 that negatively affected operations in small cities and towns.

“New York has a proud history as a home to amateur and professional baseball, and that has continued as the PGCBL and other Independent leagues have quickly stepped up to fill the void left behind,” it reads. “However, we need assistance to make the transition into this new paradigm.”

Dwyer Stadium continues to be the home of the Batavia Muckdogs, a summertime club that is part of the PGCBL. Muckdogs’ owner Robbie Nichols also has signed the letter.

Other signatures are from representatives of the communities of Auburn, Boonville, Altamont, Amsterdam, Elmira, Geneva, Glens Falls, Jamestown, Little Falls, Niagara Falls, Newark, Oneonta, Saugerties, Utica and Watertown.

Picente and Julian wrote that the level of funding being requested “would provide adequate funds to allow for each of our communities to invest in necessary repairs and enhancements to protect and stabilize these stadiums.”

They also indicated they are reaching out to the Baseball Hall of Fame in Cooperstown, “seeking a partnership to bring to life their vast offerings in our facilities throughout the state.”

The letter also will be sent to state Senate and Assembly Majority and Minority leaders and State Budget Director Robert Mujica.

Council member Paul Viele, apparently thinking about the Batavia Ice Arena, asked if the letter could be modified to include arenas, but Jankowski said that it was focused on stadiums.

In other developments, Council approved the following resolutions:

• Scheduling of a public hearing for 7 p.m. Feb. 28 on the city’s 2022-23 budget, water rates, meter fees and capital improvement fees. The $17.7 million spending plan calls for a tax levy of $5,986,000 – up $121,403 from 2021-22. The property tax rate, however, would decrease by 78 cents to $8.94 per $1,000 of assessed value. Water rates, meter fees and capital improvement fees are set to increase by 1.5 percent from last year’s rates.

• Re-naming the Batavia Ice Arena on Evans Street to the David M. McCarthy Memorial Ice Arena as a result of a contract with Pellegrino Auto Sales and the David M. McCarthy Memorial Foundation that would pay the city $3,100 annually for 10 years. Council member Robert Bialkowski applauded the decision. “I really appreciate the citizens coming forward and doing this. I think it’s a good move forward,” he said.

Previously: Council sends favorable signals to Batavia duo seeking to acquire ice arena naming rights

Press release:

If you are someone who is civic-minded, independent, ambitious, enjoys exploring creative solutions to problems, and wants to make an impact in your community, we want to talk to you about running for local office.

If you are interested in getting involved politically in any capacity, please reach out to us at geneseenydemocrats@gmail.com or www.geneseedemocrats.net

The following local elected offices will be voted on in November 2022. 

• City Council at Large

• City Council 6th Ward Representative

Press release:

Regarding the upcoming vacant position of Council at large representative on City Council, City of Batavia Republican Committee Chairman Richard Richmond invites qualified individuals seeking to serve in this role to submit a letter of interest to him by February 17, 2022 

Mail Letters of interest to:

City of Batavia Republican Committee
PO Box 260
Batavia, NY 14021

To be qualified for the position, the prospective representative must be a resident of the City of Batavia and a member of the same political party as the representative who most recently served in the seat—in this case, a Republican.  These are requirements of Section 3-3 of the City Charter. ( Officially resigning, and his last day February 12, 2022, Jeremy Karas was a registered Republican; therefore, his replacement must also be a registered Republican).

The City Republican Committee expects to recommend an individual to the City Council, which has the appointment power to fill the vacancy temporarily.  The Council appointment will run through the calendar year 2022.  At the general election in 2022, there will be a special election to fill the remaining  3-years of the regular four-year term of office for the mentioned position.

 

Updated, 1/27, 4 p.m. with Karas and Richmond comments:

---------------

Jeremy Karas has confirmed that he is stepping down as a member of the Batavia City Council.

Council's Feb. 12 meeting will be the final one for Karas, who was elected last November to begin a second two-year term as Council member-At-Large.

Karas (photo at right) is an Elba native who is employed as service manager for Temp-Press

He told The Batavian this afternoon that his work responsibilities have increased significantly in recent months.

"Like I told Gino (Council President Eugene Jankowski Jr.) and (City Manager) Rachael (Tabelski), the last three meetings I was unable to make because I was out of town or still at a job site late at night," he said. "So, I just had to make that decision. It's the City of Batavia and the people deserve somebody who's going to be there -- although I had really hoped that I could have."

Karas said the COVID-19 pandemic actually has resulted in more business at Temp-Press, a company that deals with process control and instrumention wilth roughly 120 municipal and private business customers.

"With shortages and other things, they're relying on outside contractors like us more and more," he said. "Usually, this time of year is the slow time, but it just hasn't backed off one bit. I could be down in Erie, Pa., tomorrow and the next day over in Saratoga County.

He also said he wants to be able to spend more time with his family, which includes two boys, ages 14 and 12, who are involved in sports at Notre Dame.

In September 2019, Karas was appointed by the City Republican Committee to fill the seat vacated by Adam Tabelski.

The seat became available when Tabelski resigned due to the hiring of his wife, Rachael, as the city’s assistant manager. Rachael Tabelski now is the city manager.

Karas said he believes the city is heading in the right direction thanks to "good management and good support" from its employees.

"Council is in great shape, too, as far as I'm concerned. Everybody works together very well," he said."They all bring different things to the table, different types of experience and I am very proud to have served with that group. And hopefully, maybe 10 to 15 years down the road if things slow down, I might be able to get back in."

City Republican Chair Richard Richmond issued the following statement:

"Jeremy has been a good asset to the City of Batavia Republican Committee. I've worked with him over the years. He's reliable. I understand his work problem these days with COVID. But when he was on Council, he was quiet. He listened. He was studious. So, we're sorry to lose him

"The next thing is that we're going to be looking for somebody to replace him, and I will have a press release coming out soon. We're inviting people to be interviewed for the job."

The City of Batavia may have to get its ducks in a row after the City Council president on Monday night expressed his view that farm animals living in the community apparently have gotten his goat.

Eugene Jankowski Jr. said he was compelled “to start a conversation” over the fact that he has received a couple complaints from residents about neighbors who are keeping animals such as goats on their properties – resulting in excessive noise, excrement and other byproducts of such species.

“What we’ve had in the last year – we’ve had a couple of interesting cases where people had multiple goats on their property and it kind of disrupted the neighborhood,” Jankowski said. “I don’t know what we can do, if anything? I don’t know what the public input is on this, but I wanted to start the conversation and at least have some direction from Council …”

Jankowski suggested looking at what other municipalities are doing in similar cases, adding that maybe the city can act to limit the number of non-traditional pets and possibly to install some enforcement measures.

“When you have multiple goats in the backyard and they’re kind of loud and they scream and make weird noises, and they also leave a lot of dung laying around. Maybe we should have some oversight on it,” he added. “It’s not something you’d really expect to see in the city … (where) a person has to wake up with a goat screaming right outside their bedroom window at 5 in the morning.”

Terming it a “low priority” at this point, Jankowski asked for input from his colleagues.

Patti Pacino spoke up, stating, “If it’s disturbing someone, I think we need to look into it.”

Robert Bialkowski said he dealt with this issue in the past and noted that code enforcement officers treat farm animals differently than pets.

“If you have a lamb and it’s a pet and it’s named as a pet, there’s nothing they can do about it,” he said.

Bialkowski said in his case it was St. Bernard dogs “which probably leave as much waste as a small goat, and we couldn’t use our backyard in the summer because the flies were so bad; they didn’t clean up after themselves.”

He said he turned it over to the county Health Department and it was resolved quickly.

Jankowski said they he did try to resolve it but found it was a “gray area.”

“It wasn’t the same as a dog or a cat … and again I don’t want to prevent people from,” he said. “If they have a horse and that’s their means of transportation, where some communities do that … I wouldn’t want to prevent someone from living in the city and not having their transportation.”

The council president said he was referring more to goats, geese, ducks and even roosters who count themselves as city dwellers.

“I was told that Rochester has certain regulations on chickens,” he said. “Nothing like if you’re working the midnight shift and you just put your head to the pillow and you hear a rooster out your bedroom window. It kind of makes you angry.”

City Manager Rachael Tabelski, responding to Jankowski’s request to “find out what our options are,” asked what direction she should take.

“Are you directing me to look into all types of animals on city property or specifically goats, or cloven hoofed animals which would be considered sheep, goats, horse and cattle?” she asked.

Jankowski said he was thinking about animals normally considered to be raised on a farm, which produce food and eggs. He said he wanted to make sure the animals were treated humanely and safely, and were located in an area where they didn’t disturb the neighbors.

Again, he suggested finding out what other communities do and to get public input on the matter.

At that point, John Canale, speaking remotely, said he wished to stay “fairly neutral” since he is dealing with the same problem in his neighborhood.

“I, too, have received complaints about it and I am very apprehensive about making a move in any way because I get along with all my neighbors tremendously well and I certainly don’t want to put myself in a situation where I upset some neighbors and don’t upset other neighbors.”

Canale said if it came down to involving his neighbors that he would recuse himself from the fray, but agreed that Council should look into it.

“Totally understand,” Jankowski replied. “And one of the complaints I received was your neighborhood.”

Concluding the nine-minute discussion, Jankowski called for a “fact-finding thing” and report back in February or March.

Calling it a significant event in his lifetime, Batavia businessman Guy Pellegrino walked away from tonight’s City Council Conference Meeting with a good feeling that the Batavia Ice Arena soon will be named in honor of the late David McCarthy.

Pellegrino, owner of Pellegrino Auto Sales on Pearl Street Road, and Brian McCarthy, president of the David M. McCarthy Memorial Foundation, spoke to city lawmakers at the City Hall Council Board Room to let them know how much it would mean to them for Council to vote in favor of accepting their offer to purchase the naming rights of the Evans Street facility.

City management put out a Request for Proposal back in October and apparently has drafted a contract that stipulates annual payments of $3,100 from Pellegrino Auto Sales over a 10-year period for the privilege to rename the rink The David McCarthy Memorial Ice Arena.

“You couldn’t find a better person to have their name on that building,” Pellegrino said. “This is one of the most special things I have ever embarked upon.”

Pellegrino said he and David played hockey together from 1983 through the Batavia High Ice Devils’ run to the New York State finals in 1995.

“He was our team captain and was just one of my great, great friends,” he said. “But back to the naming rights and making sure David's name is on there. He was just very passionate, just a great, great hockey player and even greater person. So, to honor him -- that's honestly what we set out to do.”

David McCarthy was killed tragically in a motor vehicle accident in November 2006 at the age of 29. Shortly thereafter, his family and friends started the foundation in his name to support local youth sports.

His brother, Brian, said he appreciates Pellegrino’s generosity and will work closely with him to advance youth hockey and enhance what the arena has to offer for children and adults, alike.

“Guy came to us and said when this proposal (from the city) came out that he wanted to do this – not necessarily for his business, but in honor of his teammate and my brother, David McCarthy,” Brian said to the City Council members.

“Our family was just blown away that he wanted to do this. We thought, well, what can we do? So, what we bring to the table is … a charitable foundation that is passionate about improving and supporting youth athletics in Genesee County.”

McCarthy said the foundation has supported “a long and diverse list of organizations” over the past 15 years. The foundation has donated around $80,000 to youth sports during that time.

With help from his father, Michael, and other family and friends, McCarthy said the foundation is in a position to help sports groups get started or move to the next level.

“As Guy and I talked about it a few weeks ago, I have the fun job of often times getting back to these organizations, reporting to them that we're going to step in and help,” he said.

“We have a huge golf tournament every June where we raise money to support youth athletics and it's become a very big event, and the community has just been amazing in supporting us,” he mentioned. “So, we're excited to take kind of that recipe and join forces with the people that have been working hard for years to make the ice rink an amazing place, and maybe even add a little more to the equation.”

Both men said they are hopeful that their offer will be accepted when Council votes at its next Business Meeting on Feb. 14.

Judging by some of the Council members’ initial reactions, they have reason to be optimistic.

Patti Pacino said she has an 8-year-old and 4-year-old (grandchildren) that use the rink and said, “I couldn’t agree more” with their bid to win the naming rights.

Council President Eugene Jankowski Jr. thanked both of them for “thinking about the long term” status of the rink and fostering public partnership; Tammy Schmidt noted that her son “grew up at the rink and now her grandson” and Robert Bialkowski said he was glad that somebody from Batavia responded to the RFP.

Bialkowski asked what would happen if the city leases the rink to a different management firm that wanted to change the facility's name. City Attorney George Van Nest said there is an opt-out clause and that would be addressed at that time.

For now, both Pellegrino and Brian McCarthy are spending their free time as coaches – teaching the basics of hockey to their young children.

“We’re coaching together at the beginner level. Yeah, the smallest kids on the ice – 4 and 5 years old; as little as they get,” McCarthy offered. “The two of us have a long extension to our own hockey adventure ahead of us with our sons.”

Photo: Guy Pellegrino, left, and Brian McCarthy address City Council tonight about their offer to have the Batavia Ice Arena named in memory of Brian's brother, David. Photo by Mike Pettinella.

Previously: City drafts resolution to name ice arena in memory of standout Batavia athlete David McCarthy

With the approval of City Council, a Batavia-based charitable organization that has done so much for youth sports in Genesee County over the past 14 years will be honored by having its name attached to the city-owned ice arena on Evans Street.

Assistant City Manager Jill Wiedrick, in a memo dated Jan. 24 to City Council, stated that Pellegrino Auto Sales and the David M. McCarthy Memorial Foundation have submitted the most competitive bid -- $3,100 annually for 10 years – to purchase the naming rights for the Batavia Ice Arena.

In October 2021, city management put out a Request for Proposal, seeking “a forward-thinking community leader” (business or organization) to present a proposal indicating at least a five-year commitment. According to the RFP, proceeds from the naming rights will be used to make improvements to the arena.

A draft of a resolution to formally accept the Pellegrino/McCarthy Foundation offer is on the agenda of Monday night’s City Council Conference Meeting at 7 o’clock at the City Hall Council Board Room.

The resolution stipulates that the facility will be renamed The David McCarthy Memorial Ice Arena during the 10-year term of a formal naming rights agreement and any renewals thereafter.

In her memo, Wiedrick wrote that the agreement grants the prospective sponsors the following rights:

• Erect signage on the ice arena’s façade;
• Place one sign (painted) on an interior wall for Pellegrino Auto Sales;
• Hold two events for up to two hours each at the arena annually;
• Inclusion in all promotional material and other media (press releases, etc.) in cooperation with the city and Firland Management, the company that oversees operations for the city.

It goes on to note that the sponsors will pay for the installation and removal of the façade sign and major maintenance of the sign, and that Pellegrino Auto Sales, located at 4060 Pearl St. Rd., will pay for the painting and removal of the interior wall signage and the sign’s maintenance.

The rink formerly was known as the Falleti Ice Arena for many years.

The David M. McCarthy Memorial Foundation was formed in 2007 in honor of David McCarthy, who died in a motor vehicle accident in November 2006 at the age of 29.  He was a 1995 graduate of Batavia High School, where he excelled in baseball and hockey.

Since then, the foundation has donated more than $70,000 to numerous youth athletics’ organizations and individuals – including Batavia/Notre Dame hockey, Batavia Minor League Baseball, Le Roy Youth Softball and, last summer, to Batavia wrestler Casper Stewart, who competed in the USA Wrestling Nationals in Fargo, N.D.

It also sponsors the annual David McCarthy Memorial Christmas Hockey Tournament at the Batavia Ice Arena.

Fundraisers throughout the year, primarily a golf tournament at Batavia Country Club and bowling tournament at Mancuso Bowling Center, sustain the foundation, which is led by David McCarthy’s brother, Brian, president; father, Michael, treasurer; and Matthew Meyer, vice president.

Barring any changes made during the budget workshop process, the City of Batavia’s property tax rate for the 2022-23 fiscal year will be $8.94 per $1,000 of assessed value – a decrease of 78 cents from last year’s rate.

City Manager Rachael Tabelski shared details of the municipality’s $17.7 million budget at Monday night’s City Council Business Meeting at City Hall Council Board Room.

Putting the tax rate into perspective, Tabelski said that 5,700 properties in the city support the city’s General Fund operating budget.

"The property taxes they pay make up 34 percent of our total budget revenue," she said. "And the typical tax bill for a resident that owns a house assessed at $100,000 will be $894 under this proposed manager’s budget. The county tax for that same home is $916 and the school tax (is) $2,057."

The proposed General Fund lists a tax levy increase of $121,403, Tabelski said, noting that plans call for reinstatement of service, personnel and equipment purchase. Additionally, the water and sewer funds are stable, and improvements in infrastructure are on the table.

Tabelski highlighted the amount invested into the city in recent years, stating that $132 million in public and private investments are changing the landscape of Batavia.

“Batavia is going to continue to fly back from its rust belt city status, embrace its vibrant roots, double down on the investment and continue to focus on economic growth and neighborhood revitalization,” she said, referring to the impact of the $10 million Downtown Revitalization Initiative award the city received and other large-scale corporate projects.

Her presentation indicated that $96 million already has been invested, $36 million more is in the works and another $42 million is planned.

Last year presented a “dismal revenue picture,” Tabelski said, but things “look much better” for 2022-23.

She said that 41 percent of the budget revenue is from sales tax (budgeting for $6.8 million in sales tax), while property taxes will bring in around $6 million. State aid is pegged at $1.75 million.

“Real property tax is the most stable revenue supporting the General Fund budget,” she noted.

The city manager also mentioned increases in assessed value, stating that the city’s assessed value of property has grown by about 26 percent over the past eight years compared to a 49 percent increase in assessed value in the Town of Batavia.

“A major way of creating additional revenue is to improve the overall value of our commercial and residential properties,” she said. “That’s through investment and new builds, and for continuing the strategy with the Brownfield Opportunity Area and the DRI.”

Tabelski said that about a quarter of the city’s property is not taxable – and that amounts to around $220 million.

The General Fund budget also will be supported by $275,000 in appropriated fund balance, $275,000 in water fund transfer and $130,000 in (one-time) retirement reserves, she said.

“(The year) 2021 has been another unprecedented year,” she said. “However, the city saw revenues rebound with full payments on state aid that helped us avoid layoffs and unfreeze positions throughout the year.

“The difficulty we still face is prices of commodities, hiring and retaining great workers, as this continues to be difficult,” she said. “Overall, the budget you have before you provides more resources to the departments, adds in services that were previously cut or underfunded and strives to meet the needs of the residents of the city of Batavia.”

City Manager Rachael Tabelski solicited some laughter during Monday night’s City Council Conference Meeting while proposing to end a $40 per month, 56-year-old right-of-way lease with owners of the Pok-A-Dot Restaurant at 229 Ellicott St.

Tabelski said she believed it’s time for the city to terminate the lease (and City Attorney George Van Nest agreed) that was created after it was found that part of the building was on the city’s right-of-way.

At that time – the year was 1965 – it was agreed that Pok-A-Dot owners Philip Pastore Jr. and Joseph Marone would pay the city $40 per month.

“We’ve never changed the terms and conditions of the lease – and they’ve always paid,” Tabelski said, “and they’ve always provided great beef on Weck and French fries.”

In 2020, the restaurant’s current owners, Pastore’s wife, Leona, and daughter, Phyllis Pastore-Beers, expanded the business to accommodate COVID-19 distancing protocol and food pick-up options. In the process, they obtained a New York State Department of Transportation permit to complete the work because it is located in a U.S. right-of-way for missile transport.

Interestingly enough, the DOT permit carries a fee of $460 per year – slightly less than the fee of the Pok-A-Dot’s lease with the city. As a result, Pok-A-Dot owners are requesting an end to the city lease, Tabelski said.

City Council members agreed to move the proposal to its Jan. 10 Business Meeting for discussion and a possible vote.

Three other Conference Meeting resolutions were forwarded to last night’s Business Meeting and all were approved:

• A 15-month contract, effective immediately, with AMREX of Binghamton to supply the Water Treatment Plant with sodium hypochlorite at an inflation-induced cost of $1.45 per gallon.

Calling it a “weird and wild ride procuring resources,” Tabelski said that was the lowest of seven bids received for the chemical, which is used for disinfection of the public water supply. She added that other municipalities are having similar supply issues.

Previously, the city paid 86 cents a gallon for the chemical, she said.

• An emergency purchase of 400 pounds of refrigerant for a compressor at the Batavia Ice Arena on Evans Street at a cost of $19,800. The funds will be taken from the facility’s reserves, dropping the available amount to $371,000.

Tabelski said she approved the purchase after Carrier personnel replaced the compressor and discovered and repaired a couple leaks in the refrigerant system. Consequently, the system is low on R-22 refrigerant and could be in danger of malfunctioning.

• The reappointment of realtor Bernadette Penfield to the Board of Assessment Review through Sept. 30, 2026.

Council also forwarded a resolution to the Jan. 10 Business Meeting to accept a $28,681 grant from Genesee County STOP-DWI to provide specialized patrols targeting drug and alcohol impaired driving, and the purchase of RADAR units, training of a Drug Recognition Expert and associated expenses.

File photo of the Pok-A-Dot by Howard Owens.

It looks as though, by default, the City of Batavia is welcoming the opportunity to host retail dispensaries and on-site consumption places as permitted by the New York Marijuana Regulation & Taxation Act.

City Council President Eugene Jankowski Jr., speaking at tonight’s Conference Meeting at City Hall Council Board Room, said that since the municipality “has no control over it,” then it would be prudent to opt in and “get the money (that cannabis sales would produce).”

The topic was brought up by city resident John Roach, who correctly noted that if a community doesn’t do anything (as far as a formal resolution), “you’re automatically in.”

State officials are requiring municipalities to state their intentions by Dec. 31. Towns, cities and villages that opt out are able to opt in at a later date, but those that opt in, can never opt out.

Jankowski and Council member Robert Bialkowski both said they have received “positive comments” about opting in. The former said that “people are advising me to get the tax money” and the latter stated that some people -- including adults -- enjoy using marijuana.

Questioned further following the meeting, Jankowski said his understanding was that there were two choices: “Do nothing and automatically opt in after December 31^st or do the resolution and opt out, and then I think there was recourse for the public to opt back in …”

The MRTA does stipulate that if a community opts out, residents could call for a public referendum to reverse that decision.

While many legislative bodies in cities, towns and villages across the state have discussed the matter in an open forum and drafted resolutions – or are in the process of doing so, City Council wasn’t one of them. Jankowski said none of his colleagues indicated a desire to bring the subject to a vote.

“Any council member could have easily brought it up and put it on the agenda but it just never came to the front because of a complaint by a citizen that adamant about wanting Council to do something about it,” he said. “The bottom line is I usually put my personal opinion to the side and I listen to the people I represent. And nobody from the city contacted me and was really passionate about it or concerned about opting out.”

Jankowski said he talked to many people over the past several months "and they basically told me they weren’t really happy about the way the state did it, but they understand the wisdom of getting any money from taxes."

"But we’re not even sure if anybody’s going to even open a business in the city," he added.

What's Up with the WWTP?

Roach also asked about the status of the City Waste Water Treatment Plant and the dispute with O-At-Ka Milk Products over the milk processing plant’s discharge into the ponds that exceeded legal limits.

City Attorney George Van Nest, offering no specifics, said engineers working with the city and New York State Department of Environmental Conservation officials are monitoring the recovery of the ponds with the goal of obtaining maximum efficiency.

In other developments, City Manager Rachael Tabelski reported:

• The city will recognize Gov. Kathy Hochul’s mask mandate “instead of checking vaccination status at the door.” The mandate runs through Jan. 15, 2022. “We’re awaiting the executive order to make it official,” she said.

• That 90 percent of the city’s National Grid customers now have power following Saturday’s major wind storm. She said that residents may place downed tree limbs next to the curb for pickup by Department of Public Works crews this week.

• The possibility of planting trees to replace those that have come down due to storms and other reasons. Jankowski noted that the city hasn’t planted trees in a long time and suggested planting some each year over a five-year period. Tabelski said that wouldn’t be possible with money from the general fund without raising property taxes. She did say that donations from businesses or residents are welcome.

• Two bids from contractors seeking to handle the Jackson Square renovation – one of the city’s Downtown Revitalization Initiative projects – came in “double the price that was anticipated.” Tabelski said she was hoping for a cost of around $650,000, but the submitted bids were for more than $1 million. She said the project will be re-bid and, as a result, the start of construction will be pushed back until August 2022.

• The city has hired Angie Dickson, a Corfu resident, as confidential secretary. The position had been vacant for several weeks after Lisa Casey left to become clerk of the Genesee County Legislature. Two DPW jobs are open – heavy equipment operator and laborer.

Tammy Schmidt received an enthusiastic endorsement from her predecessor tonight as she was sworn in as the Batavia City Council's Sixth Ward representative.

"I'm here on behalf of Tammy Schmidt, who will do an outstanding job for the Sixth Ward," said Rose Mary Christian, who stepped down last month after nearly 30 years as a city lawmaker. "She's articulate ... and certainly knows lthe budget process (as Schmidt works in the financial management field). I want to thank her for taking my position."

The appointment of Schmidt through the end of next year was reported first on The Batavian.

Photo: City Clerk/Treasurer Heidi Parker, right, swears in Tammy Schmidt as Rose Mary Christian and City Republican Committee Chair Rich Richmond look on. Schmidt was unanimously approved by City Council prior to the board's Conference and Business Meetings. Photo by Mike Pettinella.

Previously: Batavia City Council set to vote on appointment of Republican Tammy Schmidt as Sixth Ward representative

Updated, Nov. 11, 10 a.m. with comments from Schmidt:

The City of Batavia has drafted a resolution appointing Tammy Schmidt as city council’s new Sixth Ward representative, replacing Rose Mary Christian, who resigned on Nov. 15.

The matter is the only item on the agenda of a Special Business Meeting scheduled for 7 p.m. Monday, prior to the governing body’s Conference Meeting and Regular Business Meeting at the City Hall Council Board Room.

According to the resolution, Section 3.3 of the City Charter provides that when a position of Council Member becomes vacant, pending the election and qualification of a Council Member to fill the vacancy, the council shall fill the vacancy temporarily by appointment of a qualified person, who shall be the same political affiliation as the Council Member whose place has become vacant.

Schmidt is a Republican, as is Christian, who switched from the Democratic Party sometime after she was elected to her eighth -- and final -- term.

When Christian announced her retirement, it triggered a back-and-forth among the City Republican and Democrat committees as well as current City Council President Eugene Jankowski Jr. and Batavia resident John Roach, who was part of the City Charter Commission.

Republicans contend that the Charter wording clearly indicates that a Republican should fill the seat, while Democrats were looking for a legal ruling in light of Christian changing affiliations. That, apparently, did not happen.

RICHMOND: CHARTER IS VERY CLEAR

City Republican Chair Rich Richmond today said the “Charter is very clear – the appointment will be made by the Republican Party; a Republican will take that position.”

Richmond said he is going with what the Charter actually states “and not on what if, or how come or whatever?”

He added that Democrats have made this a political issue.

“There is nothing political about it. When they did the Charter, it was a bipartisan commission, including Republicans, Democrats and Conservatives. Nobody had a problem with it until it has come up now,” he offered.

Schmidt, a lifelong Batavian who grew up as Tammy Trigilio, has been employed for the past seven years as the financial management assistant for Genesee Justice and the Child Advocacy Center.

Prior to that, she worked for Genesee County Mental Health and Genesee County Workforce Investment. She and her husband, Mark, live on Osterhout Avenue. They have a daughter and son-in-law, Kristina and Tony Ferrando, and two grandchildren.

Richmond said he is impressed with Schmidt's credentials.

"Tammy has an excellent resume and is very intelligent and well-informed," he said. "I'm sure she will do a great job."

SCHMIDT: IT'S IMPORTANT TO GET INVOLVED

Contacted Saturday morning, Schmidt said that she has been part of the political workings in the city for quite some time and is looking forward to applying her experience -- and her love for her hometown -- "to help make it grow and prosper and be a great place for our kids and grandkids to want to stick around."

She currently is the Republican Committee Sixth Ward chair and previously served in that capacity for the Fifth Ward. Both her and her husband have been on the committee for several years and she said she is committed to learning more about city government.

"We're invested in this community," she said, adding that they own three rental properties in the Sixth Ward. "I don't want to use the tagline that Batavia Downs (Gaming) uses when they say, Dine, Stay and Play, but we live, work and play in Batavia."

When asked about replacing Christian, who served for 29-plus years, Schmidt said she has "big shoes to fill."

"Actually, I have had several conversations with Rose Mary, and she was very generous in giving me her endorsement," she said."And I still told her I plan to pick her brain. You can't beat that type of experience.

"Rose Mary was very vocal and she advocated for people to speak their minds. To me, if you want to incoporate any change, you need to be active and involved. You can't just sit home. Things aren't going to happen that way."

Previously: Will it be a Republican or a Democrat stepping in to replace Christian as Sixth Ward representative?

Larry Friedman rattled off a few one-liners Monday night as he accepted a proclamation from the City of Batavia in recognition of his 40-year career with the Genesee County District Attorney’s Office.

“I've been in the DAs office so long that when I started Eugene Jankowski was a young patrolman, and we both had a full head of hair,” said the retiring county DA, looking at the City Council president who had just presented him with the certificate. “And (former sheriff) Gary Maha was the chief deputy in the sheriff's office.”

Maha was among those in the audience honoring both Friedman and Rose Mary Christian, who has retired after 29-plus years as a City Council member.

Friedman served as the DA for six consecutive four-year terms – all unopposed. He prosecuted 140 felony trials, including high profile cases in the city.

The proclamation stated:

“Larry’s acumen as a trial attorney helped bring about justice for countless crime victims and help to fortify the integrity of the DA office. Larry served the citizens of the City of Batavia and the residents of Genesee County with expertise and a commitment to improve the safety, healing and access to justice for all.

“Therefore, in true spirit of appreciation to 40 years of dedicated service to the City of Batavia and Genesee County, the City Council of the City of Batavia does hereby make this proclamation to sincerely thank Larry Friedman for his dedicated service to our community and to wish him well in his retirement.”

In his brief acceptance speech, Friedman noted his “great working relationship” with City Council, city management and City Attorney George Van Nest, and also with the Batavia Police Department’s Detective Bureau.

“As was mentioned, I prosecuted many felony cases arising out of the city of Batavia. And every time I've had one that went to trial, I knew I could look to members of the Batavia Police Department Detective Bureau to give me the assistance I needed in doing the things that need to be done right up until the time of and even during the trial,” he said.

Friedman said he was “grateful to my staff members” and joked, “I'm kind of sorry that they have nothing better to do on a Monday night -- as a number of people from my staff are here.”

He also drew a laugh when he mentioned that Christian told him that her grandson had just graduated from law school and is taking the New York bar exam in February.

“So, I gave her my card and wrote Kevin Finnell’s (his successor as DA, who also was in attendance) name on it … and told her to send his resume to Kevin because we’re always looking for good people.”

In closing, he thanked those who “are here to support me as opposed to just having the cookies and coffee (that were put out for the reception for Christian). I really do appreciate this.”

Photo: Larry Friedman and Eugene Jankowski Jr. at Monday night's City Council meeting. Photo by Mike Pettinella.

Press release from City of Batavia Democratic Committee:

We, the City of Batavia Democratic Committee, are disappointed with the City’s lack of leadership in this transition period of replacing prior City Councilperson Rose Mary Christian’s 6th Ward seat. Efforts by our Committee, as well as others, to contact the City Attorney - who is paid by our tax dollars - have resulted in being ignored on this matter, and the City Manager has not been direct, either.

We are disappointed in the City of Batavia Republican Committee for moving forward in this process without the City attorney being clear on the direction the Charter says. There is no time frame stated of when the Councilperon’s political party is checked in relation to this. A political party moving forward in a situation as gray as this one is atrocious to our system and an abuse of political power.

We urge the City attorney to do his job and take action to explain the legal interpretation of the Charter, and to provide a prior case of this situation occurring, as well as the precedent set by that instance. We want the Charter to be followed by all to ensure fairness rather than one political party choosing what happens. 

Press release:

The City of Batavia will hold a gathering for the Honorable Rose Mary Christian on Monday November 22, 2021 in the Council Chamber beginning at 5:30 P.M.  All citizens and well-wishers are invited to attend.  The gathering will be followed by a City Council meeting where proclamations will be presented to Councilwoman Christian honoring her for her years of service.  Light refreshments will be served. 

Councilwoman Christian announced her resignation from City Council on November 15, 2021.  She is resigning the seat because she is moving out of the sixth ward. 

“After serving the residents of the City of Batavia as the sixth Ward Council Member for over 29 years I cannot thank the residents enough for their support.  Their commitment to the City of Batavia and prosperity to the neighborhood has remained steadfast.  It is with a very heavy heart that I resign my seat, but I feel confident that I have worked each day to make the lives of residents in Batavia better.  I wish my fellow Council Members well in their pursuit of good government and improving Batavia,” said Christian, City of Batavia Councilwoman- sixth ward.  

Councilwoman Christian has served as the sixth ward representative since 1992.  She has always been accessible to her constituents and Batavia citizens citywide. 

“I wish Councilwoman Christian the very best in her retirement from City Council.  She has been a staunch advocate of neighborhood initiatives and bringing resources into the sixth ward.  On behalf of all of the City Council Members I wish her the very best in the coming years,” said Eugene Jankowski, City of Batavia, City Council President.

Council Member Christian is a true public servant, performing honorable advocacy for the residents and community of Batavia and those who live in her Ward,” said Genesee County Legislator Rochelle Stein.  I commend Rose Mary Christian on her 30 plus years of elections, hard-won city initiatives over the years, and compassion for her voters in this much-beloved City of Batavia.  Best wishes for a full, healthy, and fun retirement.  Her continuity of knowledge shall be missed, yet surely she will stay engaged on City issues.  Well Done Rose Mary Christian, Well Done.

“Rose Mary Christian has been a good neighbor and exemplary public servant throughout her nearly 30-year career. She’s been steadfastly dedicated to making Batavia the best place to live and work it can be. While I wish her well in the next chapter of her life and career, she will be sorely missed by those she represented, who will remember her as a fierce advocate for working Batavians,” said Assemblyman Steve Hawley. 

As one might expect, City Republicans and Democrats are at opposite ends of the spectrum when it comes to the section of the City of Batavia Charter that deals with the appointment of a City Council ward representative when a vacancy occurs.

Due to the pending resignation of longtime Sixth Ward Council member Rose Mary Christian, there will be an opening on the governing body. Christian is moving out of the southside district (sometime this week, she said) and no longer is eligible to serve in that capacity.

Before looking at the differing viewpoints, here is the wording of Chapter 3, Section 3 of the City Charter:

“Pending such election and qualification of a Council member to fill a vacancy, Council shall fill the vacancy temporarily by appointment of a qualified person who shall be of the same political affiliation as the Council member whose place has become vacant and, if he or she was a ward Council member, a resident of the same ward.”

The appointment of the next person to fill the Sixth Ward seat – at least until the next election – has become a sticking point due to the fact that Christian was a Democrat when last elected but switched to the Republican Party around a year and a half ago.

Richmond: Charter is Very Clear

City Republican Committee Chair Rich Richmond (photo at right) told The Batavian today that the matter is cut-and-dried: Christian’s successor should be a Republican.

“The charter is very clear,” he said. “It's very concise, and to the point … since she is a Republican, then the Republicans make the appointment. Furthermore, it’s a non-partisan issue, and some people are trying to make it one.”

When asked if his committee is moving toward finding a replacement, Richmond said a few people have expressed interest in the position.

“Yes, we are. And I might add that if she (Christian) were a Democrat, then the Democrat should make the appointment and I would accept that as a valid appointment,” he said.

Richmond’s comments echo those of City Council President Eugene Jankowski Jr., a Republican, who said the fact that Christian is a Republican now determines the path of the one to replace her.

DiSalvo: Time Frame Isn’t Specified

On the other side, Sammy DiSalvo (photo at left), a member of the City Democrat Committee, pointed out today that the Charter doesn’t specify what time frame it is referring to, “which leaves the interpretation up to whoever is reading it to add their own time frame.”

“This section of the Charter says nothing about when they were elected nor does it say anything about at the time the Councilperson left office,” DiSalvo added.

He took exception with Jankowski’s contention that the Charter is “pretty specific.”

“Jankowski's statement is largely inaccurate,” DiSalvo said. “There is no time frame specified. I find Jankowski speaking as if there is no debate about a time frame that is not listed in the Charter as disturbing -- that the President of Council would interject his own opinions rather than listen to those who wrote the Charter, and the lawyers who must interpret the Charter.”

Speaking of lawyers, City Attorney George Van Nest gave no response when asked by The Batavian about this situation prior to Monday night’s City Council meeting. An email seeking clarification was sent to him this afternoon as well. DiSalvo said that he placed a phone call to Van Nest last week, which went unreturned.

According to DiSalvo, wording and intent need to be considered – a point brought up in a memo from city resident John Roach to City Council. Roach was involved in the drafting of the Charter some time ago.

Rewriting of Charter May Be in Order

“Where wording is not explicitly clear, intent is the default by which we must abide,” DiSalvo said. “It is not up to the interpretation of elected officials, and it is not up to those who have political gain to make such a decision or to speak with such authority as if they are not to be questioned. For those with direct gain from this situation to make decisions about this situation is irresponsible and an abuse of our political system.”

DiSalvo said that regardless of the outcome, this part of the Charter “must be rewritten for clarification purposes.”

Erica O’Donnell, City Democratic Committee chair, said her group believes that a Democrat should be appointed since that was the party the voters of the Sixth Ward chose to represent them when Christian was first elected.

“We also are consulting with an attorney to help us interpret the charter,” she noted.

Reason for Changing Affiliations

Christian has said that she changed parties after not receiving the Democratic endorsement due to her right-to-life stance.

“That was her party for her whole life,” Richmond said. “For the nomination, they gave it to her and then they took it away. She went out and got her own signatures and got on the ballot.”

He said that Republicans didn’t always agree with her, but emphasized that “there is room in our party for differences of opinion.”

“It appears to me that they didn't give it to her because she has a heartfelt stance on abortion. I can very well understand why she switched.”

The City of Batavia is staying with Grove Roofing Services of Buffalo as it embarks on replacing the flat roof portions of its police station at 10 West Main St.

City Council, at Monday night’s Business Meeting at the City Hall Council Board Room, approved a resolution awarding a $102,890 contract to Grove Roofing and also to expend an additional $25,000 from the Facility Reserves fund as a contingency to the project, which is being managed by Architecture Unlimited of Clarence.

City Manager Rachael Tabelski reported that six bids were received, ranging from Grove’s price listed above to $190,000.

According to a memo from Maintenance Superintendent Ray Tourt updated on Nov. 2, Grove Roofing has successfully completed the City Centre Roof I project and is almost done with the City Centre Roof II project.

“We have generally been satisfied with their work and are confident they can perform the work on the PD Flat Roof Replacement,” Tourt wrote.

He advised that the existing roof sections over the 1960s addition and over the rear vestibule are in need of replacement at the current police station in the Brisbane Mansion (pictured above). His memo indicates that the roof is no longer waterproof and the insulation is saturated.

In other developments, Council:

• Approved an amended fee schedule to adequately compensate the city for the cost of inspection and processing of construction permits and related licenses. The changes will take effect on Jan. 1, 2022.

Assistant City Manager Jill Wiedrick, who coordinated the process, said the bulk of the changes focused on establishing flat fees to make these types of costs “more predictable.”

The fees cover construction, additions, alterations and renovations for both residential and commercial projects in areas such as roofing, window and door replacement, driveways and parking spaces, siding, fences, utility sheds, pools, central air conditioners, electric generators and heating systems.

Other covered areas are demolition, dumpsters, commercial and residential building permits, engineering cost recovery, certificate of occupancy/compliance, signs, zoning, land subdivision, a variety of plumbing fees and permits, and contractor licensing.

Council member Robert Bialkowski said the changes are necessary as an “equalization” measure and to bring the fees in line with the time spent by city staff. He added that the city’s new computer software will make the process more efficient.

All Council members except Rose Mary Christian voted in favor of the amendments. Christian reiterated what she had said at a previous meeting that now was not the time to put more financial burdens on residents.

• Approved resolutions that put the city in position to partner with Genesee County to apply for a Water Infrastructure Investment Act grant that would pay up to 40 percent of needed improvements at the Batavia Water Treatment Plant. The measures stipulate that the city would be the lead agency in the grant application process.

Tabelski said the grant would allow the city and county to apply for the full amount of the project, which actually is many projects rolled into one at an estimated cost of $3.4 million. If awarded, the grant would cover about $13.6 million of the total expense.

She also said the county will fund the WTP projects in cash on a quarterly reimbursement basis to the city per the municipalities’ 2019 Operation and Maintenance agreement. City staff currently operates and maintains the facility, while the county assumes responsibility for those costs.

• Heard that Tabelski will be getting together with a work group on Nov. 23 to go over submissions received in regard to naming rights of the Batavia Ice Arena on Evans Street. She said that she knows of at least one entity (business) that responded to the request for proposal. The timetable calls for a recommendation to be made to City Council in December or January.