city council

The City of Batavia’s police force needs to be at full strength because “it’s getting terrible out there,” a longtime civil servant said tonight at what looks as though will be her last meeting as a member of City Council.

Sixth Ward Council member Rose Mary Christian, when she heard that three officers have left the Batavia PD for policing jobs in other communities, asked City Manager Rachael Tabelski for the reasons surrounding their departure. Then, at the end several minutes of discussion, she encouraged city leaders to do what they could to hire and retain new recruits.

“I hope my colleagues will give a raise to hire more police … they do deserve it,” Christian said.

While providing Council with a list of updates from Batavia Ice Arena door replacements to the opening of bids for renovation of Jackson Squarer to software updates for utility and tax collection, Tabelski mentioned that the police department is close to evaluating Civil Service test results to hopefully fill the open spots.

(By the way, the city is looking to hire four firefighters as well, and in both instances, navigating through the Civil Service process.)

That touched a nerve with Christian, a staunch advocate for the police and fire departments.

When Christian asked why they left, Tabelski replied that is was for “multiple reasons,” including more money and benefits and the ability to be closer to their families. The city manager did note that Batavia police officers do not receive lifetime healthcare – something that was a benefit in years past.

Tabelski said that once Civil Service test scores are published, Police Chief Shawn Heubusch will be able to determine the number of qualified candidates.

Council member John Canale said he agreed with Christian, but suggested that the board work with Tabelski to look at the current pay and benefits package, and compare that to other similar size cities. He noted that metropolitan cities are a “completely different environment.”

Christian responded by saying that she believed “the majority of (criminals) are coming from Buffalo and Rochester” and blasted the current bail reform law as “ridiculous.”

Council President Eugene Jankowski Jr. asked if the city would be able to recoup any of the money it spent on the training, including enrollment in the police academy, for those who left the department.

Heubusch explained that if someone was hired as a lateral transfer that would apply and, in this case, one of the three fit into that category. He said he has made a request for reimbursement from the Town of Greece and is waiting for a response. The other two were hired off the Civil Service list, so there is no option for any return of city expenses.

Following the meeting, Heubusch said the Civil Service “bureaucracy” actually restricts the hiring of potentially successful officers. He said that of the about 120 who signed up for the most recent test, he’ll be fortunate to get one or two that complete the process of testing well, and passing the physical agility, psychological and other tests.

The chief mentioned that all police agencies across the state called for an overhaul of Civil Service during their work with community partners on former Gov. Andrew Cuomo’s NYS Police Reform and Reinvention Collaborative initiative.

Currently, the Batavia PD has 29 officers with the three vacancies and one position frozen as a result of negotiations with the union.

With Rose Mary Christian stepping down after a nearly 30-year career as a member of the Batavia City Council, the question becomes, “Who is going to replace her, even if it’s on a temporary basis?”

Speaking by telephone following tonight’s City Council Business Meeting, Council President Eugene Jankowski Jr. believes that Chapter 3, Section 3 of the City Charter is clear: Christian’s seat should be filled by a Republican who lives in the Sixth Ward (southeast portion of the city).

Batavia resident John Roach, however, in a memo dated Nov. 5 to City Clerk Heidi Parker – and obtained by The Batavian – said he believes that the person should be a registered Democrat. Roach was involved in the drafting of the City Charter several years ago.

A call to City Republican Party Chair Rick Richmond was not returned by the time of the posting of this story.

The reason for the difference in opinion is because Christian was a Democrat when elected to her most recent term and then changed her affiliation to a Republican.

For the record, the City Charter reads as follows:

“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.”

Jankowski emphasizes the part where it states “of the same political affiliation …” as the basis for his belief that a Republican is next in line.

“And that's pretty specific,” he said. “It tells me, what are you now and your seat just became vacant. It doesn't say what you were five years ago when you ran one time? It doesn't say anything like that. It doesn't say the party of which you are elected under. She has been a Republican for the majority of her recent term.”

Roach’s memo indicates that “the intent of the Charter was that the affiliation at the time of taking office should be the one to make the temporary appointment, and that would be the Democrat Party. Unless there is a NY State law that states differently, I think the intention of the voters two years ago should prevail.”

That’s just a citizen interpreting the Charter, Jankowski said, “but he (Roach) has no authority to interpret the charter to do anything about it.”

“He's just an outside observer who once worked on the commission that says he thinks this is what the intent was,” Jankowski added. “But that doesn't say that. Our marching orders are pretty specific. It says replace them from the party of which they were when they left. It's pretty specific. It doesn't talk about in the beginning of their term; it talks about what they are today when they resigned.”

Most likely, this issue will be the topic of debate in the near future as Christian said she hopes to relocate this week, making tonight’s meeting her last. City officials previously announced that a farewell party for her will take place from 5:15 to 7 p.m. Nov. 22 at the City Hall Council Board Room.

When it comes to Christian’s contributions to city government, Jankowski said he admired her tenacity despite not always seeing eye-to-eye on the issues.

“She'll be missed. I mean, she's a big advocate,” he said. “She's my ward councilperson … and she’ll be missed by the Sixth Ward. She's been a fighter for our ward for as long as I could remember.  And she's always done her best to represent the public and to, you know, do her best on Council. So, she'll be sorely missed.”

When asked if he was going to miss the times when they butted heads during the meetings, Jankowski said, “I will, because I like a spirited debate.”

“I think it's a good thing if people disagree and respectfully hash it out. I don't have a problem with that part of the process. I welcome that.”

Pressed about the fact that he has had to rebuke her at certain times, Jankowski said it was his job to keep the meeting moving in the right direction.

“Sometimes things get off track and you've got to bring it back. I understand and I respect her opinions, but if it’s not appropriate at the time, and if it's not on the agenda, I mean, we’ve got to move forward. We can only go so far. We've got to come back to the meeting.”

Photo: Rose Mary Christian, right, speaks with Assistant City Manager Jill Wiedrick, left, and Council member Kathleen Briggs prior to tonight's City Council Special Conference meeting. Photo by Mike Pettinella.

 

 

 

 

 

 

 

 

 

 

 

Batavia City Council-at-large incumbents Bob Bialkowski, Jeremy Karas and Eugene Jankowski Jr. celebrate their unofficial win Tuesday night at O'Lacy's in Batavia. Photo by Jim Burns

About 15 people sat chatting at Republican headquarters while repeatedly checking their phones and awaiting the final election results Tuesday night. Unofficial results were posted online a few minutes past 10:30 p.m., declaring the three incumbent councilmen-at-large the re-elected winners.

Eugene Jankowski Jr. was on top with 1,143 votes, Jeremy Karas received 1,118 and Bob Bialkowski had 1,032.

Pointing out that they were only unofficial results, Jankowski was cautiously happy.

“I’m really relieved right now. I’m pleased that what we’ve been doing on council has been approved by the people of Batavia,” he said at O’lacy’s, the designated spot for Republicans to gather. “It’s important as a council member to get that feedback. We’re on the right track. I work for everyone from Batavia, no matter what affiliation they are.”

The turnout was “disappointing,” Jankowski said, although incumbent Bob Bialkowski had a different view.

“I’m surprised; I think there was quite a healthy turnout,” he said. “The message is to keep up the hard work. I am very happy, I will be happy to serve another term. It was a lot of hard work and lot of campaigning.”

Having someone new run for the seat gave him pause for reflection, he said.

“It makes you sharpen your pencil a little bit,” he said.

Karas was equally in good spirits.

“I was very pleasantly surprised at the outcome,” Karas said, looking ahead to planning projects without a pandemic. “It’s going to be nice to get back to normal … we have a budget coming up and some other irons in the fire, and the new police station. I can’t wait to get out there and move forward on these things.”

Democrat Erica O’Donnell, a newcomer to the election, received 609 votes. She congratulated Jankowski, Karas and Bialkowski in her comments to the Batavian. She spoke by phone from her home, as the Democrats had no designated meeting place Tuesday night.

“I’m feeling all right,” she said. “I’m proud of the campaign we ran. It’s on to the next one.”

Jankowski said he would like feedback from residents about “various issues” and if they have questions or concerns.

He encourages city residents to call him at 585-343-3337.

Preliminary (unofficial) results per the Genesee County Board of Elections -- contested races:

Batavia City Council-At-Large  (Top three are elected)

Eugene A.Jankowski Jr., Republican - 1,143                

Jeremy W. Karas, Republican - 1,118            

F. Robert Bialkowski, Republican - 1,032                 

Erica B. O’Donnell. Democrat, Families of Batavia - 609                   

Bethany Town Justice  (Top two are elected)

Joseph Nowakowski, Republican, Legal Party - 248                  

Jeff Wolak, Republican  - 226              

Peggy Johnson, Justice - 106        

Nichole Szymkowiak, Justice -- 81           

Town of Bergen Town Council  (Top two are elected)

James S. Starowitz, Republican - 561               

Teresa F. Whalin, Republican  - 511 

Anne M. Sapienza, Democrat, Conservative, WOR - 232                     

Town of Byron Town Supervisor  (Top vote getter is elected)

Peter N. Yasses, Republican - 283                

Gerald L. Heins, Byron Ind. - 248                 

Le Roy Town Council   (Top two are elected)

David R. Paddock, Republican, Conservative -- 930                

Bill Fox, Conservative - 792       

Robert E. Fussell, Democrat - 528                 

Ronald B. Pangrazio, Republican -- 501   

Sarah Krzemien, Democrat - 329            

Le Roy Town Justice (Top vote getter is elected)

Tom Feeley (write-in, Republican) -- 700

Carol DiFrancisco, Democrat -- 638          

Town of Pembroke Town Council   (Top two are elected)

Edward G. Arnold Jr., Republican - 687             

K. Warren Clark, Republican - 588

Helen Trowbridge Hanes, Democrat, Independence - 247

Uncontested Genesee County vote totals:

County Judge & Surrogate -- Melissa Cianfrini -- 8,037

District Attorney -- Kevin Finnell -- 7,490

County Coroner -- Wade Schwab -- 7,076; John Peck -- 6,793

County Legislature -- 1st District Chad Klotzbach -- 630; 3rd, Gordon Dibble -- 1,266; 5th, Rochelle Stein, 1,262; 9th, Gary Maha, 412

CLICK HERE for complete Genesee County election results -- marked as unofficial. 

Erica O’Donnell is a newcomer to the race, but not to having particular goals for the city, she says. She has a vision for Batavia and how City Council can improve upon some of the many things she believes are going well right now. She is the lone Democrat seeking a council-at-large seat on the Republican-heavy council and thinks that her presence would add some fresh thinking to the nine-member group.

Erica and her husband Patrick purchased their home on Batavia’s southside in 2012, and soon after welcomed a dog named Gatsby, followed a few years later by a daughter Lila, 7, and a son Connor, 4.  Both children attend City Schools. She has been involved with the local Democratic Committee, helped out with her grandfather’s campaigns for Alabama Town Board and clerk, and Genesee County Legislature, and has since volunteered for and organized campaigns for races at every level of government. She served as secretary of the Genesee County Democratic Committee in 2016 and Second Vice Chair in 2017 and was elected Chair of the City of Batavia Democratic Committee in late 2017. 

Q: What do you feel is your responsibility as a council person-at-large?
A: In my mind, the biggest job, and definitely the main responsibility as a city council member, is to represent the city of Batavia You’re at large, so you represent the entire city, so it’s my responsibility to take the concerns, questions, desires, hopes, and dreams, all of that, of the residents of the city of Batavia to council and to city officials and try and execute that to the best of my ability.

Q: What’s going right in Batavia?
A: We’re definitely seeing great growth downtown, with new restaurants and businesses opening, it’s super exciting, just different activities for families and kids. I’m raising my two kids here, I think it’s a wonderful place to raise a family. We get a bad rap sometimes … that’s not been my experience at all. And we’re not perfect, certainly, there are challenges in the city, but the best way to remedy those is to get involved in and around your community. So I’ve seen great things growing for kids, for families to do something. Usually, when I wanted to do something with my kids you have to go to Buffalo or you have to go to Rochester, and now there are places to go and things to do almost every week in Batavia, and I think that’s awesome.

Q: What could use some improvement?

A: We can definitely do better with those things as well. I grew up in Alabama, and my husband grew up in Oakfield and works in Rochester, and we could have shortened his commute by quite a bit by living in Monroe County, but to be perfectly honest it was way more affordable to live in Batavia. The home that we bought on the south side would be triple what we paid for in Henrietta, Brighton, Penfield … it gives us a lot of freedom to be able to stay home with my kids. During COVID I was able to stay home with them. When you talk to people my age, they maybe don’t think of Batavia as a great place to purchase a home and raise a family, and I think just promoting what a great place this is, and geared toward families to come in. And restaurants and bars are great, but you can only do that so many times. I love going to Eli Fish and O’Lacy’s, but it’s probably not the best place for my 5- and 7-year-old.

Q: What would be your top priority for 2022 if elected?
A: I have a couple of pet projects and an overarching vision. My overarching vision is to bring a fresh perspective and new thinking to the council. I’ve been told many times ‘this is the way it’s always been done,’ and I think there are ways we can come to compromises, and things can be difficult and still be achievable. You might not get 100 percent of what you want all the time, but you can make progress, and you can try your very best, and get there little by little. A couple of my little pet things, parking in city lots and city streets overnight. Right now, if I were to go to one of our establishments downtown, have a couple of drinks, and decide, you know what? I need to take Uber home, I need to catch a ride with a friend, I need to walk and do the responsible thing and leave my car overnight with a parking ticket. Yeah, and that's one of those things that I think there could be a compromise.

Obviously, we need to remove snow. Well, is it possible that snow removal can happen on a Tuesday or Wednesday and then Thursday through Sunday it's ok to leave your cars overnight in certain lots? I think there's a solution there. I think there's something that can be done. Same thing for parking overnight … if you're having family functions and if you're doing work on your house. I know at one point our neighbors were siding their house and it was right on our driveway. Well, it took a couple of days. I didn't want to get a nail in my tire, so we parked on the street and had to make a special arrangement with the city so we didn't get a ticket. I still think it shouldn’t be that big of a deal, you know, and that can be fixed easily. It's something that doesn't cost much. And you know, we can find a solution.

The other thing is the city website. That's something that we could walk in, and in a week, fairly cheaply have it fixed. I was looking for someone for the city manager and they'd ask for the city manager's email address and they couldn't find it. It's got to be on the website. And I found Jason Molino's address. And this list, you know, was earlier on in the summer. It can be hard to find the information that you need to either get a hold of someone in the city or just to, you know, maybe you just have a quick question and it should be easier to find on the city website. I just think that that's something that would be an easy fix.

Q: How will you contribute to city operations?
A: I think that I have a different perspective than most City Council members right now. I call myself an older millennial … I just think I'll bring a fresh perspective. I think I would come at things from a different angle than other City Council members. I would also, if elected, be the only Democrat on City Council. And that might not make a huge difference in day-to-day operations. I don't think that matters much too, you know, average citizens when it comes to, you know, they want the streets plowed down, the leaves picked up, the whole spectrum. But I do think it makes a difference to have people who are cut from a different cloth to at least have a different side of things.

I'm not a stranger to City Council. I don't have a problem reaching out. I mean, for as long, really, for as long as I've lived in Batavia, if there's something bothering me, I'll call my City Councilperson. And 99.9 percent of the time, I'm treated with the utmost respect and I get a response.  I don't think it would be a hindrance at all being a Democrat in Genesee County, we're in the minority and I wouldn't get real far if I wasn't willing to work with people who are from the other political parties.

Q: Why should you get a resident’s vote for this position?
A:  Well, I mean, everything that we've discussed already. I think I'd bring a fresh perspective to the city. I think that I'm a hard worker and a creative thinker. I also believe in doing things proactively. I think we've got a bad habit of kicking the can down the road and, even just the police station. That's something that's been going on and been discussed and drawn out for ages, and we still haven’t broken ground. So I think we need to deal with things head-on, and before it becomes a bigger issue.

Just to bring new ideas, creative ideas, thinking outside the box. I'm involved in a lot of different community organizations. I volunteer all the time and I think just by talking to people and just listening to what people have to say, I'm putting it into action. Being involved and hearing from different groups, I think, is something that's needed.

Q: Does there need to be more housing in Batavia?
A: I think there needs to be more affordable housing. I think that. We own our home. But the two houses to either side of us, which are almost identical in square footage, happen to be single-family rentals. And I know the rent of both homes is double my mortgage. OK, so not everyone is able to get a mortgage. Not everyone is in a position to buy a home and maybe doesn't want to buy a home. Maybe they know they need to be mobile for their job, or they're only here temporarily. But they shouldn't be punished with such a huge burden for their rent, so I don't know what the answer to that is. But I do think there needs to be more affordable housing and affordable rentals in the city.

Q: Do you think there should be more downtown businesses, and if so, what types?
A: Absolutely. I think there should be more downtown businesses. And I hope that in the near future, there will be more of a variety of downtown businesses. I mean, restaurants are great. Barbershops are great. You know, I would love to see more retail on the street.

Q: City Council already voted for a new police station. How do you feel about a new police station and its location?
A: I think it’s absolutely necessary for everyone involved. The location they chose wasn't my favorite location, but we spent a long time researching. They put together the task force and this was what they chose. So I think that, you know, you don't ask people's opinions and ignore them if that's what they think is best. And that's, you know, where it should be done.

Q: Do you think the police department needs more, less, or the same funding for what it needs to do?
A: I think things are going well with our police department. Personally, I haven't heard a lot of complaints. I know all of my interactions with the police, and I know I'm saying that a huge amount of privilege as a white woman, has been positive. That being said, I mean, nobody gets a blank check, right? So you need to be responsible for the funding of all of our departments and the police department. No exception.

Q: Do you feel that city taxes are fair for the amenities that taxpayers receive?
A:  I do. Maybe this is going to be an unpopular answer for some people. No, I mean, nobody likes to pay taxes, let's be honest. Yeah, but that's the price we pay to be a part of society. I know that we have a bad snowstorm. I've got to dig out my driveway, but my street's going to get clear. I've got a big pile of leaves out front that my husband dragged out there, that the city can come to pick up. It's my responsibility to pay my fair share. It's the price we pay to be a part of society.

Q: Have you said everything you wanted to about running for council-at-large?
A: Yes.

Elba native Jeremy Karas and his wife Andrea have two boys, Timothy, 14, and 12-year-old Steven. Karas was appointed to serve out the remaining year term when Adam Tabelski resigned from the position, and then Karas served another two-year term. The demands of his service manager position for Temp-Press prevents Karas from participating in a lot of civic organizations, he says, but, aside from giving quality time to his family, he would like to devote himself to serving again on City Council.

Q: What do you feel is your responsibility as a councilman-at-at large?
A: I mean, obviously, we can be responsible for all of the wards throughout the city, not just one single one. So many voters, any constituents within the city of Batavia, can come to us with any concerns or if they have anything that they'd like to see changed with the city. Or, you know, once in a great while we get to hear what we're doing well. But yeah, usually, for the most part, it's something wrong. But, you know, occasionally we get some pats on the back here or there, which is nice. But yeah, I mean, we're just here to listen to anybody and everybody that's willing to talk to us. And I've got some friends and family throughout the city that, you know what? We have some things coming up or, you know, I'll just I'll reach out to them or just when I'm walking my dog in the neighborhood, just say, Hey, you know, what do you think about, you know this or that, that they've been talking about? Or what direction would you like to see us go? And basically, I view their role as just, we have to kind of use your best judgment based on the input you get from the people around you and Batavia. And, you know, help advise city management in a direction to go based on that, then just stay as objective as possible and reach out to as many people as you can.

Q: What's going right with Batavia?
A: I believe a lot of things are OK.  I definitely got in on an interesting time, with the pandemic hitting, and yeah, seeing a lot of the financial restraints that we have and question marks and even uncertainties with, you know, some of the downtown revitalization. I mean, a lot of developers and everybody, everyone just kind of hunkered down and nobody really knew what was going to go on. And it really is nice to see. I mean, Savarino definitely looks like they're finally moving forward on the station there. You know, I mean, it's really great to see some of these projects taking form and moving forward. And we were able to keep baseball on the table as well.

You know, we're looking at options for the ice rink long-term too. I really think the city's got a lot going for it. They just said that, just on the outside of the city, HP Hood is putting up their new facility, upstate Niagara building on the old Alpina plant, Graham is still doing well, Chapins is still here. O-At-Ka is still here. I mean, we have the jobs here to give and support the community as well. You know, it's not just where people have to go to Buffalo and Rochester … we have the jobs, we've got the downtown that's growing and there really is a lot this area has going for it.

Q: What could use some improvement in Batavia?
A: Oh, as far as improvement? Oh, that's a tough one. I mean, nothing is perfect, right? I would like to see more of a focus start heading down towards like the Ellicott Street area for the revitalization, and not just downtown. I think it's great that Main Street is doing what they're doing, but I think that's another area that, you know, once these get taking off, that needs to be another area of focus. I haven't been on long enough to see in the past, but I would like to see some of the facilities being kept up better, more being replaced. And like I said, I just know there's some aging equipment that the fire department has that need to be repaired or replaced, the police department as well. I mean, the fact that they've been in that building, as long as they have, is shameful as far as I'm concerned. Yeah, it really is. I mean, I'd really like to see us stay ahead of stuff a lot more rather than getting to the point where everything's crumbling down around you and you have to move on it, you know? Yeah. And I mean, that's something I like to do, you know, with my job or to help customers with that. We're trying to stay ahead with staying on a replacement plan and keeping things running smoothly. So, yeah, I mean, I would like to see that as far as something I think that could be improved upon. It's just trying to get better, better replacements in line and possibly or even just better purchasing.

Q: What is your top priority for 2022 if you are re-elected?
A: Should I be fortunate enough to get re-elected, I would like to just continue with what we're doing, honestly, like I said, with moving forward with some of the projects downtown. This year's budget should be much easier for management to do. As I said, I know last year we had to make some really hard choices on some cuts and things that we had to push off reserves that didn't get nearly as much as they probably should have. And, I mean, some of the tax revenues and what we've been looking at so far, for all intents and purposes, it looks like the same for this year’s coming budget. Next year, we should be getting back on track where you could start building towards those things and putting a little bit more away. That's really the big thing that I would like to see coming through next year.

Q: How would you personally contribute to city operations?
A: I think all of us on the council, we all come from a little bit different walk of life and we've all got definitely different professional backgrounds that we come from. And I think there have been some instances where I've been able to lend some of my background and expertise with some of the businesses that I deal with where, you know, some of them may have not been exposed to some of that stuff, unfortunately. But yeah, there definitely have been a few issues here. And there were things that were right up my alley.

Q: Why should you get a resident’s vote in this election?
A: I've proven to be a good member of the council. I've had, you know, a handful of residents who have contacted me for some things throughout the time I've been on council, and have helped them to find resolutions to their issues. You know, I know I'm not the loudest one there. I don't jump up and scream and shout out a lot of things. But you know, I'm always willing to listen. Always willing to help out anyone that stops and talks to me or calls me. I always try to make myself available as much as I can, and I really do enjoy the time I spend on council and trying to help make the city a better place.

Q: Do you feel that the city of Batavia needs more housing?
A: I believe it does. I mean, I like to look at, like, a couple of the Realtors’ websites every once in a while just to see. And it seems to me, just from what I've heard from people around my age group, and that it is fairly difficult to find something. And once you know, like if the average family size home does go on the market, it seems like they don't last long. I've seen some in my neighborhood over on Union Street. I mean, they'll only be there a week or two weeks and it's already gone. Sometimes they don't even make it to market. And I know, like when we purchased our house back 15 years ago, it had been on the market for, I think, six or eight months somewhere in there and it was just sitting there. Nobody seemed like anybody was buying that. But yeah, I mean, just from how quickly I see some of them selling now. I believe, yes, the city could benefit from more housing or either maybe some sort of incentive to repair some of the older properties that are here.

Q: Do you feel that downtown needs more businesses, and if so, why types?
A: Oh, absolutely. There's still plenty of empty storefronts there. You know, places for, you know, expansion and places to be repaired and fixed up. I'd definitely love to see more business downtown. As to what they are, that's yet to be seen, but I would absolutely love to see more downtown. I mean, we've already got some very nice restaurants downtown. I don't know if more shops would be feasible. I know some of them to seem to struggle this day and age with the coming out of Amazon and all the online sales. I know it's very tough for those types of businesses. Yeah, it is. I would love to see more of those types of stores. I just I don't know realistically, you know, at this day and age, it's tough to open those kinds of places. It is. I get it. I'm realistic about that. As much as I would love to see more of them down

Q: How do you feel about a new police station and where it’s to be located?
A: It's very shameful that they've been stuck in that building as long as they have. That was when I first came on council. I was able to tour all the departments in that and I did. I spent about half a day with (Chief) Shawn (Heubusch) and he took me through the whole station and showed me everything, and I just I couldn't believe the condition of it. I couldn't. I felt very bad that they are there. I, without a doubt, believe that we need to build them a new station.

As far as the location, I do like talking to Rachel and talking to other members of council and previous studies that they have. They have another one going through, apparently, because of course, those ones were years ago when it was on the plate then and for whatever reasons, that didn't move forward. Yeah. You know it does look like the best location. The utilities are already there. It's city-owned property, which reduces our costs. We don't have to buy property. It's got a lot of checkmarks and positives for it.

The only concern that I mentioned, you know, when we were looking at that and they had some rough sketches, is I just I don't want it to hamper the businesses that are already in that area by taking up too much of that parking lot. The way they had it drawn out, you know, that was the one concern they did raise. I just want to make sure all those buildings along Washington, you know, whether or not you get the movie theater up and going again, depending on what happens with the old Penneys in there, even though they've kind of got their own parking, you know, I think we need to look long term as well once we start to finalize plans for that and just make sure everyone's going to have enough breathing room if they're able to function. And especially when it snows.

Q: Do you feel that the police department could use more, less, or the same funding for what it needs to do?
A:  I believe, you know, that the status quo is ok. As far as the feedback we have received from the chief they are, they're finally up to the full staff, which I know when I first came on council, I believe they were maybe four or five officers short. And that, of course, was causing additional overtime. But yeah, they definitely need the station. But I think once you get them in there, get out of the old building and that, yeah, they seem to have a fairly good replacement plan for the vehicles. I believe they're pretty well set from what we’ve been told.

Q: Do you believe that city taxes are fair for the city amenities that taxpayers receive?
A: Yes, I do believe they are. I mean, they’re only around, I think it's $9.25 per thousand of assessments. I believe that is pretty fair for I mean, considering public safety when you're talking about paying for the fire department and police department and then your DPW as well as all the roads and sidewalks, parks, and that's a lot that's taken care of for that little bit of money.

Q: Why should residents give you a vote?
A: I guess I'm not somebody to jump up and down and scream and shout and I don't like, you know, I'm not one of those people that's going to go up to, you know, to start patting myself on the back, telling you all the great things that I did. But no, I mean, not always open to anybody coming to talk to me, and I'm going to try to stay as objective as possible with anything and everything. We all come from different walks of life. And, you know, I think we can all find a good path forward for the city. You know, if we're all just willing to work together at it, keep a level head.

Q: Have you said everything you wanted to say about running for council-at-large?
A: Yes, I think so.

Eugene Jankowski has served two terms as councilman-at-large and president of Batavia City Council. A firm believer in fiscal responsibility, Jankowski wants to serve as a guardian of the taxpayer’s money to ensure the city gets the best bang for its buck. A former officer and K-9 officer with Batavia City Police Department, Jankowski earned the 2013 Kiwanis Club Criminal Justice Award, is an active member of National Tactical Officers Association, New York Tactical Officers Association, FBI National Academy Association, International Defensive Pistol Association, US Practical Shooting Association, 3 Gun Nation (semi-pro), and a NRA Endowment member. He lives with his wife Leanne.

Q: What do you feel is your responsibility as a councilman-at-large?
A: It is the council at large. I can tell you, what I have done is I've made myself available to assist other ward council members when they need help with a project or are concerned about their neighborhood. I'm available citywide to any person who lives here or has a problem and needs help with something. I'm available, so I'm not limited to one ward where, if they contacted me and I said, I'm sorry, that's not my ward, you have to contact such and such. I can, you know, I jump in and assist wherever I can. And in my role, it’s also as council president. I run the meetings and I take care of the paperwork and some of the other council business so that, you know, I'm available during the day to sign paperwork and get that stuff done and set the agenda. So that's an additional responsibility that's only given to a council member-at-large. Council-at-large is one of three people that can be elected council president by the City Council. That's what I believe my role is, to assist, where necessary, pay attention to the larger picture and, you know, assist any constituent that needs it and also be involved at the meeting and be informed and help to make decisions and help to vote properly so that everyone's represented.

Q: What do you think is going right in Batavia?
A: What's going right is we have a good city manager in place and projects are starting to move forward. The DRI was delayed … A lot of our small businesses took a hit during COVID and everybody and City government and City Hall have worked really hard to get that back on track, and that seems to be working well.

Our income is improving, our tax income is improving, our revenue sources are improving and the city employees and the government departments are working together to provide the services that people expect, and our police department is actively involved in public safety. Our DPW is keeping the roads repaired within reason within our budget because we have to keep our budget low because of COVID. So we're still cautiously optimistic. And roads are getting repaired and grants are getting approved, and hopefully, the Savarino properties will be constructed soon and the City View apartments, that went off good.

So I would say the investment in our downtown and our community. Our economic development is coming back. Our economy is coming back. Still more work to do to keep small businesses involved and make it easy for them to do business in our community. So I think there's a lot, there's so much going on. I could spend the whole hour just talking about all the good things that are going on in youth services that have been improved. Parks program has been improved, although the time is cut back a little bit due to COVID, we've improved. Using the Y has definitely made an improvement in the services to our youth. The mall is getting cleaned up and we got a roof on it, and we're working on the next phase of that project. So there's a lot of, I think there's a lot of good things going on in the community.

Q: What could use some improvement in Batavia?
A: Well, whenever you put a lot of focus on one section, then you know, something else might suffer a little bit due to the budget and COVID, and all the requirements that are involved with city employees, the health department, and so on. That's sucked a lot of energy out of our other projects and the other day-to-day activities that we normally need to pay attention to, like code enforcement and things like that. The court system, which wasn't even handling cases for the longest time unless there were very serious cases. And all that had weight, whether we like it or not. So all that, I think, needs to get restarted back up.

I want to see more attention in the neighborhoods. And help the Elliott Street businesses, Main Street has gotten all the attention. I think it's time to start directing some attention towards our streets, and it's not going wrong, I’m just saying it's been delayed because of circumstances beyond our control. And I'd like to get that accelerated.

Q: What's your what's your top priority for 2022 should you get re-elected?
A: Our biggest priority is to make sure we're going to be doing our first budget like we should have done. So we did a budget and we had a COVID budget that had to get totally mangled, and now we'll be into our normal tight budget. So we don't, nobody has any idea what that's going to look like. They're still trying to put that together. So that's going to be our biggest challenge, is to keep taxes low and spending low and live within our means as a city, and provide the services we can provide within our means and keep the taxes as low as possible. So that's going to be all done during the next budget process. It's going to be very important and it's going to take a lot of effort on all our parts to make sure that we make sure we cover all the bases and make sure we leave no stone unturned to make sure that we're giving the best services to our community for the lowest cost.

Q: Why should you get a resident’s vote?
A:  Because I don't know, that's a good question. I don't know. I'm not really a narcissistic person that would think about why I would need the vote. I just would look at getting supported by the people that I serve. So in my mind, I'd like the opportunity to serve another term. I've done it for 33 years as a police officer, and the city was very good to me, helped me, you know, live in a nice home and feed my family all those years. And now it's time for me to give something back and I'd like to keep serving and to help improve my community wherever I can.

Q: How will you contribute to city operations if you get re-elected?
A: I would do my due diligence by paying attention to city operations and making sure that the budget is done properly and efficiently, and that any citizen problems or concerns are addressed by city staff. They shouldn't have to go to a council member to file a complaint. They should be able to go right to the city staff, and there's a mechanism in place for them to handle those complaints, just like a police officer answering a complaint if there's a sewer problem or a sidewalk problem, city staff is well trained and well able to resolve those situations. So as a council member, it's my job to pay attention to make sure that is being done and keep their due diligence. Make sure that everyone is on the same page, communicating among themselves and … getting things done for the people that live here.

Q: Do you feel that Batavia needs more housing? 
A: Yes Batavia needs more houses and apartments. There is presently more demand than housing available.

Q: Does Batavia need more downtown businesses? And if so, what types would you like to see?
A: Yes, the downtown revitalization projects are underway and I think it’s important to maintain opportunities for all businesses to be successful.

Q: I know a decision has already been made about a new police station, but how do you feel about it and the location?
A: The police station has been under serious discussion for many years. The site has been chosen and plans are in place to construct a new building, as well as preserve the old building with private investment.

Q: Regarding the police department itself, do you feel that the police could use more, less, or status quo as far as funding for what they need to do?
A: The same. They are fully funded and staffed. And there’s a system in place for the department to ask for more money.

Q: Do you think city taxes are fair for the amenities that city residents receive?
A: Yes. We can always do better, but for the services they provide: the pandemic emergency, police, fire, DPW, city staff, yes they’re fair.

Q: Do you feel that you said what you wanted to say as far as running for council? 
A: I've served the community for two terms now. I think my past behavior would be indicative of what my future behavior would be. And so I ask the tough questions. I make sure that we constantly are paying attention to what's going on so that, you know, nothing gets out of whack and everything stays going forward. Progress moving forward. Getting these projects done. Keeping the city in proper repair. You know, keeping the citizens in the right services that they expect and treating them with respect. So, you know, that's all-important, to stay attentive to what's going on. Stay involved.

I’ve learned, you know, long ago is if you want to get good at public speaking, become the expert in what you're talking about, right? So that way, you never have to worry about being up there at a loss for words. So that's important for me if I'm going to do this job. I take it seriously and I represent the people of the city and I want to do my best and put my best foot forward and do my absolute best job because 15,000 people are counting on it. It's important to them. It's important to me. So oftentimes we really pay attention and try to really make sure I know what's going on so that nothing gets by us. So we don't make a major mistake with a lot of money, that would be catastrophic. So, not on my watch.

Next week’s election includes a race for three vacant council-at-large seats on Batavia’s City Council.

Newcomer Erica O’Donnell is vying to be the only Democrat in the group come 2022, as she and Republican incumbents Bob Bialkowski, Eugene Jankowski Jr. and Jeremy Karas run for three open seats.

Organized alphabetically, Bob Bialkowski’s interview with the Batavian is first up to cover everything from city businesses and police funding to taxes and why he deserves a vote. Bialkowski is running for his second term and believes he knows how to be successful as a member of the City Council: Represent all of the people in the city of Batavia.

F. Robert “Bob” Bialkowski has served nine years on City Council, with stints from 2008 to 2011, was appointed to fill a vacancy for a year in 2017 and 2018 to present. A Batavia native, Bialkowski has served in the New York Army National Guard and the Coast Guard Auxiliary, which he presently serves as an aircraft commander. His business ventures include as the founder of Inland Aero Service, Inc. and Great Lakes Aviation, Inc. He has served on the Solid Waste and Recycling Committee, Neighborhood Improvement Committee, and the Zoning Board of Appeals. Bob and Madeline, his wife of 53 years, have one son, Robert.

Q: What do you feel is your responsibility as a councilman-at-large?
A: We represent all the citizens. It's sort of a check and balance function because you have council members that represent their communities; council-at-large represents the entire city.

Q: What is going right with Batavia?
A: Oh, I think it's going well. I mean, there's, you know, the bottom line, and we have an administration that's working pretty hard. The administration has been pretty streamlined because we've had retirements and everything else. People aren't jumping out of the woodwork to apply for jobs right now. But I think our administration is really, really going the extra mile, and I think it's all working as is demonstrated. We just got through the pandemic and we didn't bankrupt the city, and thanks to the city that we didn’t come to a grinding halt. We got through it pretty well when we had our council meetings, so we actually had a couple of meetings, but we had, basically, meetings continued on. So I think we have a pretty, pretty good government, pretty functional government, that's for sure. And you know, we don't always agree on everything and we don't always disagree on everything. But we hammered it out, got through it.

Q: What could use some improvement in the city?
A: Well, a lot of things could use improvement, but this starts out with earnings, like saying what could use some improvement on your home and office? We all need improvements. And you know, there’s our core staff for finances to infrastructure, where you have a lot of infrastructure issues, but a lot of them were on top of it, you know …  we spent a lot of money on sidewalks every year and on-street repairs.

We're doing a lot of upgrading right now. I mean, we have a lot of things in the works for next year to be upgraded. And so those are all going on now, and a new police station’s in the works and that'll be happening long overdue by about 50 years. And you know, it's too bad that existing buildings are in such disrepair. But it is what it is, it’s something we can't go back in history. You can only learn from history. You can't go back and change it.

Q:  What would be your top priority for 2022 if you're re-elected?
A: My top priorities are the same priorities I've had for the last nine years of being on councils: to represent the people, be a voice for the people. And one of the things that I've been quoted on, I've done it many, many times. Some people call, they have concerns, but that's a bigger concern. I ask them to please come and speak to our council, take five minutes out of your life. I respect the council and to make all this work make us aware of your feelings, your thoughts. And also the media will be there. The media will pick up on it and you will get action if you come and speak to the council. That's the best way to get action. I mean, as far as just calling your individual councilperson, they will resolve it. But the only reason I'm in this is to represent the members of the committee, and I have no personal gain by doing any of this.



Q: How do you feel that you personally will contribute to city operations? 
A: I tell you, I'm quite outspoken as you know. So, you know, I get the message out there. I represent the people that are out there. I do my homework. I always research everything. I'm not afraid to make phone calls. I call state agencies. We recently had an issue come up here earlier in the year, and those people came and spoke at the council meeting and they expressed their concerns. It was about disc golf at Centennial Park. And after they spoke, I contacted the state Parks Commission and spoke to the state park managers for Western New York. I contacted each one individually … about the cost, hazards, everything else, and I did contact and could speak with the western New York Regional Parks Commissioner about the issue. And you know, for sure, for all our neighbors had concerns and we should know this isn't for Centennial Park. And I think it's kind of, we haven't heard it back since it was handed off to them to see what kind of potential there is to do it in another park. But this is typical, just the way I operate. I guess I just do the work involved.

Q: Why should you get a resident’s vote?
A: Why should I get a vote? They want somebody that's going to work hard for them. I don't care about party affiliation, political views or whatever. I work for the residents. It's that simple. If you want somebody that's going to work for you, I'm curious. I'm not in there for my own personal agenda. I'm not in there to promote walking on the Moon or anything like that. I'm just standing there to represent the community, the citizens of the city, I’m trying to improve our community. And I feel people really need representation.

Q: Do you feel that Batavia needs more housing? 
A: You know, I'm going to answer that with one of the questions that I always return with. I've heard about homeless veterans. My question is where are they living now? I don't see homeless people walking the streets of Batavia, living under trees, or living in the parks. When we say well, you need more housing for the homeless, who do we need housing for? I mean, if I saw a whole bunch of people living in the city that don't have housing, or are there people that want better housing at a lower price? Are there people from other counties that want to move here or are being asked to move here? So I don't know. I mean, do we need more housing? I think housing is a commodity like anything else. I mean, I remember when I first got married, apartments were very scarce. I don't think there were like 10 apartments available in the community. Well, Madeline and I went out and looked at several apartments and found an apartment. But I hear this. We need more housing or we need housing for homeless people. I think that's not a simple yes or no answer.

Q: Does Batavia need more downtown businesses? And if so, what types would you like to see?
A: Well, I think the best thing government can do is stay out of the private sector. First of all, just because you're in a position as an official, that does not make you an expert in business or an expert on anything. You should just be there to represent the people. I think the one thing downtown businesses need is more of a streamlined process to remodel buildings. You know, they're stressed and have so many regulations and laws and zoning and code and building permits. It can take a year of planning. I think we need to do some streamlining there. But you know, I would like to see more retail and all that. But the reality is one small retail store downtown would only be one aisle in a big box store. Yeah. So there's a competition, and we knew that years ago and there is nothing we can do about this. American people have opportunities.

Q: I know a decision has already been made about a new police station, but how do you feel about it and the location?
A: Well, we put out a request for proposals for engineering contracts. A couple of things we have to look at. We didn't want to build in a flood zone because that would jump the cost substantially by a 25 to 35 percent increase in costs. So do we want to do that to the taxpayers? Absolutely not. Absolutely not. We don't want to spend any more taxpayers’ money than we have to. If we don't do something soon, we're going to have to move the police out of there. And I don't know where that would be, put them in a big tent or something? The building is no longer usable because it needs to be redone. And you know, if we start construction right now, it will be two years before they can move in any way. So there's the timeframe. We're looking at the location, it's a great downtown location. It's downtown, it's right up from the Main Street central Area. I mean, it has everything going for it. It's in a parking lot that the city already owns, so we don't have to procure land and there's a lot of flexibility involved with that. So yeah, I just think it's a win for the taxpayers, a win-win for everybody. As far as financially, we can afford it and we were able to say OK. 



Q: Regarding the police department itself, do you feel that the police could use more, less, or status quo as far as funding for what they need to do?
A: Well, we are not defunding the police. I don't know of any single person who wants our police department defunded. Yeah. We're not going to play that game. We're not going to go down that road. At least I'm not. I don't think most of the council does. It's like any of our services. Sure, fire, police, DPW, they can always use more funding. But you know, we're getting by. We have strict limits on overtime. We have limits on the number of policemen. So yeah, they can always use more funding, but more funding means raising the taxes. So people want more police or more of DPW or more sidewalks or whatever. OK. How much do you want your taxes to go up? Oh, it'll be a different story. So we're doing the best we can.

Q: Do you think city taxes are fair for the amenities that city residents receive?
A: Oh, yes, absolutely. I mean, the city has more park area per population than almost all the cities where you have plenty of parks. We have a pretty darn decent infrastructure. We're putting in new water lines, we're putting in handicapped, accessible sidewalks, which is very important to me, and it's up to sustainability and walkability where our streets are. Most of our streets are in excellent shape. There are sidewalks that are on the schedule to be built or making it to some streets. But it's expensive infrastructure, very expensive today, as I’ve pointed this out to many people, to replace. One block costs $350 and that's for one sidewalk block. Like, that's why we don't replace individual blocks anymore. We do it all by contract. We just put out a contract to replace 2000 feet of sidewalks at a time or whatever it takes. We have some aging trees. We have trees that should have never been planted in the city that happened. So that means now we have trees that are dead and they have to be cut down. So to cut one tree down in front of a home cost about $3,700. So, big money. Everything is big money and there's no way around it. So, you know, our DPW and our administration are doing the best they can to keep everything in check and keep costs down.

Q: Do you feel that you said what you wanted to say as far as running for council?
A:  You know, I just want to add that one of the things I think I'd like to see is for the citizens to communicate more freely, to talk to their neighbors … nobody talks to each other. Yeah, the first person people call is the police. That guy who walked across my front lawn, and they say ‘I don't want to do it.’ Sometimes you just have to be able to communicate. People are reluctant to do it, to me, because, you know, we still have some communication problems.

And another one is a consideration. Don't park your car over the sidewalk so we’re walking down the street.  You should go out into the street. Number one, it's against the law. Number two, you are liable when you do that. And number three, it’s just darn rude to do to your neighbors, your friends. That's part of living in the city. Part of living in the city is getting along.

You know, take care of your property to make sure your home is maintained the best you can. So I think it's very important.

And you know, there are those people out there that are campaigning and promising to do everything in the world, so people need to remember it’s City Council; there's nine of us. Yeah, any individual is only one person on council. A lot of people don't even understand how local government works. You have to get it on an agenda, bring it to a conference meeting and hammer it out in public. Oh, we don't discourage anyone from speaking at a council meeting. Sign up to speak, and a lot of times it really does get results. I always encourage people to come to a meeting and speak and give some examples. And then, after all that, for the vetting process, you know, it goes to our business meeting, and then it gets voted out. No single person can really do anything. Government has a very good reason to move very slowly because God help us if an individual can just make a request, that can be dangerous and reckless.

It’s not exactly trying to “steal the election,” but the removal of a couple political signs supporting Erica O'Donnell in her bid for an at-large seat on Batavia City Council has an Ellicott Street resident hopping mad.

Diana Kastenbaum is reporting that both of her O'Donnell for City Council yard signs – one on Ellicott and one on Richmond Avenue -- were stolen in the last 24 hours.

“And it’s not even Halloween yet,” she stated in an email to The Batavian.

O’Donnell is the lone Democratic Party candidate in a four-person race for three at-large positions. She is running against incumbent Republicans Eugene Jankowski Jr., Robert Bialkowski and Jeremy Karas.

“The Republican signs for Council are all still standing on Ellicott.  This has happened in the past to Dem signs, but not the Republicans signs in the City of Batavia,” Kastenbaum said.

“Someone left a note in my mailbox today to say Erica's signs were no longer in my front yard. I didn't notice if they were there this morning, but when I came home from work only the stakes were left.  Of course, I will replace them, but every year we have to deal with this nonsense and no one seems to do anything about it.”

When informed of Kastenbaum’s predicament, Jankowski said he could understand why she would be annoyed.

“I don’t understand what people gain by that,” he said. “I know that in past elections, a few of my signs went missing.”

He also theorized that it could be an O’Donnell supporter who wanted a sign to put up somewhere else.

“I mean, in a couple of days, they’ll all be coming down so if you want one, just ask and you can get one for free,” he said.

Assistant Police Chief Chris Camp said that the Batavia PD has received no reports of political signs being removed from yards in the city thus far this election season.

Depending upon the closing date of the home that she and her daughter, Raelene, have purchased on Holmes Avenue, Rose Mary Christian is about to close the door on a nearly 30-year career as a member of the Batavia City Council.

Because Christian (in file photo above) is moving from her Williams Street home of 22 years in the Sixth Ward, which she represents, to the First Ward, she will be ineligible to continue on the governing body.

“I would think that we will close on the house within a month,” she said earlier this evening.

If the transaction is finalized before Council’s next meeting on Nov. 8 and Christian is in her new residence, it would mean that Monday night’s meeting was her final hurrah.

During her tenure, she was known for her willingness to speak her mind – ruffling feathers along the way – and fought valiantly to keep taxes down and for her constituents in the Sixth Ward.

The Sixth Ward covers the area south of Main Street and east of Liberty Street, extending to the Genesee County Fairgrounds on East Main Street.

Christian said she will miss the interaction with the residents and her colleagues.

“You know what I’m going to miss is the people in this ward. Am I going to miss Council? Yeah, I’m going to miss some of those people – quite a bit,” she said. “I might have not been able to override them that many times, but I gave it my best. I voted what I believe, you bet I did. And if I voted for four budgets, that’s saying a lot.”

According to the City Charter, someone will have to be appointed to replace Christian and complete her term, which is up for election in two more years, she said,

Christian switched affiliations from Democrat to Republican about 18 months ago, and thinks that could be an issue.

“There will be a problem with it because of the fact that I was a Democrat when I won the last election – and that was my eighth term to be elected,” she said, noting that she served the community for 29 ¾ years.

A check of the City Charter, Chapter 3, Section 3, reads as follows:

“Vacancies in the office of Council member shall be filled by election for the remainder of the unexpired term at the next general election occurring not less than 60 days after the occurrence of the vacancy. Such election to fill a vacancy where it occurs after the last day to file nominating petitions for the primary election shall be filled upon nominations made in the manner provided by law for the filling of vacancies in primary nominations occurring after the primary election.

“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.

"In the event that Council shall fail to appoint within 30 days after the vacancy, such appointment must be made by the Council President. This appointment must be made within 10 days under the same conditions as to political affiliation and residency noted in the paragraph above."

Going by the paragraph in boldface -- but yet to be confirmed by the city attorney, City Republicans would make the appointment since Christian now is a registered Republican.

Christian said that city leaders have scheduled a farewell party for her on Nov. 22 at City Hall Council Board Room. At the conclusion of that event, which runs from 5:15 to 7 p.m., City Council will present her with a proclamation in recognition of her service.

City Council President Eugene Jankowski Jr. reads a proclamation from the City of Batavia in commemoration of the Genesee Symphony Orchestra's 75th year as Sherry Mosher, left, GSO board member, and Melzie Case, symphony musician, look on at tonight's City Council meeting. Founded as the Batavia Civic Orchestra in 1947, it is one of the oldest civic orchestras in New York State. The proclamation credits the GSO for "enriching the community through high quality performance, educational opportunities, guest artists and partnerships." Photo by Mike Pettinella.

Batavia City Council members and city management tonight exhibited varying degrees of trust in the Buffalo development company charged with turning the eyesore on Ellicott Street into the multi-million dollar Downtown Revitalization Initiative project known as Ellicott Station.

Council, during its Conference and Special Business Meetings at the City Hall Council Board Room, had the task of considering two resolutions in connection with the mixed-use endeavor on property that once was the home of Soccio & Della Penna Inc. construction and Santy’s Tire Sales:

• Whether to take receipt of a $500,000 Restore New Grant that would support Savarino Companies in its demolition, rehabilitation and adaptive re-use of the former National Grid electric building;

• Whether to approve a resolution requiring the developer to enter into an “undertaking agreement” that would protect the city by transferring all or a portion of the obligations of the grant to Savarino Companies.

Although City Manager Rachael Tabelski emphasized that if Savarino doesn’t perform the work, it won’t get the grant, some Council members were skeptical to the point of believing that the project will never get off the ground.

Rose Mary Christian called the Brownfield Opportunity Area in its current blighted condition as “disgusting and deplorable.”

“I don’t have any faith in this company,” she said, while voting “no” to both measures.

Fellow Council member Robert Bialkowski said he had “great concerns” as he voted yes, while Council President Eugene Jankowski agreed, but feared that squashing the grant proposal could jeopardize the start of demolition.

“It’s my opinion that there’s a lot of small, complicated parts to this project of that magnitude,” he said following the meeting. “You have a large project that’s a brownfield, and on top of it you’re trying to put together all of the funding for it. It’s not an easy task.”

Jankowski admitted that he “got his hopes up” early on when the project was submitted, but understands that outside factors such as working with New York State, COVID and cost overruns likely contributed to the delay.

“At this point, we need to give them the opportunity to start construction in November like they said, and I am going to be optimistic that that’s exactly what’s going to happen.”

During the meeting, Tabelski said that Sam Savarino, company president, told her that the final closing with the New York State Office of Community Renewal, which has jurisdiction over the project, is scheduled for the first week of November.

The Batavian received that same information when talking to Savarino prior to environmental testing that was conducted on the property last week.

“I have no doubt that when they start, they will finish (the project),” she said, noting that Savarino Companies has paid the Batavia Development Corp. for the transaction of creating a Limited Liability Company and paid the city for permit fees and extension fees. “The developer does projects all over the state and he doesn’t want to lose the trust of the OCR.”

Unfortunately, after five and a half years since the announcement of the Ellicott Station residential/commercial/entertainment venture, the same can’t be said for some of those serving on City Council.

For the record, Council did vote 7-1 to pass both resolutions related to the grant.

Also, tonight, the board approved a resolution to accept a $7,500 STOP-DWI grant from Genesee County to combat impaired driving through the utilization of specified high-visibility engagement campaigns.

The introduction of new computer software means that it’s time to say good-bye to an old -- and outdated -- permitting and licensing fee schedule for the City of Batavia, according to a memo from City Manager Rachael Tabelski dated Oct. 25 and sent out ahead of Monday’s City Council Conference Meeting.

Council will convene at 7 p.m. for the Conference Meeting, which features a full slate of agenda items. A Special Business Meeting set up to vote on three of those items will follow.

In the memo, Tabelski promotes Energov software, a program that creates digital files for permits and licensing that will make life easier for Inspection Bureau staff. However, some of the current fees are not articulated clearly enough to jive with that software.

Additionally, she reports that a review of the city’s current processes and procedures – along with permit fees – was conducted.

Noting that the fee schedule hasn’t been updated in at least 15 years and has resulted in varying, inaccurate cost calculations, she is proposing a new fee schedule – a revised list of charges for certain projects that was approved by the Inspections Bureau, Plumbing Board and Bureau of Maintenance.

“In order to ensure that permit fees can be calculated in Energov and to create a permit fee schedule that is fair to all, a new fee schedule is proposed,” Tabelski wrote. “Many permits are proposed to be a flat fee. Permits that are not a flat fee have been structured for easy calculation by staff, the public and will easily compute in Energov.”

The memo indicates that work performed by the property owner will be calculated by square foot. If the project is not included on the list of flat fee permits – such as a porch rebuild or removal of a load-bearing wall – then the value of the cost of the project would be multiplied by 1.2 percent to determine the fee. Also, the fee will triple if work is done without a permit.

If approved by Council, changes would take effect on Jan. 1, 2022.

Tabelski put together a chart showing items up for revision and compared the proposed new cost to fees in Canandaigua, Lockport, Rome and Glens Falls.

Items on the list for revision, followed by the current fee, proposed fee (in bold), and fees in the four cities listed above in order:

• Re-roof all 1-family dwelling (2,200 sq ft - $13,000) -- $52, $65, $100, $59, $75, $50.
• Re-roof porch only (350 sq ft - $1,800) -- $40, $35, $100, $51, $75, $50.
• Re-roof commercial (1,200 sq ft - $26,000) -- $113, $312, $100, $150, $200, $150.
• Six-foot vinyl fence ($15,000) -- $65, $65, $50, $20, $75, $25.
• Six-foot wood fence ($7,000) -- $43, $65, $50, $20, $75, $25.
• Entire house vinyl siding (1,600 sq ft - $14,000) -- $53.50, $65, $480, $47, $75, $400.
• 1-family (375 sq ft - $22,000) -- $115.50, $264, $300, $150, $100, $200.
• Commercial addition (1,400 sq ft-$105,000) -- $550, $1,260, $500, $350, $200, $350.

Other Conference Meeting agenda items are as follows:

• Agreements with the Town of Batavia for city personnel to repair and maintain 31 street lights the town is putting up on Park Road in the area of Batavia Downs Gaming and a traffic control device the town is installing at the intersection of Route 98 and Federal Drive, north of the city.

In both cases, the city would invoice the town for labor and material costs.

Currently, city employees maintain the traffic light for the town at Veterans Memorial Drive and the Towne Center.

• Acceptance of a $500,000 Restore New York Grant that was awarded to the city in 2017 to assist Savarino Companies for demolition, rehabilitation and adaptive re-use of the existing former National Grid electric building in connection with the Ellicott Station project.

As a condition of disbursing the funds to Savarino, the Buffalo developer is required to enter into an “Undertaking Agreement” with the city to assume a portion or all of the obligations of the city under the grant.

• Mid-fiscal year transfers due to expenses incurred in excess of budgeted amounts set in April.

These include $30,000 from the contingency fund into the legal services budget for increased litigation costs, $12,000 from contingency into the information technology budget for an increase in the number of monitored computer servers, and $25,000 from the public works administrative salary account to the DPW engineering account for expenses owed to LaBella Associates in light of the city’s ongoing search for a DPW director.

Deer management, disc golf, Otis Street.

Those three subjects became brief topics of discussion at Tuesday night’s Batavia City Council Business Meeting at the City Centre Council Board Room.

Batavia resident John Roach, who regularly seeks to follow up on previous matters concerning the city, asked about the status of the deer management plan that is being coordinated by Assistant Police Chief Christopher Camp and of a fellow citizen’s proposal to have a disc golf course in the city – an idea that prompted fierce opposition when Centennial Park was mentioned as a possible location for the layout.

CITY PROPERTY THE PLACE TO START?

On the deer management plan, City Manager Rachel Tabelski said the city was able to obtain extra deer management permits but “weren’t able to enlist any landowners, especially in the First Ward, to be part of the process with us at this time.”

She said there are city-owned properties that are eligible for hunting as well as candidates who wish to take advantage of the culling program.

“Unfortunately, where most of the complaints that we have in the First, Second and Third Ward – especially about shrubbery and bushes – we don’t have anyone at this point willing to allow the hunting program on their land,” she added.

City Council President suggested starting the program on city property … “and show that it can be done and other landowners might join in.”

The city’s deer management program process began in 2019 with the formation of a citizen committee. The committee met numerous times with then City Manager Martin Moore, but abruptly disbanded at the outset of a meeting on Aug. 13, 2020 – objecting to changes to the plan’s original framework.

Previously: BREAKING: City's deer committee resigns in 33 second meeting this morning

DISC GOLF UP IN THE AIR?

As far as disc golf is concerned, Tabelski said that she hasn’t heard back from Phillip Boyd, the 27-year-old Hart Street resident who approached City Council in the summer about a disc golf course.

The latest news on that matter came in July when Boyd met with city Department of Public Works personnel (photo at right) to discuss placing a nine-hole course at Williams Park on Pearl Street.

The Batavian reached out to Boyd via phone call and text message this morning.

Previously: Disc golf promoter puts Centennial Park in rear view mirror, now has his sights set on Williams Park

OTIS STREET RESIDENT SAYS THANKS

On Sept. 13, Yantz informed Council members of unruly and disruptive behavior by people living in a house across the street from him on Otis Street.

He returned to City Hall last night to let them know that things have calmed down and thanked city officials for getting involved.

“The efforts of the Council and the police department seem to be making a difference on Otis Street,” he said. “It’s been quiet the last few weeks and months. I’d just like to say keep up the good work and I hope things will stay the way they are.”

Yantz said he believed that some of those neighbors were going to be at the meeting as well, but that turned out not to be the case.

Previously: City of Batavia leaders, police taking steps to help Otis Street couple deal with disruptive neighbors

While water and sewer improvements certainly aren’t as intriguing as the construction of a playground designed for children of all levels of ability, they are vital to a municipality's health and well-being.

With that in mind, five of the seven projects that would utilize $1.4 million in American Rescue Plan Act funding -- as recommended by City of Batavia Manager Rachael Tabelski -- have to do with upgrades of water and wastewater systems or purchases of related equipment.

Tabelski, in a presentation at Monday night's City Council Conference Meeting at the City Hall Council Board Room, provided details of the water/wastewater proposals.

She was supported by Stephen Waldvogel, P.E., technical director with GHD Group of Buffalo, the company in line to contract with the city for water system planning assistance, and wastewater system headworks and capacity analysis.

The one “public facing project,” Tabelski said, is spending $800,000 – equally split between ARPA money and anticipated grant funding – on upgrading Austin Park (which is located behind the current City Police Department) to an "inclusive destination playground."

Tabelski said that residents have told her they don’t feel safe in that park, compared to other city parks.

“But if we have a really nice playground and really nice space, hopefully, we’d have really great families visiting there so everyone could feel safe at that park,” she said, adding that the project would include enhancement of the water splash pad there.

“I think this is a good opportunity,” she said. “Most of these other projects are water and sewer line utilities. This would be something, obviously, the public could see and enjoy, not that they don’t enjoy clean water – you just don’t see it every day. It just comes to your house, right?”

CITY GETS $1.4 MILLION IN ARPA FUNDING

As reported first on The Batavian on Saturday, Tabelski put together the list of priority expenditures that qualify under ARPA’s rules and regulations. The city received $1,474,764.79 from the federal stimulus action (and, as reported last night, already has half of that in its bank account). The remainder is scheduled to be allocated after the first of the year.

Tabelski made a convincing case for engineering studies, analysis and upgrades of the city’s aging wastewater treatment plant and assistance as it moves toward the phasing out of its water plant.

Two of the projects on the list call for contracting with GHD Group – one for engineering services for water system planning ($248,000 in ARPA money) and the other for wastewater treatment plant headworks and capacity analysis ($250,000 in ARPA money).

“(The engineering services contract) is something the city needs to start immediately, whether we decided to use ARPA funding or not,” Tabelski said of an anticipated two- to two and a half-year contract with GHD.

The gist of that project is to address and replace lead services lines throughout the city according to new federal regulations, she said, mentioning the additional requirement of an online map to show residents the location of lead lines or suspected lead lines.

Tabelski also said that engineering expertise is needed as the city prepares to close its water plant in conjunction with Genesee County’s plan to provide Monroe County Water Authority water to city residents.

After outlining the scope of services of the water system planning resolution, Tabelski turned it over to Waldvogel, who said he has worked with the city “in the background” for the past 10 or 15 years.

ENGINEER: GENERATIONAL CHANGES IN STORE

“The revised lead and copper rule is probably one of the most substantial changes to the water regulations in a generation,” he said. “It will have a substantial impact on your water department and that’s one of the reasons why Rachel is looking to tackle some of these big things.”

As far as the wastewater treatment plant headworks and capacity analysis is concerned, Tabelski said the city just completed a $1 million project to replace the main air system that goes along the ponds.

She said analysis is needed of the pipes that go into the ponds to bubble and diffuse air to allow the ponds to digest waste efficiently and to “understand what our capacity is today so we’re able to make future decisions.”

Waldvogel added that the air system at the wastewater treatment plant is aging and deteriorated.

“There needs to be, as requested by the EPA (Environmental Protection Agency) and the DEC (Department of Environmental Conservation), a headworks analysis of the facility,” he said. “And what that is, is essentially an analysis to determine the flow and contaminant loading that the plant can properly manage while you still meet your permit.”

He said the plan is to collect data for 12 months – determining the different “loadings” for all four seasons – “and from that you’ll determine how the facility removes a long list of contaminants, and from that you develop your own local permits which you issue to all the local industries that discharge to your system.”

Waldvogel said this will have an effect on the Town of Batavia, which is a minority owner and also discharges to the plant, and positions the city for long-term growth and future investment.

He also indicated that by understanding its capacity, the city would have to renew its wholesale sewer and meter reading agreements with the Town of Batavia “which are predicated on certain flows and certain loadings.”

Three other projects relating to water and sewer are replacement of the Cohocton water transmission line that supplies water to the southwest quadrant of the city ($400,000 in ARPA funds and $400,000 in Water Reserve funds), replacement of an aging sewer camera ($50,000 in ARPA funds and $50,000 in Wastewater Reserve Funds), and replacement of meter reading equipment ($26,764.70 in ARPA funds and $1,718.79 from Water Reserve funds).

AUSTIN PARK: AN OPPORTUNITY ZONE

Tabelski said Austin Park is about 25 years old and that area qualifies as an Opportunity Zone due to 2019 figures that show 12.9 percent poverty and 4.9 percent unemployment.

“This fits into addressing negative economic impacts and public health in a neighborhood,” she said. “We want to continue to provide those outdoor, healthy living, recreation opportunities, but also doing something a little more significant.

“We don’t have anything that is like, ‘Wow, that is a cool playground.”

She called it an inclusive destination playground, one designed for children of all different abilities and for those in wheelchairs, for example.

City Council President Eugene Jankowski Jr. sought to clarify the meaning of “inclusive” – requesting the term “universal access” be included going forward.

He said that Council passed a resolution several years ago that authorizes the board “to think in that realm whenever we designed anything new.”

The other project (using $100,000 in ARPA funds and $440,000 from the Facility Reserve Fund) would make necessary improvements at the city’s Bureau of Maintenance and Fire Department -- the purchase of a new generator to fully run fire headquarters on Evans Street and to make the facility compliant with the Americans with Disabilities Act.

City Council voted to forward all of the recommendations to the Oct. 12 meeting.

DIVIDE NY, OTHER RESOLUTIONS

On another front, Council, at the request of Sixth Ward Council member Rose Mary Christian, briefly discussed a bill in the New York State Assembly that provides for a referendum on the question “Do you support the division of New York into two separate states?”

Christian was looking for Council’s support of this bill, and seeking guidance on the best way to proceed. City Attorney George Van Nest said that it was a state referendum, not a local one, and, if passed, would be placed on a ballot for statewide voting.

The bill calls for a general election -- posing that question to state voters -- to be held on or before Dec. 31, 2022. The bill is sponsored by Assemblyman Stephen Hawley. The Senate version is S7314. Currently, there are no votes for this bill scheduled in state legislative session.

In other action, Council forwarded to the Oct. 12 Business Meeting resolutions:

• Spending $38,800 from the Facility Ice Rink Reserves account for purchase and installation of a new compressor that is part of the ice making equipment at the Batavia Ice Rink on Evans Street. Tabelski said one of the two compressors has failed and to rebuild it would not be cost effective.

• Spending $84,000 from the Water Reserves account as a local match to the $334,000 the city received in a grant from the Northern Border Regional Commission to fully fund the installation of 950 linear feet of 8-inch water main along Bank Street – from Washington Avenue to Main Street. The project will replace 90-plus-year-old pipe, thus increasing water supply and flow in that area, which is designated as the site of the new police headquarters.

Previously: City manager suggests using ARPA funds to build 'inclusive destination playground' at Austin Park

Labeling them ARPA-1 through ARPA-7, City of Batavia Manager Rachel Tabelski has put together a list of priority spending items – including an “inclusive destination playground" at Austin Park – to be funded in whole or in part by the $1.4 million the city received from the American Rescue Plan Act.

In a memo dated Sept. 20 to City Council, Tabelski wrote that she is recommending these expenditures as part of her Batavia Investment 2021 report, which is on the agenda for discussion at Monday night’s Conference Meeting.

The meeting is scheduled for 7 o’clock at City Hall Council Board Room.

Should City Council forward any proposed resolutions on Monday, voting would take place at the board’s next Business Meeting, which is set for 7 p.m. Oct. 12.

The federal government, acknowledging the COVID-19 pandemic’s effect on municipal economies, allocated $19.53 billion from the Coronavirus Local Fiscal Recovery Fund to support non-entitlement units of localities with populations under 50,000, Tabelski wrote.

With that, the city received $1,474,764.79 from the ARPA (getting half this year and half next year).

The money can be used for public health costs, lost public sector revenue, essential worker pay and investment in water, sewer and broadband infrastructure, but comes with restrictions.

Those restrictions, as outlined in Tabelski’s report, include the inability to use the money to lower the tax rate, to offset retirement/pension funds, to pay off current debt, for sidewalks and roads (unless documented proof of being related to COVID-19) and to support current operations in the majority of cases.

Tabelski’s report indicates the recommended projects were derived through multiple means:

• Conversations with department heads and staff, and citizen input;
• Review of capital plans, current needs and current reserve accounts;
• Analyzing the ARPA regulations to create projects that will be most beneficial to the city and/or to advance future ventures, with consideration of social and economic factors;
• Allocating ARPA money to projects that could receive alternate funding, such as matching funds from other sources to increase the total investment;
• Ability of city staff to complete, monitor and report on the projects.

Brief descriptions of the seven projects recommended by Tabelski are as follows:

ARPA-1: Engineering Services for Water System Planning

A resolution to contract with GHD Group of Buffalo to “map, inventory and plan to address lead service lines in the city related to the new Lead and Copper Rule” and “to prepare for the closure of the city water treatment plant in connection to Genesee County’s Phase 3 Water Project that would bring Monroe County Water Authority water to the city.

Cost: $248,000, using all ARPA funds.

ARPA-2: Cohocton Water Transmission Line

Replacement of 3,700 linear feet of a 12-inch water transmission line that supplies water to the southwest quadrant of the city – with the connection being made to the existing 12-inch main near the intersection of Industrial Boulevard and Treadeasy Avenue, and continuing to the existing 12-inch main near Walnut Street. The main has incurred 11 breaks in the past 30 years.

Cost: $800,000, equally split between ARPA and reserve funds.

ARPA-3: Inclusive Destination Playground at Austin Park

Located in the city’s Opportunity Zone, Tabelski writes that now is the opportunity to upgrade Austin Park (see photo above), believing that the expenditure will benefit local families, attract visitors from outside the city, assist in public safety in the park and surrounding areas through appropriate environmental design.

Recreation websites describe inclusive playgrounds as activity areas that remove barriers to exclusion, both physical and social, providing a “sensory rich” experience for all. They are designed to be a safe place where children of all abilities can play together, and are developmentally appropriate for children with and without disabilities.

Cost: $800,000, using $400,000 in ARPA funds and seeking grants to double the investment.

ARPA-4: Modify Facility Capital Plan Project

“Critical” improvements are necessary at the city’s Bureau of Maintenance and Fire Department, Tabelski writes, recommending the purchase of a new generator to run fire headquarters on Evans Street and spending to make access into the facility compliant with the Americans with Disabilities Act.

Cost: $540,000, using $100,000 in ARPA funds, with the remainder committed to the project in the Facility Reserve Fund.

ARPA-5: Wastewater Treatment Plant Headworks Analysis

Tabelski is seeking another contract with GHD Group (via a resolution) for engineering services to solve problems being caused by an aging aeration and blower system. The last headworks study took place in 1983, and since them the WWTP’s aeration system had deteriorated due to leaks in the main header. “While this problem has been remediated, it highlighted the need to complete a more thorough analysis …,” she wrote.

Cost: $250,000, using all ARPA funds.

ARPA-6: Replace Aging Sewer Camera

Scheduled to be replaced next year, the city’s sewer main line camera – purchased in 2012 -- is at the end of its useful life and has malfunctioned on several occasions, resulting in repair costs. Tabelski recommends buying an Envirosight Rover X camera from Joe Johnson Equipment of Rochester, which can be bought at a discount through a cooperative purchase program.

Cost: $100,000, equally split between ARPA funds and wastewater reserve funds.

ARPA-7: Replace Aging Water Meter Readers

As in the case of the sewer camera, the city’s meter reading equipment is about 10 years old and need of replacement. The recommendation is a resolution to purchase new handheld and data recorders from Ti-Sales, Inc., of Sudbury, Mass., along with utilizing a cloud-based data storage system.

Cost: $26,765, using $26,764.70 of ARPA funds and $1,718.79 from water reserves.

A City Council member’s request Monday night to add a “Divide New York” discussion to a future Conference Meeting agenda resulted in an admonition by Council President Eugene Jankowski Jr. over her use of a certain word.

Toward the end of the governing body’s Business Meeting at City Hall Council Board Room, Rose Mary Christian brought up a bill sponsored by Assemblyman Steven Hawley that provides for a referendum on the question, Do you support the division of New York into two separate states?

“I think we have a right to bring this forth so people will be able to vote on it next year, and leave it up to every resident in the State of New York …,” Christian said.

The Sixth Ward representative then accused Council President Eugene Jankowski Jr. of attempting to prevent it from being discussed.

“I don’t recall telling you that,” Jankowski replied, as Christian said, “Oh, yes you did.”

Jankowski then said he recalled telling her he didn’t think it was appropriate for City Council to weigh in on it.

“It is appropriate; it’s for local governments,” Christian said.

Jankowski agreed to put it on the agenda, adding, “That’s what I think we intended to do, but you never got back to us.”

“No, you didn’t,” Christian replied. “You might be able to bull---- these other people, but you’re not going to do it to me.”

That prompted Jankowski to say, “Will you please watch your language, Rose Mary? We’re on video and there might be some young child watching it.”

Seeking the last word, Christian said, “Oh, please. Give me a break – with the language that’s out there now. Are you serious?”

Jankowski then asked, “Are you done?”

To which Christian responded: “Will you please put that on for the next meeting? I’m done.”

Robbie Nichols and Marc Witt say they have about 50,000 reasons to support their claim that the first year of the Batavia Muckdogs’ participation in the Perfect Game Collegiate Baseball League was a resounding success.

The team owner and general manager, respectively, took a few minutes at Monday night’s Batavia City Council meeting to report encouraging attendance figures for not only the team’s home games but also for the various other events that took place at Dwyer Stadium.

Nichols said the team averaged 1,778 fans per game over their 27 home games and attracted 501 season ticket holders, compared to 2019, when the team averaged 951 per game and had 79 season ticket holders.

An online check of Minor League Reference, however, lists the Muckdogs’ 2019 attendance at 1,135 per game for 37 home games.

Regardless of the exact numbers, Nichols was justified when he said, “We’re quite pleased at the way our first season turned out.”

When you combine the Muckdogs’ games with the numerous events held at Dwyer Stadium this summer, more than 50,000 people strolled through the gates. Other events included KMS Dance Academy competitions and clinics, PRIDE Festival, Challenger baseball, GLOW Academy Youth Baseball and Battle of Badges.

Collegiate baseball tournaments, an Alzheimer’s Walk and Muckdogs Monster Mash for kids (Oct. 23) are yet to come, Nichols said.

Witt acknowledged the “energy” provided by the Community Dance Team that entertained the crowd on a nightly basis, and pointed out how the players regularly interacted with the fans and community.

Nichols thanked the many sponsors and Council “for entrusting us with this great tradition.”

Council member John Canale, who said he attended several games, commented that the atmosphere “was tremendous.”

“You promised us that and you came through for us,” he said, prompting applause from his colleagues.

In other developments, Council passed the following resolutions:

• A modified and restated sales tax allocation agreement with Genesee County through Dec. 31, 2059. The new contract does not change the terms and conditions between the city and county, but does include wording that allows the county to distribute $10 million annually in sales tax revenue to its towns and villages, beginning Jan. 1, 2022.

In 2018, the city and county reached a deal giving Batavia 16 percent of the county’s share of the sales tax – with provisions for that amount to grow in future years by a maximum of 2 percent per year. In future years, the city’s share will depend upon sales tax revenue growth, eventually being no less than 14 percent.

• An amendment of the city’s zoning map to rezone parcels at 211 and 211 ½ East Main Street, just east of the existing Genesee Area Family YMCA, from P-2 (Planned Development) to C-3 (Commercial) to accommodate the construction of the Healthy Living Campus.

• The installation of a street light on Highland Park due to insufficient lighting on a portion of that street. The resolution authorizes National Grid to install the fixture on an existing pole, which would cost the city about $90 a year for the electricity.

• A contract with Bailey Electric Motor and Pump Supply of Corfu to replace a high service pump Variable Frequency Drive control at the Water Treatment Plant in the low bid amount of $23,878. Tabelski reported that the current part, which is 20 years old, has failed and the repair would be most costly than replacement. A VFD is a type of motor controller that drives an electric motor by varying the frequency and voltage of its power supply, and normally is a key component at the mechanical treatment stage, biological treatment stage, and chlorination and filtration stage.

Council also forwarded to next month’s Business Meeting a recommendation by City Manager Rachael Tabelski to transfer $711,000 in general fund balance to reserve funds and another $50,000 in the workers’ compensation fund to that fund’s reserves.

The funds earmarked for allocation are Police Reserve, DPW Equipment Reserve, Facilities Reserve, Compensated Absences, Parking Lot Reserve, Health Care Fund Reserve and Workers’ Compensation Fund Reserve.

Looking forward, Tabelski said she will be outlining recommendations for the use of the $1.4 million the city received in American Rescue Plan Act funding at the Conference Meeting on Sept. 27, and reported that bonding financial figures and design phase information for the new city police headquarters will be presented in November or December.

Photo: Marc Witt, left, and Robbie Nichols of the Batavia Muckdogs at Monday night's City Council meeting. Photo by Mike Pettinella.

The president of the Batavia City Council tonight said he will utilize all means necessary to rectify a serious situation that has an Otis Street man and woman fearing for their safety and the security of their neighborhood.

“We are working with the assistant city manager (Jill Wiedrick) … she’s going to get code enforcement down there,” said Eugene Jankowski Jr., responding to public comments from Ronald Yantz of Otis Street about the behavior of those living directly across from him.

“We’re going to try to bring all the agencies we can. We already talked to the mortgage agency and they were shocked, but was unable to do anything. They got past their screening … and are kind of confused as to how they made it through and ended up with the house.”

Jankowski said City Council and Police Chief Shawn Heubusch are aware of the problems being caused by residents across the street, noting that 11 people – including six children, unsupervised at times – are living there.

Yantz and Carol Mueller appeared at tonight’s City Council meeting, with the former taking about five minutes to detail how their life has been turned upside down since purchasing their home last August.

Quality of Life Has Diminished

“It was a nice quiet street and a few months later, people bought the house across the street. From there, it has gone downhill as far as my quality of life, our neighbors' qualify of life – our safety,” he said, mentioning the frequent loud parties, large groups of kids, and garbage blowing into his yard from across the street.

He said he was prompted to call police recently after witnessing one of the older kids “pulling out what appeared to be a pistol from one of the cars” and carrying it low into the house.

“If it’s a toy pistol it should have the orange cover on the end of the barrel. It wasn’t a toy as far as I’m concerned,” he said.

Then, last month, he said it was about 11:30 at night when he was shaken by an explosion.

“I was just falling asleep and I heard a huge explosion right near the house. You could hear the shrapnel hit my house. It was no M-80, it was a half-stick of dynamite, at least, on the street. It was only 25 to 30 feet away from the gas main that goes into my house,” he said.

“That would have been the biggest tragedy that ever happened in Batavia … that would have blown all those houses up. And the kids that were standing there would have been killed and me, too.”

He said he ran downstairs and out the door.

Threats Aimed at Couple

“I said, ‘What are you guys doing?’ They’re like, ‘Shut the f--- up’ to us and telling her to shut up. We called the cops and all the neighbors came around; they already had called the cops.”

Yantz said when police arrived, the people verbally abused the couple, and threatened them, saying, ‘Wait until you go to work and see what happens to your house’ and ‘See what happens to your (custom pickup) truck when you’re not around.’”

Unfortunately, the police were unable to do anything at that time as they did not witness any unlawful act.

“This is ridiculous,” Yantz continued. “These people have no regards for their neighbors or nothing. What was a nice, quiet street and now it’s … like some of the other streets that have come down in Batavia. It’s just a shame.”

He said that since he is “stuck” in his home for at least five years before he can sell it, he hopes that the enforcement of ordinances or something else can be done.

“All night long, they play loud music – in the middle of the night, you hear thumping and thumping. It’s very … it’s a situation that I didn’t expect to get into at my age. I just want a nice quiet existence in a residential neighborhood,” he said.

Advice is to Keep Calling the Police

Responding to Yantz’ comments, City Manager Rachael Tabelski said that PathStone assisted the people as first-time homebuyers but noted that they have a mortgage through the United States Department of Agriculture. She also said the city has reached out to the USDA but to no avail.

Jankowski urged the couple to keep calling the police because “when they don’t call for a while, then police resources are directed somewhere else.”

“They (police) think the problem is under control if they don’t hear anything so they move to another location that might need it,” he said, adding that he told police to stay vigilant on this and similar circumstances around the city.

Council member Rose Mary Christian, who represents Otis Street residents in the Sixth Ward, advised that these types of disturbances have been going on for months.

“We’re at the point that it is ridiculous that they have to make a harassment charge against these people when we all know damn well that there are violations of the law – and the fact that the city should do something about it,” she said. “We have more power than these poor people on that street that destroy that beautiful, beautiful street.

Sixth Ward Council Member: It's Outrageous

“As far as social services go, those kids are running in the street and everything else, and throwing items at cars that are going by. The vulgar language and everything else that is going on. They (the children) should be taken away from that family. There’s no if, ands or buts about it. And to have 11 people in that household, and to have all the other friends from Liberty Street coming down into that area, it’s outrageous.”

Jankowski said that filing complaints are the best way to resolve the problem.

“We need a more consistent game plan to deal with this,” he said. “Maybe we’ll keep track of what we do to resolve this so if it pops up in another area … we can use some of these tools and solve it a little faster than the six months that this has been going on.”

He then offered his full support as he also lives on Otis Street.

“If you need support from me, I am right down the street. I’ll walk down and help you guys …,” he said.

Police Chief: Charges are Pending

Heubusch said his officers answered that call for service but noted that there is an open investigation, “so I can’t really get into the details of it but, suffice it to say, there are charges pending.”

“We will be dealing with that. We do have a presence on the street as time permits and our call volume permits … we’re doing our best to split all of our resources and make sure you guys are taken care of,” he said.

Council member John Canale asked Heubusch if he had “past experiences” with any of the people, and he replied, “Some of them are known to us, yes.”

Then, Council member Patti Pacino said, “Are you telling me that if two policemen stand there and somebody threatened my life and my property … they really can’t arrest the person?”

Heubusch replied that he wasn’t there that night, but said that “the legal definition of harassment is much different than the casual definition of harassment.”

Council member Robert Bialkowski urged Yantz to lodge complaints, “even if it’s 2 in the morning, call the police and they’ll be over there in a few minutes.”

Jankowski: Something will Come to Light

Jankowski said the people are playing a “cat and mouse” game with police but eventually “something is going to come to light that is pending over there.”

“There were other things that happened a couple weeks ago. They addressed the situation over there with other agencies interested in people that I can’t discuss – but they removed some people at that point,” he said. “So, that made it a little better for a short period of time. And then other people kind of rose to the occasion and they took over and starting causing problems.”

A former city police officer, Jankowski said victims need to call so law enforcement can address it and document it.

“When those things accumulate, the more time we can show a pattern of constant harassment ... that might fit some of the definition over a period of time,” he offered. “If they don’t have the means to actually physically harm you at the moment, and there’s an officer standing 20 feet away across the street, it’s not harassment at that point. If they’re in your face and they’re making contact with you, you’ve got something there.”

The Batavia City Council, back in the public eye after a five-week break, is expected to hear a review of the Batavia Muckdogs’ summer baseball season from owner Robbie Nichols and an audit presentation for the 2020-21 fiscal year by Kathryn Barrett, director at Freed Maxick CPAs, P.C.

Those two items, along with City Manager Rachael Tabelski’s recommended transfers of unassigned funds to restricted reserve funds, highlight the agenda of Council’s Special Conference Meeting, which is set for 7 p.m. at the City Hall Council Board Room.

A Business Meeting, featuring five resolutions to be voted upon, will follow. One of those resolutions is to approve the modified and restated sales tax allocation agreement with Genesee County – action that paves the way for the county to distribute sales tax revenue on an annual basis to its towns and villages for the next 38 years.

Muckdogs Make Winning Debut

The Batavia club enjoyed a successful first season in the Perfect Game Collegiate Baseball League after the city and CAN-USA Sports LLC, owned by Nichols and his wife, Nellie, came to a lease agreement over the winter to operate a team here – ultimately deciding to keep the popular nickname, Muckdogs.

The team posted a 22-19 record, finishing one game back of Geneva for a playoff berth in the league’s Western Division, but beyond that, fans flocked to Dwyer Stadium in large numbers. The Nichols and their players also supported numerous community events and causes.

In an interview with The Batavian at the end of July, Nichols said fans will see an even better team in 2022, stating that this year’s players will go back to their schools and tell the best players on their teams that “you want to go to Batavia."

“I think the team is really going to improve next year," he said.

Audit: City at ‘Healthy, Stable Position’

Barrett will present the key findings of the accounting firm’s audit of the city, which, per the document’s financial highlights section, continued to maintain a healthy and stable financial position for the fiscal year ending March 31, 2021.

“The city continues to maintain a positive unassigned fund balance. Despite the challenges such as a slow property tax base growth and state mandates (i.e. the property tax cap), the city continues to diligently commit one-time surplus funds to fund balance reserves for future capital investments,” the report reads.

Achievements over the past year, per the report, include:

-- Strong assigned and unassigned fund balances in the general fund and strong balances in the water and sewer funds, along with “healthy” operations in general, water and sewer funds;

-- Committing surplus to reserve funds for one-time equipment purchases and infrastructure and facility improvements;

-- Implementation of fiscal policies such as a fund balance policy, investment policy, revised purchasing manual and monthly financial monitoring.

Tabelski: Move $761,000 to Reserve Funds

The city manager, in a memo to the city’s Audit Advisory Committee dated Aug. 25, writes that after the 2021 fiscal year, the city is in “a good position to increase the percentage of unassigned fund balance … to 15 percent of current year general fund expenses.”

She recommends transferring $711,000 in general fund balance to reserve funds and another $50,000 in the workers’ compensation fund to that fund’s reserves.  Even with these transfers, she said there will be about $2,527,600 left in unassigned fund balance.

Tabelski noted that the city’s capital plan calls for “multiple” expenditures over the next two to five years, including public works equipment, sidewalk replacement and facility improvements – “without negatively affecting the city’s financial position or tax rate.”

The recommended transfers are as follows:

• Police Reserve, $50,000, primarily to replace patrol and detective vehicles on an annual basis, with two vehicles to be replaced next year.
• DPW Equipment Reserve, $100,000, raising the fund to $437,225, with the goal to replace three dump trucks/plows, six sedans, four pickup trucks with plows and a one-ton dump truck by the end of 2025.
• Facilities Reserve, $136,000, considering work on multiple proposed projects, such as the new police station, improvements at the fire station, Bureau of Maintenance, City Centre and other buildings.
• Compensated Absences, $75,000, noting the city’s liability in this area is $1.94 million, with nearly $200,000 due within a year, and also that three pending retirements will affect the general fund by nearly $100,000.
• Parking Lot, $100,000, with an eye on repaving, by 2025, lots on Williams Street, Court Street Plaza and Bureau of Maintenance
• Health Care Fund Reserve, $250,000, to build back funds spent over the last two years. As of March 31, the fund had $10,155.47 in restricted reserves and $13,863.08 in assigned fund balance.
• Workers’ Compensation Fund Reserve, $50,000, with the goal of reaching $1 million in the fund’s restricted reserve. As of March 31, the WC fund had $580,424.34 of restricted reserves and $485,111.13 in assigned fund balance.