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City of Batavia Police Collaboration Advisory Stakeholder Group

City Council topics include police group future, staffing levels, manager search, ice rink repairs

By Mike Pettinella

Between the interim city manager’s report and public comments, the Batavia City Council tonight heard about and touched upon several topics beyond the nuts and bolts of scheduling public hearings for the 2021-22 budget, water rates and amendments to the Downtown Business Improvement District Plan.

The Business Meeting at the City Hall Council Board Room, which lasted only 25 minutes by the way, included:

  • Discussion of the City of Batavia Police Collaboration Advisory Stakeholder Group, which is wrapping up its tasks as required by Gov. Andrew Cuomo’s Executive Order 203 on community policing reform;
  • Staffing of the Department of Public Works, and the police and fire departments in light of the city’s fiscal constraints;
  • Budgeted funds for improvements at Falleti Ice Arena, which are sorely needed, according to a longtime “hockey mom”;
  • And, barely, an update on the search for a permanent city manager, a process that was prompted by the departure of Martin Moore almost eight months ago.

Furthermore, Interim City Manager Rachael Tabelski’s report provided some insight on the police station feasibility study (and its effect on the Genesee Country Farmers’ Market), Community Garden on MacArthur Drive, Jackson Square improvement project, and the City Centre feasibility study.

City resident John Roach, a frequent contributor to Council meetings, posed questions regarding the future of the police stakeholder group, city manager search and essential services’ staffing.

Police Advisory Stakeholders Group

On the police advisory group, Roach applauded the city’s intention to continue meeting after the final report is submitted to New York State by April 1, but wanted assurances that any committees would include only city residents.

“I don’t want anyone else outside the city telling us how to run our local police department,” he said.

Tabelski’s response indicated that a “subcommittee” or “focus group” has planned to meet on its own with Chief Shawn Heubusch and the Batavia City School District as needed, so she didn’t think the recommendation would be “to keep that as a standing committee on behalf of the city.”

She and Council President Eugene Jankowski Jr. agreed that a concerted effort would be made to make sure city residents only would participate on any ongoing “community engagement committee.”

Professional Search for a Manager

Roach then asked about the status of the manager search, noting the amount of time that has elapsed.

His specific questions: “Have we got any updates on the search headhunter group? Did they find any candidates yet? And while the search is supposed to be free, there are always costs. Have we incurred any costs yet related to the search for the city manager?”

Council Member John Canale, part of the search/screening committee, offered very little in return, continuing an exercise that has been kept away from the public eye. Previously, The Batavian reached out to Canale for a few more details about the search but he did not respond to a telephone call or email.

“In regards to the manager’s search, I will not comment on specifics, but just to let you know that we are engaged with the recruitment company (The Novak Consulting Group of Cincinnati, Ohio) and we’re moving forward with our national search and we’re in that process right now,” Canale said in response to Roach. “There will be more to come.”

The search/screening committee advertised in national publications prior to a Dec. 30 deadline – about six weeks ago -- for candidates to submit their resumes.

Moore and the city mutually agreed to part ways on June 20. At that point, Tabelski, who was the assistant city manager, moved into the top spot until a permanent manager was found. She has since revealed that she has applied for the job.

Moore’s leaving prior to serving two full years also triggered a provision in its contract with Novak to obtain a “free search” for his replacement. Nonetheless, the city is anticipating some expense, including the cost of placing job vacancy notices.

Public Works, Police, Fire Staffing

On DPW, police and fire staffing, Roach said he wanted to know the number of employees and vacancies in each department, and asked, “If there are future vacancies, do you intend to fill them or just keep letting the numbers drop because of the budget?”

Tabelski replied that there are four vacancies in the fire department, with one to be filled and three to remain vacant “to achieve our budget number.”

She said the police department is down two employees.

“Contractually one of the vacancies will stay frozen for three years through a retirement incentive and the other, if and when there is funding to fill that, we’ll look forward to doing so,” she said.

DPW Superintendent Ray Tourt said there are 16 employees in his department – down one position (which is frozen this year) at the Bureau of Maintenance. He added that DPW has 14 primary pieces of equipment with one in the process of being repaired.

“One is kind of part-time,” he said. “That’s the old girl that broke down this weekend, but we’re putting her back together for the next one.”

Funding Improvements at the Ice Rink

Council heard from two city residents who wrote letters of support in favor of implementing budgeted capital improvement funds for upgrades at the Falleti Ice Arena on Evans Street.

One was from Mary Ellen Reardon, a “hockey mom” who noted that she has seen no improvements in many years and called the facility “the most poorly maintained rink in the Western New York region.”

She wrote that she has worked at the rink, her husband played in the Genesee Amateur Hockey Association as a youth and then in the Batavia Men’s Hockey League, and their three sons currently play hockey at various levels.

Other topics covered during Monday night's meeting:

  • Police station feasibility study -- Tabelski said Heubusch has provided much information and is prepared to work on preliminary items that “may require us to be on that site (Alva Place parking lot) over the summertime, leading into the meetings that I’ve had with the Public (Farmers’) Market Treasurer Sharon Brant.”

The Farmers’ Market has operated at the Alva Place parking lot for the past five years.

Tabelski said she hopes the market will be able to find a site downtown this summer and a long-term location downtown as well, but they need to identify the appropriate place.

“At the end of the day, it is their choice where they operate,” she said. “If there are only one or two city locations and they are not – they don’t see those as valuable – they may not be in the downtown, but I hope that we can find a way to make it work.”

  • Community garden on MacArthur Drive -- She said the project is going forward this year, adding that Tourt and the DPW are coordinating communications with the garden board.
  • Jackson Square DRI project -- Tabelski said a public engagement meeting for the $750,000 Downtown Revitalization Initiative project at Jackson Square, located between Jackson and Center streets, is scheduled for 6 p.m. on Feb. 18 via Zoom videoconferencing.

“It’s an opportunity for citizens to hear about the project and help shape what that project would look like. It’s probably one of the best community spaces we have and we want to use it more often with more events,” she said.

In December, Council voted in favor of a $114,720 contract with Architectural Resources of Buffalo for engineering services to renovate and enhance the Jackson Square entertainment venue.

  • City Centre feasibility study -- “The City Centre feasibility study is being finalized and will be posted on the city website very soon, and we will be submitting for reimbursement for that grant,” Tabelski advised. “That will help inform us on how to move forward with the City Centre DRI $1 million project.”

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As expected, Council scheduled a public hearing for 7 p.m. Feb. 22 on the budget, a $16.79 million general fund budget spending plan that currently calls for a 1.38-percent increase in the property tax rate. The annual property tax increase on a home assessed at $100,000 will be about $13.

Public hearings to establish new water rates, meter fees and capital improvement fees, and to amend the Batavia Downtown Business Improvement District Plan also were scheduled for Feb. 22 at the same time.

A public hearing about the Community Development Block Grant, a program of the New York State Office of Homes and Community Renewal, took place tonight, but no one from the public or Council commented. The city seeks to obtain a CDBG grant to fund infrastructure projects.

Le Roy police chief announces reform advisory group, sets meeting for Oct. 7

By Mike Pettinella

A 14-member Village of Le Roy Police Reform and Reinvention Collaborative advisory group will conduct its first meeting at 6:30 p.m. Oct. 7 at the Le Roy Village Hall at 3 W. Main St.

Le Roy Police Chief Chris Hayward today reported the names of those who will be serving on the committee that is charged with developing a plan in accordance with Gov. Andrew Cuomo’s Executive Order No. 203 on police reform.

The mandate, “New York State Police Reform and Reinvention Collaborative,” requires municipal police departments to adopt a plan and submit it to the state by April 1 to avoid risking future state funding.

Members of the Le Roy committee are as follows:

  • Mayor -- Greg Rogers
  • Chief of Police -- Christopher Hayward
  • Police Department Representative -- Sean Ancker
  • Business Representative -- Lori Steinbrenner
  • School Representative – Superintendent Merritt Holly
  • Clergy Representative – Jack Hempfling
  • Citizen Representatives – Weldon Ervin, Laura Kettle, Christine Gephart, Mary Margaret Scanlan
  • District Attorney’s Office – Kevin Finnell
  • Public Defender – TBD
  • Town of Le Roy Representative – Supervisor James Farnholz
  • Legal Representative – Jake Whiting

Hayward said he is finalizing the agenda for the meeting, adding that the public is welcome but due to COVID-19 restrictions, seating is limited.

The City of Batavia Police Advisory Stakeholder Group, which has 20 members, held its first meeting on Sept. 24 and has scheduled its next meeting for Oct. 8.

Advisory group to learn about city police department's policies, procedures on Thursday

By Mike Pettinella

Understanding how policing has changed over the years and learning about policies and procedures are the key themes to be addressed Thursday night as the City of Batavia Police Collaboration Advisory Stakeholder Group meets for the first time.

The two-hour session is set for 7 o’clock at City Centre Council Chambers.

“We plan to share an overview of policing as a profession and how it and law enforcement, in general, have evolved,” Police Chief Shawn Heubusch said on Tuesday.

Heubusch said he’s looking forward to working with the 20 members of the committee plus industry experts from several health and human services agencies who have been invited to participate.

“Anytime we can bring people in to help us deliver services in the community is a good thing,” he said. “We have a cross section of the community in the group. I think every ward is represented (by citizen members) and we’ve checked all the boxes of those who have to be involved per the governor’s Executive Order.”

He also noted a “good representation of the minority community” to assist in Gov. Andrew Cuomo’s mandate that municipal police departments engage with stakeholders in their communities to review current police policies and procedures and then develop a plan to adopt and implement the recommendations resulting from the review and consultation.

Per Executive Order No. 203:

Each local government entity … must perform a comprehensive review of current police force deployments, strategies, policies, procedures, and practices, and develop a plan to improve such deployments, strategies, policies, procedures, and practices, for the purposes of addressing the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color.

The plan must be submitted to the state Director of the Division of the Budget by April 1 or communities could risk losing future state funding.

Thursday’s meeting will include a review of Executive Order 203: New York State Police Reform and Reinvention Collaboration, and feature a presentation by the Batavia Police Department.

Topics include the evolution of policing, current operations and the BPD Policy Manual, with members to receive copies of the department’s Policy 300 Use of Force as a "take home assignment."

“Policing methods change depending upon who’s in power in Albany and in the federal government,” Heubusch said, noting that one recent change involves how officers handle people using drugs. “With the PAARI (Police Assisted Addiction and Recovery Initiative) program we have now, the approach is much different in that we refer them to GCASA (Genesee/Orleans Council on Alcoholism and Substance Abuses) and the peer advocates (to get help). Before that, it always was arrest, arrest, arrest.”

Heubusch also pointed to changes concerning use of force policy, specifically mentioning the (Eric Garner) Anti-Chokehold Act passed by the state legislature and – as part of a package of 10 police reform bills -- signed into law as by Cuomo in June. The law criminalizes the use of chokeholds that result in injury or death.

Advisory group meetings will take place on Thursdays, likely at 6 p.m. going forward, Heubusch said, with two meetings scheduled for October, two for November and one or two in December to finalize the plan.

“Our goal is to complete this task as expeditiously as possible,” he said.

Advisory group members are as follows:

Law enforcement/Legal – Heubusch, Assistant Chief Chris Camp, First Assistant District Attorney Kevin Finnell, Public Defender Jerry Ader, Batavia PBA President Matt Wojtaszczyk.

City of Batavia – Interim City Manager Rachael Tabelski, City Attorney George Van Nest, Council Member Kathleen Briggs.

Residents/Business – Brandon Armstrong, Raelene Christian, Bill Hayes, Francis Marchese, Gregory Munroe II, Victor Thomas, Michael Henry, Bill Blackshear.

Other – Rev. Martin Macdonald (City Church), Batavia City School Superintendent Anibal Soler Jr., Batavia Housing Authority Director Nathan Varland, YWCA Executive Director Millie Tomidy-Pepper.

Representatives from Genesee County Department of Social Services, Genesee County Mental Health Services, Lake Plains Community Care, RESTORE Sexual Assault Services, City of Batavia Youth Center and Genesee County Sheriff’s Office 9-1-1 Center also will provide information and answer questions.

Jay Gsell and Erik Fix will serve as moderators.

The meetings are open to the public, with COVID-19 protocols in place.

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