Congresswoman Claudia Tenney (NY-24) sent a letter to National Collegiate Athletic Association (NCAA) President Charlie Baker urging him to change the NCAA's policies to ban biological men from participating in women's sports.
In addition to Tenney, the letter was signed by Representatives Jeff Duncan (SC-3), Nick Langworthy (NY-23), Dan Crenshaw (TX-2), Barry Moore (AL-2), Daniel Webster (FL-11), Christopher Smith (NJ-4), Neal Dunn (FL-2), Glenn Grothman (WI-6), Diana Harshbarger (TN-1), Anthony D'Esposito (NY-4), Rich McCormick (GA-6), Mariannette Miller-Meeks (IA-1), Jim Banks (IN-3), Randy Weber (TX-14), Max Miller (OH-7), and Greg Steube (FL-17).
While the National Association of Intercollegiate Athletics (NAIA) recently approved changing its policy to prohibit biological men from participating in women's sports, collegiate women's sports remain under attack. The University of South Carolina women's basketball coach, Dawn Staley, recently made a statement in which she voiced her support for biological men to play in women's sports. Not only is this dangerous, but it erodes critical Title IX protections.
"We must protect the opportunity for women and girls to compete and succeed in athletics fairly," said Congresswoman Tenney. "While I applaud the NAIA's recent decision to ban biological men from women's sports, I am deeply disturbed that the NCAA is ignoring the facts and failing to do the same. Women fought hard to earn the critical protections of Title IX, and we must continue to protect these opportunities for generations to come. I am dedicated to defending the future of women's sports and providing a level playing field for all female athletes."
Assemblyman Steve Hawley (R,C-Batavia) criticized members of the Majority today for passing a state budget that does not properly address New York’s most pressing issues.
The budget, which came in at a total of $237 billion, is almost $10 billion more than last year and includes billions in funding for illegal migrants and inadequate spending for public safety measures.
They also specifically authorized the Governor to have the power to close up to 5 correctional facilities within the next 5 years which experts say could leave a devastating impact on the economies of the surrounding communities.
While the Majority has dramatically increased spending for the next fiscal year, they have not properly explained how the state will be able to pay for it. New York’s debt is currently over $400 billion and rising by the minute.
Hawley believes this budget is a sign of fiscal irresponsibility and misplaced priorities. Spending money we don’t have will only cause more problems in the long run. New York must stop this trend and work toward balancing its budgets.
“Budget season in Albany is like watching an old rerun of Groundhog Day,” said Hawley. “Every year it’s the same story time and time again. The budget is late, expensive and as always, a complete disaster. With the billions of dollars they’re spending, it's astounding the Majority is doing nothing to curb the public safety crisis in our state. We’ve had four police officers killed in the line of duty this year alone, one of them in Genesee County. Not to mention the irresponsible decision of giving the Governor the power to close up to 5 prisons with only 90 days' notice. Instead, we’re pulling money out of thin air to pay for problems we created. This is unacceptable. Families would never be this irresponsible in their personal budgets, so why are the Governor and Majority Conferences doing so?”
April 22-29 is National Infant Immunization Week. National Infant Immunization Week is a yearly observation that highlights the importance of protecting infants from birth to two years of age from serious childhood diseases.
Vaccines, a successful public health tool, have greatly reduced infant deaths and disability caused by 14 preventable diseases like measles, mumps, whooping cough, chickenpox, and polio.
According to the Centers for Disease Control and Prevention (CDC), on-time vaccinations throughout childhood help provide immunity before children are exposed to potentially life-threatening diseases. Delaying vaccines leaves children unprotected during the time when they need vaccine protection the most.
“Children who may have missed or skipped vaccinations may be at an increased risk of diseases, which can be serious,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments (GO Health).
“It is important to stay on track with well-child visits and recommended vaccination schedules. Please check with your healthcare provider to make sure your children are up to date on their routine vaccinations.”
For more information about vaccines and the diseases they prevent, visit these resources:
For more information on GO Health’s Immunization Clinics or to set up an appointment, visit GOHealthNY.org. You can also contact your respective health department:
Amirose E. Hume, 35, of West Main Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and moved from lane unsafely. Hume was charged by Deputy Ryan Mullen following a one-vehicle accident at 1:12 a.m. on April 18 on Roanoke Road, Pavilion. Hume was transported to the jail for processing and released.
Krista Marie Penkszyk, 38, of Batavia Bethany Townline Road, Batavia, is charged with petit larceny and harassment 2nd. Penkszyk allegedly stole an item during a disturbance at a residence on Bethany Townline Road, Batavia, reported at 7:32 p.m. on April 16. She was held for arraignment and arraigned and released on April 17.
Michael Patrick Pullinzi, 64, no street address provided, of Batavia, is charged with criminal contempt 2nd. He allegedly violated an order of protection out of Family Court at 6:30 a.m. on April 20. He was arraigned and released.
Daniel John Wright, 61, of Bay Village Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, speeding, and driving without an inspection certificate. Wright was stopped by Deputy Jacob Kipler at 1:38 a.m. on April 21 on Lake Street Road, Le Roy. He was issued an appearance ticket and released.
Daniel R. Larocche, 45, of Buffalo, is charged with felony driving while under the influence of drugs. Laroche was stopped by State Police in the village of Oakfield at 7:38 p.m. on April 22. He was released on an appearance ticket.
Joseph J. Nelson, 38, of Medina, is charged with petit larceny. The incident was reported at 12:40 p.m. on April 11 in the town of Batavia. The State Police did not release further information.
Stephen D. McCarthy, 46, of Walworth, is charged with criminal possession of stolen property and petit larceny. McCarthy is accused of possessing a stolen credit card in the town of Alabama at 12:15 p.m. on March 11. He was arrested on April 19 by State Police. The State Police released no further information.
Batavia resident and Flower City music teacher Zach Arenz, with some of his ukulele band musicians, is competing for America's Favorite Teacher and a $25,000 prize. Submitted Photo
In the days, weeks and months after the COVID pandemic protocols settled down and kids were able to return to school after all of that isolation, an odd phenomenon occurred, and many struggled with the desire to return.
For Batavia resident and Flower City School teacher Zach Arenz, he was able to spark student interest through the magic of music.
“I just think at the core of teaching, it's so important for kids to feel connected. And in a world where I think we're increasingly disconnected from one another, it's important to grow those relationships at the school, with their teachers, and get the kids excited to be at school each day,” Arenz says. You know, we're four years post the beginning of the pandemic … but attendance is still a big issue in schools; getting kids to want to come to school is a struggle for a lot of them. And I had one kid recently tell me that the reason he came to school that day was because he had band with me. And, I mean, in the days that I feel most stressed, and I just feel like am I doing it the right way? You hear something like that and you're like, wow, the teachers make such a huge difference in our kids’ lives.”
His work with students as a music teacher and efforts to establish a school-based Community Closet for donations at Flower City School in Rochester has earned Arenz a 2024 New York State Teacher of the Year Award and a Top Two spot so far in his group for a Readers Digest online contest that will award the final winner a $25,000 prize.
Not to boil down school absenteeism all to COVID, but a large reason was the aftermath of pandemic shutdowns and the resulting psychological and social effects, as noted by school experts, that online learning, removal of face-to-face friendships and classroom learning caused to kids.
Add to that a school with demographics of pervasive poverty for students of color, and there are attendance obstacles, said Arenz, who has been a music teacher at Flower City since 2013. In the same way that he first became attached to an instrument — the clarinet in fourth grade and bassoon in college and now in the Genesee Valley Wind Ensemble — Arenz has been helping his students connect with music through general music and instrumental music, modern band, a garage band type model, and a ukulele band for students in grades kindergarten through six.
“Just a lot like my kids, there was a teacher who was brave enough and gave me a clarinet. And from that moment forward, my life has circled around music. I just I always find that it's the comforting spot for me to be, it's where I feel most connected,” Arenz said.
There are certainly other needs, which Arenz has not let go unfilled. He first began to notice a student coming to school in the same white T-shirt, getting dingier day after day after day, he said. He then saw sweatshirts on clearance at a Big Box and thought, ‘I can buy one’ for this student.' Then he bought five. And then he put out a call for donations on his social media site.
The Community Closet grew out of those simple and caring steps to fulfill students’ basic needs five years ago. The response was “more than I could have imagined,” he said.
“Because, if I could at least give them a clean shirt to feel comfortable in for the day, that's fine, I can do that. And then that has spawned into this community closet that I started at school, where I bring in donations from the community, and people will bring their trash bags and their spring cleaning. So there's all this stuff that we don't need anymore, and I have a whole closet and a portable closet rack that houses the clothes that the kids need," he said. "And the moment a kid sees me in the hallway, it may be, ‘I don't have any clean clothes at home anymore.’ But sometimes it's something just like, ‘Oh, I spilled my apple juice all over my pants. Can I have a new pair of pants?’ It's so easy now for me to just say yes, we have those things. And if it's something little like that, I can also run a load of laundry at school because there's a washer and dryer across the hallway from me. So it's doing stuff like that. It just makes the kids feel proud.”
An array of clothing filled the closet for students and their families. Then, several items were donated, including toiletries for personal hygiene. It became about more than just providing for someone in need, Arenz said; it was about providing for anyone in need at the moment. Most anyone could use a squirt of hand lotion at some point, right?
He said there hasn’t been an issue with kids being too proud to accept the goods because of the way the closet is set up. There can be, but he has instead seen “the gratefulness” that develops.
“It’s not something I hide; it’s not something I do in secret. The community closet is immediately when you walk into my door, it is to your right. So there are things that are out, and kids will get first,” he said. “And you know, I think by increasing visibility, you also increase accessibility. I will get interrupted in the middle of class (by a student asking for something). It’s not a big deal; I try to make it as shameless as possible. I also teach the difference between taking something because it’s there and it’s free or taking something because you need it.”
A transplant from Long Island, Arenz, 36, settled into Batavia as a comfy midway point between Buffalo and Rochester after Fredonia State College pulled him closer to Western New York. He first taught music for a middle school class in Sweden (the country) for a year before landing the Rochester job.
A believer in supporting local business, Arenz is no stranger to the Downtown Batavia and Genesee County trivia circuit and considers Eli Fish one of his home bases to hang out. He will proudly wear a Charles Men’s Shop tux to his New York State Teacher of the Year Award dinner at the White House on May 2.
The Board of Regents named Arenz for the 2024 honor based on his being “an exceptionally skilled and passionate educator.” He will also serve as an ambassador for the state teachers and become a nominee for the National Teacher of the Year program.
“Zachary Arenz is the embodiment of a dedicated and inspirational teacher. His ability to engage with students and inspire and ignite a passion for lifelong learning through music is exceptional,” Commissioner Betty A. Rosa said. “His determination to help all students achieve success by providing them with a safe and supportive environment is a model for all schools across the state.”
For Arenz, “It was the dream job I never knew I wanted,” he said.
“I went in growing up in the suburbs, unsure what it was going to be like,” he said. “But my first school, I fell in love with my colleagues, I fell in love with my students. I’m very lucky to have the job that I have. It’s not a position that I take for granted ever.”
When he more recently came across an advertisement for the America’s Favorite Teacher contest and, more notably, the $25,000 prize, he thought, “I could effect some change with that money.”
“I would love to be able to pour money into building up a sustainable classroom or not even just a classroom closet, but a true community space where it's not just in my classroom, it's not something that's mine, I think one for my school," he said. "I think what I would dream ofis having a space that is more central, something that is more accessible, not just by the kids, but also a community space, a sort of, if I was dreaming, maybe it's a space that includes a food pantry, maybe it's a space that includes a shopping experience sort of thing, where we do have a variety of donations that are available to anybody. So when I do my spring cleaning, I would love to return my stuff to the school.”
Voting for this round ends at 7 p.m. Thursday before the next level goes on to compete. Arenz is hoping to continue with the support of everyone’s vote. To do that, and for more information, including about the Teach For America fund and boosting your votes even more, go to America's Favorite Teacher.
At Monday's board of education meeting, the Pembroke Central School District board approved a $27,289,194 spending plan for the district.
Pembroke Superintendent Matthew Calderon said the state provided the district with no increase in foundation aid.
He said the tax levy will stay within the tax cap limit, with an increase slightly below the cap for the 13th consecutive year.
"We needed to pair down our initial budget draft by $870,000 to get down to the final number," Calderon said. "Thankfully, no current full-time employees were cut."
The proposed budget will be presented at a public hearing at 6 p.m. on May 14 at Pembroke Central School.
The budget vote is scheduled for 5 p.m. to 7:45 p.m. noon to 8 p.m. on May 21 in the high school auditorium.
Submitted photo of the Pathway of Life Garden located at Grandview Cemetery in Batavia.
Press Release:
HomeCare & Hospice will be participating in the Genesee County United Way Annual Day of Caring on May 23.
United Way volunteers will be matched to local agencies and non-profit organizations to assist in hands-on projects in their communities.
HomeCare & Hospice of Batavia will be seeking volunteers to assist in cleaning the Pathway of Life Garden at Grandview Cemetery which is a memorial brick garden surrounded by beautiful foliage, flowers, benches, and a place of relaxation and quiet reflection. The bricks are a lasting public tribute to your loved ones.
Volunteers are needed on May 23 beginning at 8 a.m. - 4 p.m. to complete pruning trees, pulling up the walkway to remove roots, weeding, grass removal, and power washing of benches and walkways.
Individuals or teams can sign up to volunteer by contacting Caitlyn Farnung at caitlin.farnung@unitedwayrocflx.org or by calling 585-242-6517. Volunteer registration is open until May 10.
If you or someone you know could benefit from hospice, please contact HomeCare & Hospice at 585-343-7596 or visit homecare-hospice.org.
Students interact with representatives from the Gillam Grant Community Center during the Opportunity Fair. Photo by Jada Atwood.
Press Release:
Byron-Bergen Jr./Sr. High School College and Career Counselor Rob Kaercher is helping students get inspired for their futures. On March 28, students in grades 6 through 12 took part in Career Day which included 75 guests from local companies, organizations, colleges, unions, and military branches.
The goal of the event was to introduce students to career opportunities across a broad spectrum of skills.
“The focus for a long time was on just getting students enrolled in college and that’s no longer the case,” said Kaercher. “We want the students to explore options and think about what they want their future to look like. From there, we can help them get the tools they need, whether it be a degree or certificate or apprenticeship.”
Students rotated through a variety of presentations including a young alumni panel where recent graduates discussed their diverse paths after graduation. Other presentations highlighted college degree programs, careers in the military, trade unions, agriculture, civil service, and not-for-profits.
One panel presentation with a local twist focused on jobs and career paths in Genesee County. It was moderated by Chris Suozzi, VP of Business and Workforce Development from the Genesee County Economic Development Center, and included Deputy Director of Human Resources in Genesee County Tracy Augello, Director of Human Resources for the City of Batavia Rebecca McGee, New York State Department of Labor Workforce Program Specialist Robert Coe, and President of the Genesee County Chamber of Commerce Brian Cousins.
They discussed local jobs, who is hiring, what is important in landing a job, and how different careers have different training requirements.
"The Byron-Bergen approach to Career Day is a refreshing change from the traditional choices of college or trade school,” said Jr./Sr. High School Principal Paul Hazard. “Mr. Kaercher and our team are helping students identify their goals and skill sets, and then find the right path to achieve their aspirations. That is also why Coach Fitch was an ideal keynote speaker.”
The students attended a keynote address by Fairport Basketball Coach Scott Fitch. He talked about his experience coaching Team USA and his involvement in Section V. He also shared personal stories from his players that illuminated the damage social media can do to career paths for students who are not careful with the content they post and curate. He emphasized staying positive on social media.
“Through the lens of social media, I challenged the kids to be better,” said Fitch. “To be better people, students, and friends. Many of the kids were nervous at the thought of us looking at their social media. The kids really resonated with the message and were a great audience. Byron-Bergen is a special place because people care. I was very excited to be a part of Career Day. Few schools offer a day like this to their students.”
“Coach Fitch’s presentation was really impactful,” said Kaercher. “Our students may not think they have much of a digital imprint, but everything they post or comment on can affect their future.”
The day rounded out at the Opportunity Fair. Veering again off the well-worn path of a traditional career fair, the Opportunity Fair featured career paths as well as summer jobs, volunteer opportunities, representatives from colleges, the military, unions, local non-profits, government agencies, and entrepreneurs. The Opportunity Fair was a chance for students to seek out and learn more about their areas of interest in a casual setting.
“It’s so important to be exposed to companies and speakers and network with people who could inspire you on a career path that you love,” said Kaercher.
Keynote speaker Scott Fitch presents to high school students. Photo by Jada Atwood.
Students learn about emergency rescue services. Photo by Jada Atwood.
Students attend a presentation about careers in the military. Photo by Jada Atwood.
The Batavia Muckdogs have officially released their 2024 promotional night schedule. This season the Muckdogs will have four fireworks shows -- June 1, 15, July 3 & 20, $1 Hotdog & $2 Beer Night return, four brand new theme nights, & a blast from the past!
This season, fireworks shows will be sponsored by Graham Corporation & Batavia Downs (Sat. June 1), Oak Orchard Health, HP Hood, & Rochester Regional Health (Sat. June 15), Tompkins Bank & Turnbull Heating & Air (Wed. July 3), and O-AT-KA Milk Products (Sat. July 20). The Helicopter Candy Drop will make a return on Saturday, July 27, vs Jamestown. Dwyer Stadium will also feature some new things, as Dave’s Ice Cream will host a giveaway night, Bark in the Park (bring your dogs to the game!), Kids Free Night (July 5), and Bills Mafia Night. The Muckdogs will also have something old but new in 2024 as well. On Friday, June 28, Batavia Clippers Night will be at Dwyer Stadium for fans of baseball in Batavia from decades past. The Muckdogs will have lots of other fun and giveaways this summer. The Muckdogs will also have a free T-shirt giveaway on Sunday, June 30 & the Helicopter Candy drop courtesy of Pete Zeliff returns on Saturday, July 27. The full schedule is available at www.canusamuckdogs.com.
The Muckdog's opening weekend is set for Saturday, June 1, at 6:30 vs. the Elmira Pioneers with post-game fireworks and then back Sunday, June 2nd 4:05 vs. the Niagara Falls Americans with meet the team night.
Season tickets are on sale starting at just $99. 585-524-2260 or visit www.canusamuckdogs.com for special promotions, season tickets, or group information. See you at Dwyer Stadium this summer.
Due to scheduling conflicts among musicians, the Genesee Symphony Orchestra's final concert of the season has been rescheduled for the 2024-25 season.
Season ticket and Flex ticket holders can use their current tickets for the rescheduled concert.
The original date of the concert was May 5, and it was built on the theme "American Pictures." It was going to feature the works of composers from the United States such as Aaron Copeland, William Grant Still, and Florence Beatrice Price.
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application for a Special Use Permit by East Coast Speedway (Jason Bonsignore) to open and operate a racing track on property that was the former polar wave at 3500 Harloff Road, Batavia, NY - Tax Map 151. This is in a Commercial/Recreation District.
Said hearing will be held on Tuesday, May 7, 2024 at the Batavia Town Hall at 7:15 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date. You may email the Chairman at kjasinski@townofbatavia.com or text 219-9190.
by order of the Town of Batavia Planning Board Kathleen Jasinski, Chairman
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application for a Special Use Permit by Genesee Biogas, LLC to construct and operate a renewable gas facility consisting of two digesters, a gas storage tank and associated equipment for the purpose of digesting organic wastes to produce renewable natural gas and/or electricity and heat. A utility corridor consisting of waste forcemain lines, electrical lines and water lines will run from each of the main waste stream plants (i.e. O-AT-KA, HOOD, etc.) to this facility. A small portion of the waste stream will be received by truck delivery. The facility will consist of a series of tanks, infrastructure, heat exchangers and buildings including an18,000sf receiving and unloading building. A new commercial driveway is proposed to West Ag Park Drive. This is located in the Genesee Valley Agricultural Business Park Tax Map #20-1-108.
Said hearing will be held on Tuesday, May 7, 2024 at the Batavia Town Hall at 7:00 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date. You may email the Chairman at kjasinski@townofbatavia.com or text 219-9190.
by order of the Town of Batavia Planning Board Kathleen Jasinski, Chairman
Dr. Joseph Canzoneri addresses City Council Monday evening about parking concerns due to the beginning of construction for the new city police station at Alva Place and Bank Street. Photo by Joanne Beck
A private meeting that began at the city police station Monday for a dozen downtown business owners to discuss parking concerns with city management and the architect of a new police station spilled out before City Council later during an open conference session at City Hall.
The meeting lasted for more than an hour, and when walking out of police headquarters at 10 W. West Main St., Patrick Privatera, owner of Village Physical Therapy, seemed none too optimistic about the future of the business that he established in the corner of Alva Place and State Street, adjacent to a parking lot that is being completely devoured by construction staging for the new police facility.
“So we deal with patients who have mobility issues that have cardio, cardiac, you know, less than lower cardiovascular stamina, they can't walk from across the street. I mean, it's easy to say go park by a JCPenney, but if you're someone with COPD or can't walk 50 feet, that's going to make the difference between coming to our office and not coming to our office. They're not going to come to our office.”
That’s not how he understood it would be when city management spoke to business owners in January 2022. Manager Rachael Tabelski had introduced the idea that “we’re going to be neighbors and build a police station” without any discussion, he said.
“There wasn’t really any asking what does your business need? It was just saying this is happening,” he said. “And, in fact, I’m surprised it took this long, because, I mean, I put together a pretty lengthy document of some concerned questions and concerns, I asked for a meeting, we were supposed to have met. And she was funny. It was an email exchange; she basically called me instead in lieu of a meeting and accused me of being anti-police, and nothing’s further from the truth. I just invested a quarter of a million dollars in this building and relocated my practice there. I just want some place for my patients and my staff to park, that’s it.”
He said that parking for this week has been ok, but he’s been told the entire parking lot will be closed for construction. He’d like the city to give business owners more time to figure out how to deal with this, but “they’ve got weather, they’ve committed a lot of resources to this, whether it happens or not, they need to do something,” he said.
“I hope they give us time. I have room potentially on my property there to construct our own parking,” he said. “If I had more time, I might be able to, but not in four days.”
As others headed to City Hall for the council meeting, Privatera opted not to go. He said emotions were heated, and he didn’t think the situation would get resolved in that meeting.
Dr. Tom Mazurkiewicz came out of police headquarters more frustrated than satisfied.
His take: The city isn’t willing to negotiate a reduction in the construction area's footprint and a move of the staging area to the other side of Alva Place.
Mazurkiewicz, who has a chiropractic practice on Washington Avenue, said the only response officials gave business owners to the reason for not putting the staging area next to JCPenney was, “It’s not in our budget.”
He and fellow business owner Joseph Canzoneri said that their businesses will survive the 18 months of disrupted parking even though revenue will drop significantly, but that isn’t really their number one concern, said Mazurkiewicz.
“It’s a safety issue,” he said. “That’s all I care about.”
Doctors Joseph Canzoneri, Adam Gregor and property owner Sharon Kubinec picked up the ball and ran with it during the conference meeting. Canzoneri, a longtime podiatrist also on the west side of the parking lot along State Street, spoke about the plight of his patients and the hurdles they have to overcome as it is without having to deal with parking issues.
“Many of these people suffer from COPD and carry oxygen, have cardiac issues, neuromuscular and severe back problems from trauma broke, degenerative changes, affecting balance and ability to walk any distance or on uneven surfaces, ” he said. “They have diabetic foot issues, such as ulcerations or amputations, have a leg prosthesis, individuals post-surgical both from podiatry and orthopedics (Le Roy physical therapy is affected). Patrons with poor vision are forced to walk long distances or on uneven terrain, not to mention young parents carrying children in car seats and using strollers. Many patients use assisted devices like wheelchairs, motorized scooters, crutches, canes, open cast boots and braces, making it even more difficult in the winter to traverse these distances and different terrains, curbs, grass, stone, and the list goes on.”
The issue for him and the other business owners is that their patients, although being offered parking on side streets, are parallel parking and not very close to the medical office. Parallel parking is not the same as handicapped parking, Canzoneri said, because there are still obstacles to getting out of one’s vehicle and navigating uneven terrain from the vehicle to the office.
Why are people so up in arms now, after the city has had planning sessions and press releases about construction and timelines for this new facility?
“We understand the city had public meetings regarding the approval of the police department. We understand the proposed building will be on designated city property, and the site and rendering of the building were made public,” Canzoneri said. “What we did not know is the staging footprint until nine days ago. There should be an opportunity for public input in a public hearing, especially when the proposal adversely affects the business detrimentally. We are all within 500 feet distance to the project. At a minimum, notices should have been sent out for public input prior to this project going out for bid. When was the planning board meeting set regarding the staging area? If the city bypassed this due diligence required for all projects believing that the city doesn’t need input because it is the approving and permitting authority, then that is poor communication, poor community outreach and poor planning.”
Gregor, who took over the dental practice formerly occupied by Dr. Kubinec at 180 Washington Ave. about two years ago, said that he was “deeply troubled by the negative impact this closure will have on my patients in my practice.” As in Canzoneri’s case, Gregor’s patients also have mobility issues or young children in tow, he said, and the parking lot closure will “undoubtedly create an inconvenience” at best.
“I have not once been approached regarding how this project could impact the care of my patients and on my business. My displeasure with this project arises from the fact that it is already different from the proposed plan, which Dr. Joe had just mentioned was only presented to us last week. We collectively as business owners had concerns about the construction zone footprint as it was originally presented to us. We were assured that measures would be taken to minimize disruption to the businesses operating within the complex,” he said. “However, the sudden and expanded closure of the parking lot has blindsided us and proposed this year poses a serious threat to my patients and to the well-being of my practice. The closure of the parking lot threatens to undermine all the hard work and investment I've put into building my practice in this location. The closure of the parking lot will undoubtedly create inconvenience and frustration for my patients, potentially leading them to seek dental services elsewhere.
“Furthermore, the lack of parking will likely turn new patients from choosing my practice and may even cause some of my existing patients to leave. Dental Care is already a daunting task for many individuals and adding the stress of finding parking only serves to exasperate their anxiety,” he said. “I believe that there are ways to mitigate the disruption without jeopardizing the livelihoods of those who operate here. To not care about the situation is to not care about us as medical professionals, business owners and taxpayers just as important to not care about the situation as to not care about the citizens who seek care in our offices. I hope that moving forward, we can collaborate and cooperate with each other rather than contend with one another.”
Sharon Kubinec, who served as practice manager for her husband during his time as dentist at the site, spoke as a concerned property owner and someone who knows how busy those medical practices are each day, she said. She also cited Ricky Palermo as a patient who uses at least three of the services in that complex and who will have potential difficulties navigating the path to each office in his wheelchair. Palermo was invited to tour the parking lot and surrounding areas since there wasn’t wheelchair access to the second-floor meeting room at the police station, but could not make that meeting.
“Ricky Palermo, who wanted to be here tonight, goes to Dr. Joe, Dr. Adam and Dr. Tom, and he can't go to his foot doctor, his chiropractor and his dentist for 18 months the way it is situated now over there,” she said.
She suggested that the city could do something similar to what United Memorial Medical Center had done some years ago with a bus that shuttled employees between the North Street site and Jerome Center on Bank Street when parking was tight. Only this time, the bus would pick up patients at the former JC Penney building and take them to the medical offices, she said.
Canzoneri proposed a larger parking area for patients and clients, and city and contractor staff would park in the lot across Alva Place closer to the JC Penney site, which he said would also be used as more of a staging area.
“This will still provide a convenient staging area, plenty of room to stage safely, also cost-effective, and most importantly, safety for our clients and pertness, not to mention relief to the detrimental financial risks to the businesses that are being imposed by these egregious parking restrictions and proposals,” he said.
There are more than medical practices at the complex, such as Amanda Lowe’s business. Lowe, the owner of Jagged Edges, said outside police headquarters after the earlier meeting that she hated to say anything publicly because she understands her business is sustaining far less impact than some other businesses. However, if she knew this parking restriction was coming, she might have selected a different location when it was time to relocate from her original site on Veterans Memorial Drive.
“I definitely bought the location based on knowing that I had the parking,” Lowe said. “ I wasn't aware of how big the project is. And you know, the impact it was going to have on our customers coming in. It probably would have made a difference on the location because there were two different locations I was looking at. Parking was one of the biggest reasons (she selected her current location). I knew that this was in the works before, but coming from being in the town to come into the city, I wasn't really fully aware of how long the construction would be and the impact and all the businesses.”
Marc Johnson, owner of Millennium Computers, may not experience the same impact as the medical offices, but it isn’t negligible either.
“I’ve got people coming in with heavy computers in their hands. They're not going to walk from JC Penney's over to my place,” Johnson said.
He is considering converting some of the green space he owns next to his office into parking for his business.
“I haven’t done anything with it for 20 years except mow it,” he said. “If push comes to shove, I'll just put my own parking in. Ideally, it'd be nice to share the burden with the city or whoever else and make it bigger than just a handful of parking spots for Millennium. And then, you know, my neighbors that are in the medical world can have some handicapped parking there.”
City Manager Rachael Tabelski said that she believed the information she initially provided was correct regarding construction coexisting with parking near business offices.
“Once we learned that the contractors controlled the entire site, we had to decide whether to delay the project, spend more money on it, or just take the entire parking lot and find more accommodations for the business owner.”
She said those accommodations under immediate consideration are adding wheelchair ramps for easier access to curbside parking. There are a potential 68 parking spaces on the streets around the complex. The city is also considering hiring a shuttle to assist patients from parking to offices.
“If people parked at City Centre, they could get a ride in, Tabelski said. “Hopefully, that would take care of issues with folks with mobility.”
While there were public hearings about the project where anybody could have raised parking issues, it was never mentioned.
“We went through the process, and in everyone's mind, you saw a rendering that still had the big L going through it where parking is,” Tabelski said. “We all should have jumped to the conclusion, ‘Oh, that's great at the end, but what happens during construction,’ right? I definitely lean on the architects we work with and the contractors to guide me through this because I'm neither. I'm a city manager. But I do want to make sure that our businesses have what they need to get their patients in, and I go to a lot of the businesses, so it's definitely not personal; we want to help. We don't want to hurt their business in any way.”
She said the city is “all over” a proposal by Marc Johnson, owner of Millennium Computer on Washington Avenue, to convert a green space he owns next to his building into a parking lot.
“It'll be a temporary construction, an accommodation,” Tabelski said. “We will be (working on it) as soon as we can get millings and build a foundation out there. He has offered -- as far as I know -- I'd hate to speak for Marc -- to allow some public parking there as long as he reserved spots for his business. So, we're interested. He came with this great solution and I think we can get eight to 10 spots there. There's also another grass parcel. I'm not sure who owns it, but I'm going to try to find out and see if they'd be interested in a similar thing.”
Council President Eugene Jankowski Jr. said he understands that it's going to be an inconvenience for people.
“But it's been an inconvenience for men and women in the police department to work in an antiquated building and not be able to serve the public. That building is not just a building; it's a tool because there's certain requirements for juveniles, for victims, for defendants. They have rights. They have laws that protect them and we are not able to comply with that as efficiently get in the building, not to mention that the gentleman we all know, wasn't even able to get into the building for a meeting,” Jankowski said, referring to Palermo. “It’s not easy to get a sense of where the new building will be. So when I hear we're supporting the police, and then I see that it doesn't appear that we're supporting the police. I know as a former police officer, how I would be feeling right now when I hear all this outreach and all this stuff going on. And I see the city making every attempt to try to make accommodations. But it's not making anybody happy. So we’ve got to reach a middle ground, we’ve gotta reach some kind of compromise, we have to get this building over the finish line. Because if we don't, it was explained just a few minutes ago, extreme cost overruns will put the project in jeopardy.”
After the meeting, he said that he was very disappointed in the city's response when “we’re trying to do something good for the community and our public safety, which is very valuable to this community.”
“I really take public safety very seriously. And yet, we're meeting all this resistance over a few parking spaces that we're trying to make accommodations for. But that doesn't seem to be good enough,” he said. “This is all temporary. This is only for a few months, and we're doing our best to try to work it out in the meantime. And there are many ideas, and I'm sure the city manager will find a solution that will do her best to accommodate as many ideas as we can any way we can.”
When asked what he thought about Jankowski’s public response to business owner comments and an appeal for consideration, Canzoneri said he felt “terrible.”
“They show no empathy for the patients,” he said.
Howard Owens contributed to this story.
Dr. Adam Gregor stresses the importance of protecting patients and the business during Monday's conference meeting at City Hall. Photo by Joanne Beck
A graphic released on April 11 by the City of Batavia showed what city officials believed at the time would be the available parking at Bank and Alva during the construction of the new police station. Late last week, officials revealed that the entire parking lot north of Alva Place will be fenced off during construction.
The local press was not permitted in a meeting on Monday between business owners concerned about impacts on their shops during the construction of a new police station in Batavia, but afterward, the project manager spoke exclusively with The Batavian about what he tried to communicate during the discussion.
Ken Pearl explained the scope of construction, the need for the use of parking space next to the primary construction site, and the coordination and liability issues involved.
With five contractors involved -- there is no lead contractor -- there is a lot of complex work that needs to be coordinated with timelines that need to stay in sync.
The sudden dust-up over parking has contractors nervous about staying on schedule, Pearl indicated.
For this $15 million project, there is a general contract, a site contractor, an electrical contractor, a plumbing contractor, and a heating contractor. They’re all under separate contracts.
“Now that this has become an issue, I have to speak on behalf of this group because they're aggrieved now, too,” Pearl said. “They’re under contract that go under state and federal government rules. And they're like, ‘Wait a minute, nobody can agree to just be moving this fence around because there's insurance issues, liability, and all kinds of stuff. Plus, we need space to work.’”
In the meeting with business owners, Pearl said he tried to convey the message that “this is our world.” He tried to show them what the contractors are supposed to be doing and why.
“We’ve got to put that fence up all around the parking lot on the city's boundary, and then we will transfer all the liability to the contractors," Pearl said. “They're responsible for everything that happens here. They can't have people in here. They're not trained, they're not wearing safety gear. The first thing the contractor is going to do is come in with expensive equipment, like a Thruway project or something or a road project. They're gonna be grinding up all this asphalt because it's all getting refurbished and pulled up. And we got to access the sewers and infrastructure elements underneath.”
Pearl explained that the need for contractor space next to the job site involves much more than asking workers to walk an extra 40 feet, as some business owners seem to believe.
Once the asphalt is ripped out, a sewer line must be removed. It is buried 15 feet underground on the west end lot.
Then, all the footings for the walls need to be dug out. Digging out the footing space and foundation will create debris that must be moved into the west end of the lot where it can be sorted -- refill, recyclable, and waste.
The stormwater draining system gets rebuilt.
A mesh of conduits and tubing needs to be installed with contractors needing easy access to supplies.
All-terrain vehicles with forklifts will need to move around the perimeter of the building in space that was seemingly designated as parking before city officials learned those renderings were wrong.
Scaffolding will be erected around the building and will intrude into that same "parking space."
While some workers can show up with their tools in their sedan, Pearl explained that the concrete guys can’t do that. They drive pickups with all their tools in compartments around the bed of a truck.Concrete workers need to work fast. They have a limited time to complete tasks once the concrete is poured.
“What they're doing is constantly going back and forth to their trucks,” Pearl said. “You'll actually see them moving their trucks because they're working fast. When heavy concrete comes in, there's a time limit on it for their working procedures. They're not going to allow us to tell them to park across the street. That's insane. From their perspective, they don't even want to park over here (he pointed to the site plan). They want to park here. And then two hours later, they're gonna be here, and three hours later, still here. They'll work not an eight-to-five. They'll stay if the poor require them to stay till 10 o'clock at night.”
Quality control testing needs to take place on the job site, which means equipment needs to be set up and stored close to the new construction.
“They can’t do that across the street because they gotta be where the thing is happening,” he said.
Each contractor needs a trailer for office space, so there are five trailers total, plus one each for state and federal inspectors.
Utilities need to be run to those trailers and the job site.
Moving all of that infrastructure to the other side of Alva would mean double installation of infrastructure.
“That's multiple of everything,” Pearl said. “So technically, my message was, we can do anything you want. But we're going to crucify the budgets."
Workers' safety is also at risk if they have to cross a public roadway from the job site to a staging area.
“If we're having people walking across the public street, we’re putting workers at risk,” Pearl said. “Guys get busy, tired, dirt in their eyes, they're sweaty, they might not be paying attention after the 100th time walking across the street.”
Pearl said the map showing swaths of parking around the construction site went out before it was shown to him. During the Monday meeting, he said Tabelski apologized for the miscommunication.
After Monday's council meeting, Council President Eugene Jankowski expressed frustration that some people seemingly can't accept that city management made an honest mistake.
He said that rather than castigating city employees, those affected should understand that a mistake was made and that the city is trying to rectify it.
“There were timelines that had to be met,” Jankowski said. “Rachael had an older drawing. It wasn't an updated drawing, and she thought she would be ahead of the game by getting it out to them. When Ken (Pearl) found out about it, he realized that she had sent out the wrong drawing. She apologized to everyone in the meeting earlier today (Monday), explaining that that was her mistake and that it wasn't intentional. However, I've seen affected business owners on Facebook saying the city lied and that the city purposely blindsided us. That's not true. It was an honest mistake. And we're doing our best to correct that.”
Jankowski suggested that small business owners might be more understanding of the fact that everybody is trying to do their best for the community.
“The part that really perplexes me is and it causes me severe disappointment, that we're trying to do something good for the community and our police department and our public safety, which is very valuable in this community. I really take public safety very seriously. And yet, we're meeting all this resistance over a few parking spaces we're trying to accommodate. But that doesn't seem to be good enough.”
Pearl noted that the public part of the police station construction story has always been that this was a three-phase project, with a new police station, new secure parking for the police, and rebuilt public parking.
People seem to have missed the “rebuilt public parking,” he suggested, because that means eliminating all of the existing parking lot.
“When you build a police station, you're talking about doing a 100-year building if you can pull it off,” Pearl said. “If I'm building a warehouse for my business, I might only care that it lasts 20 years. I’m going to invest low in it. A church might want the building to last 200 years. A car dealership, I'm gonna remodel it in five; I don't need certain standards the same all the time on a project. We spent a lot of time working out all this stuff. I think when this is all done for the public. They will get something that boosts that neighborhood. Because somebody's spending money on it, in my experience, that tends to give people comfort if they want to think about investing in something, new or remodeling something, because now somebody did it, values are going up a little bit. If nobody does it, nobody does it, you know.”
On Monday morning, workers moved a construction fence off the sidewalk behind a group of office buildings on Washington Avenue, Batavia, that was erected late last week in preparation for the start of construction of the new Batavia police station.
Dr. Tom Mazurkiewicz said he and other businesses in the complex were upset with the placement of the fence and even just moving it off the sidewalk isn't good enough.
He claimed that city officials presented plans to the businesses showing the fence being placed in the parking lot, where space is striped for a second row of cars, keeping the first row open for business parking.
After the fence was erected, he said city officials told him OSHA requirements dictated the location of the fence and "the plan changed."
He doesn't believe there is an OSHA requirement for that particular placement of the fence.
"They're just lying about everything," Mazurkiewicz said. "It's a mess."
Brett J. Frank, the city's director of public works, declined this morning to comment on the situation, citing a meeting planned for Monday evening as the reason.
City officials will meet with representatives of the businesses, which are mostly medical offices, at 5:30 p.m. at the current Batavia police headquarters. Mazurkiewicz said the issue has also been added to the City Council agenda for Monday. That meeting starts at 7 p.m.
On Friday, City Manager Rachel Tabelski put out a statement addressing the parking issues:
“The City of Batavia Police Department will move from their 167-year-old converted mansion, known as the Historic Brisbane Mansion. There have been no less than five studies conducted since 1991 to determine the future of the police station in Batavia, as well as a citizen task force commissioned to investigate possible site locations. The location of the new facility was identified by the task force.
“Working with the construction team, the City will continue to provide the community and surrounding businesses, and their patrons with free parking with some restrictions in place. The safety of the construction workers and those using the Alva lot is the highest priority. At this time, the West Side of the Alva Parking Lot is available for medical/customer parking; the streets of Washington, State, Bank and Alva have free on-street parking as well.
“Patrons of Washington and State Street businesses without mobility issues are encouraged to park in the City Centre lot, leaving adjacent street parking for individuals who need access. The City recognizes that parking will be inconvenient, but the goal is to minimize the impact on businesses and residents. The City looks forward to project completion and appreciates everyone’s assistance and cooperation during the 18-month construction period.
The lack of parking is costing him business, Mazurkiewicz said. He had seven clients cancel appointments on Thursday and Friday and two on Monday morning.
He had one 90-year-old client try to walk from the open spaces behind Millenium Computer to his office, which is at least 150 yards across three grass outcroppings that disrupt the sidewalk.
He said city officials told him they would create three on-street handicap spaces, but Mazurkiewicz believes that many elderly patients either can't or won't parallel park if that's required to use those spaces.
"We need at least eight handicapped parking spaces," Mazurkiewicz said.
He said one customer told him, "I can walk 20 feet, but I can't walk 150 yards," and he added, "What about a mom with a baby in a car seat? That's 50 pounds. Is she going to carry it 150 yards?"
When asked what he expected in terms of parking availability once construction is finished, he said he didn't know. "They haven't told us," he said.
The city is building a $15 million, 21,000-square-foot facility at Alva Place and Bank Street. It is partially funded by a $2.5 million USDA grant and low-interest loan from the USDA.
Joanne Beck contributed to this story.
One of three grass patches that disrupt the sidewalk along the Washington Office office complex. Photo by Howard Owens.
A construction worker taps down asphalt in the parking lot of the construction site after digging a hole to inspect something under the asphalt. Photo by Howard Owens.
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